D.C. Circuit: Child Pornography Victim Owed More Restitution

The BLT: The Blog of LegalTimes

A victim in a child pornography case who is seeking nearly $3.3 million in restitution from the man caught with an image of her will get a second chance to try to convince a federal trial judge in Washington to award more than the $5,000 in compensation that was initially ordered.

The U.S. Court of Appeals for the D.C. Circuit today vacated the trial judge's "nominal" $5,000 restitution award and sent the case back to the U.S. District Court for the District of Columbia for further proceedings.

Cassell, a lawyer for the victim, said this afternoon that the D.C. Circuit decision widens the divide among federal appellate courts over issues concerning the rights of crime victims. Among other things, Cassell said the decision places an "impossible burden" on crime victims and federal trial judges to sort out the cause of a victim's harm.

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