United States v. Galan, No. 14-30145 (9th Cir. 2015)
Annotate this CaseDefendant was convicted for distribution of child pornography and possession of child pornography. On appeal, defendant challenged the district court's restitution order. The court agreed that the district court erred when it failed to disaggregate losses caused to the victim due to the crimes perpetrated against her by the original abuser and those caused to her by others who possessed or distributed images of the abuse which were made by the original abuser. Accordingly, the court vacated the restitution order and remanded for further proceedings.
Court Description: Criminal Law. Vacating a restitution order and remanding, the panel held that in calculating the amount of restitution to be imposed upon a defendant who was convicted of distribution or possession of child pornography, the losses, including ongoing losses, caused by the original abuse of the victim should be disaggregated from the losses caused by the ongoing distribution and possession of images of that original abuse, to the extent possible. The panel held that the district court erred when it declined to limit the restitution imposed upon the defendant in that manner.
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