United States v. Hargrove, No. 11-6131 (6th Cir. 2013)Annotate this Case
Forensic examination of Hargrove’s computer revealed more than 800 images and 16 videos depicting the sexual exploitation of children. “L.S.” appeared in eight of those images, “Amy” in three images, and “Vicky” in one video. He was indicted on two counts of transporting child pornography in interstate commerce, 18 U.S.C. 2252A(a)(1) and (b)(1); receipt of child pornography, 18 U.S.C. 2252A(a)(2)(A) & (b)(1); and possession of child pornography, 18 U.S.C. 2252A(a)(5)(B) and (b)(1). Hargrove pled guilty to the possession charge under a plea agreement with the government and then absconded. Upon return to federal custody, Hargrove pled guilty in a separate case to a charge of failure-to-appear, 18 U.S.C. 3146(a)(1). At sentencing the district court ordered Hargrove to pay restitution to the victims and imposed contingent joint and several liability on Hargrove in the event the victims are unable to acquire necessary resources to pay for their psychological treatment from defendants convicted in other cases who also viewed the images and videos. The Sixth Circuit vacated the restitution order and remanded for calculation of damages attributable to Hargrove. Courts may not apportion restitution by imposing joint and several liability.