Vicky v. United States

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 28, 2014
• Docket: 12-2752
• Status: Published

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 12-2752 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Robert M. Fast

lllllllllllllllllllll Defendant - Appellee

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Vicky, Child Pornography Victim

lllllllllllllllllllllInterested party - Appellant ___________________________

No. 12-2769 ___________________________

In re: Vicky, Child Pornography Victim

lllllllllllllllllllllPetitioner ____________

Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: August 20, 2014 Filed: August 28, 2014 [Published] ____________

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.

This case is on remand from the Supreme Court of the United States. Vicky, Child Pornography Victim v. Fast, 134 S. Ct. 1934 (2014). Robert M. Fast pled guilty to receiving and distributing child pornography in violation of 18 U.S.C. § 2252A(a)(2). Vicky challenged the district court’s restitution order. This court dismissed her appeal, finding that the defendant must “proximately cause the victim’s losses.” Vicky, Child Pornography Victim v. Fast, 709 F.3d 712, 721 (8th Cir. 2013). The Supreme Court vacated this court’s judgment and remanded for further consideration in light of Paroline v. United States, 134 S. Ct. 1710 (2014). In Paroline, the Court found that 18 U.S.C. § 2259 requires “restitution in an amount that comports with the defendant’s relative role in the causal process that underlies the victim’s general losses.” Paroline, 134 S. Ct. at 1727.

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The case is remanded to the district court for further consideration in light of Paroline. ______________________________

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