Wright v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
12-8505 5th Cir. Not Argued Apr 28, 2014 TBD TBD OT 2013

Issue: Whether, under the Mandatory Restitution for Sexual Exploitation of Children Statute, 18 U.S.C. § 2259, (1) the victim’s losses must be proximately caused by the defendant’s offense conduct to qualify for restitution under § 2259; (2) the restitution is limited to those losses caused by the conduct underlying the offense of conviction, as required by Hughey v. United States; (3) the conduct underlying the petitioner’s offense of conviction – possessing at least one of the victim’s images by downloading it from the Internet onto his computer without the victim’s knowledge – satisfy the causal connection required for the imposition of $529,611 in restitution; 18 U.S.C. § 3664(h) authorizes the imposition of joint and several liability for restitution on unrelated defendants in different cases in different judicial districts, and can the mechanism of joint and several liability be used to avoid determining the specific loss caused by the specific possessor of child pornography.

Judgment: Vacated and remanded on April 28, 2014.

DateProceedings and Orders
Jan 31 2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2013)
Feb 27 2013Order extending time to file response to petition to and including April 3, 2013.
Mar 20 2013Order further extending time to file response to petition to and including May 8, 2013.
May 8 2013Brief of respondent United States in opposition filed. VIDED.
May 8 2013Supplemental brief of petitioner Michael Wright filed. VIDED.
May 15 2013Letter of May 15, 2013, from Solicitor General received. (VIDED)
May 20 2013Reply of petitioner Michael Wright filed. VIDED. (Distributed)
May 21 2013DISTRIBUTED for Conference of June 6, 2013.
Jun 10 2013DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 25 2013DISTRIBUTED for Conference of June 26, 2013.
Apr 23 2014DISTRIBUTED for Conference of April 25, 2014.
Apr 28 2014Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Paroline v. United States, 572 U. S. ___ (2014).
May 30 2014JUDGMENT ISSUED.
 
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