United States District Court, D. New Jersey
Justin C. Danilewitz, Diana V. Carrig, Office of the U.S. Attorney, District of New Jersey, Camden, NJ, Attorneys for the Government.
Peter A. Levin, Philadelphia, PA, Attorney for Defendant.
RENÉE MARIE BUMB, District Judge.
This matter comes before the Court for a determination of the appropriate award of mandatory restitution pursuant to 18 U.S.C.A. § 2259. On October 1, 2013, Defendant Bryan Jacobs (the "Defendant") pled guilty to Count Six of the Superseding Indictment, which charged Defendant with receipt of child pornography from a minor hereinafter referred to as "CV1" on November 30, 2008 in violation of 18 U.S.C.A. § 2252A(a)(2)(A) and (b)(1). (See Dkt. Ents. 41, 77.) On May 28, 2014, this Court sentenced Defendant to the statutory maximum term of 20 years' imprisonment with 15 years' supervised release. The Court also scheduled a restitution hearing for July 15, 2014. (Dkt. Ent. 83.) On July 10, 2014, the parties requested that this Court adjourn the proceedings so as to "afford the parties sufficient opportunity to gather evidence and brief the restitution issue more fully." (Dkt. Ent. 88.) The Court adjourned the hearing to August 7, 2014. (Dkt. Ent. 89.)
Pursuant to § 2259, Defendant must pay the "victim" of a Chapter 110 offense, which includes the charge to which Defendant pled guilty, "the full amount of the victim's losses as determined by the court." 18 U.S.C.A. § 2259(b)(1). A "victim" means "the individual harmed as a result of a commission of a crime under this chapter...." § 2259(c).
The parties agree that restitution is limited to the specific conduct that forms the basis for the "offense of conviction, " and does not include other relevant conduct that is not clearly caused by the offense of conviction. (Gov.'s Mem. at 5-8 (citing Hughey v. United States , 495 U.S. 411, 413 (1990)); Def.'s Mem. at 1; see also Aug. 7, 2014 Tr. 3:8-23.) Accordingly, because the offense of conviction here, Count Six, relates solely to possession of an image of CV1, the parties agree that CV1 is the only cognizable victim to whom restitution should be awarded.
The "full amount of the victim's losses" includes
(A) medical services relating to physical, psychiatric, or psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child care expenses;
(D) lost income;
(E) attorneys' fees, as well as other costs incurred; and
(F) any other losses suffered by the victim as a proximate result of the offense.
§ 2259(b)(3). The Government bears the burden of proving the amount of loss by a preponderance of the evidence. See 18 U.S.C.A. § 3664. Restitution may be awarded "only to the extent the defendant's offense proximately caused a victim's losses." Paroline v. U.S. , 134 S.Ct. 1710, 1722 (2014). "But the victim's costs of treatment and lost income resulting from the trauma of knowing that images of [his] abuse are being viewed over and over are direct and foreseeable ...