In re: Amy & Vicky, et al v. USDC, Sacramento, No. 13-71486 (9th Cir. 2013)
Annotate this CaseAmy and Vicky, child pornography victims, petitioned for a writ of mandamus pursuant to the Crime Victims Rights Act (CVRA), 18 U.S.C. 3771. The court concluded that the district court did not commit legal error or abuse its discretion in declining to impose joint and several liability in this case. Petitioners' request that this court overrule United States v. Kennedy, which required a court to identify a causal connection between the defendant's offense conduct and the victim's specific losses before awarding restitution pursuant to 18 U.S.C. 2259, was previously considered and denied. Accordingly, the court denied the petition for a writ of mandamus.
Court Description: Criminal Law. A motions panel denied a petition for writ of mandamus brought by child pornography victims challenging the methodology applied by the district court on remand in determining the amount of restitution. The panel held that the district court did not commit legal error or abuse its discretion in declining to impose joint and several liability on the defendant for all of their losses. The panel also noted that there is no intervening higher authority that is clearly irreconcilable with United States v. Kennedy, 543 F.3d 1251 (9th Cir. 2011), which therefore remains binding.
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