United States v. Funke, No. 16-1218 (8th Cir. 2017)
Annotate this CaseDefendant appealed his 135 month sentence and restitution after pleading guilty to one count of possessing child pornography. Defendant possessed over 600 images and videos of child pornography, including depictions of child rape and bondage. Among these were 21 videos from the “Vicky series,” depicting her sexual abuse at the age of 10 and 11. The court concluded that the district court did not abuse its discretion in sentencing at the bottom of the guidelines range and by carefully considering the 18 U.S.C. 3553(a) factors. The court also concluded that the district court properly awarded restitution to Vicky based on future losses; the district court properly applied the Paroline v. United States factors in its proximate cause determination; and the district court did not abuse its discretion in awarding $3,500 in restitution. Accordingly, the court affirmed the judgment.
Court Description: Benton, Author, with Murphy and Shepherd, Circuit Judges] Criminal case - Sentencing. Defendant's sentence was not substantively unreasonable; the amount of restitution ordered in this child pornography case for the victim known as "Vicky" is affirmed as the district court properly applied the Paroline factors and did not abuse its discretion in determining the amount.
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