Paroline v. United States

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Paroline v. United States

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-8561	5th Cir.	Jan 22, 2014 Tr.Aud.	Apr 23, 2014	5-4	Kennedy	OT 2013

Holding: Restitution to the respondent, who was sexually abused as a young girl to produce child pornography, is proper under 18 U.S.C. § 2259 only to the extent the defendant, who pleaded guilty to possessing images of child porn, including two images of the respondent, was the proximate cause of the victim's losses. Victims should be compensated and defendants should be held accountable for the impact of their conduct on those victims, but defendants should only be made liable for the consequences and gravity of their own conduct, not the conduct of others.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kennedy on April 23, 2014. Chief Justice Roberts filed a dissenting opinion, in which Justice Scalia and Justice Thomas joined. Justice Sotomayor also filed a dissenting opinion.

Opinion analysis: Dividing the duty to pay for child porn (Lyle Denniston)
Post-argument debate on Paroline (Lyle Denniston)
Court calls for new briefs on child porn (UPDATED) (Lyle Denniston)
Argument recap: Sorting out the blame (Lyle Denniston)
Argument preview: Paying a price for child porn (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Jan 31 2013	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2013)
Feb 27 2013	Order extending time to file response to petition to and including April 8, 2013.
Mar 20 2013	Order further extending time to file response to petition to and including May 8, 2013, for all respondents.
Apr 24 2013	Response to petition from respondent Amy filed. (Printed Brief)
May 8 2013	Brief of respondent United States in opposition filed. VIDED.
May 8 2013	Supplemental brief of respondent Michael Wright filed. VIDED.
May 15 2013	Letter of May 15, 2013, from Solicitor General received. (VIDED)
May 20 2013	Reply of respondent Michael Wright filed. VIDED. (Distributed)
May 20 2013	Reply of petitioner Doyle Randall Paroline filed. (Distributed)
May 21 2013	DISTRIBUTED for Conference of June 6, 2013.
Jun 10 2013	The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 1, 2013, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
Jun 10 2013	Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
Jun 17 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013	Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner GRANTED. The order entered June 10, 2013, is vacated.
Jun 25 2013	DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013	Motion to proceed in forma pauperis is granted. The petition for a writ of certiorari GRANTED limited to the following question: What, if any, causal relationship or nexus between the defendant's conduct and the victim's harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. Sec. 2259?.
Jul 19 2013	Motion to appoint counsel filed by petitioner Doyle Randall Paroline.
Jul 24 2013	Motion DISTRIBUTED for Conference of September 30, 2013.
Jul 26 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 19, 2013.
Jul 26 2013	The time to file respondent United State's brief on the merits is extended to and including September 27, 2013.
Jul 26 2013	The time to file respondent Amy's brief on the merits is extended to and including November 13, 2013.
Aug 19 2013	Brief of respondent Michael Wright in support of petitioner filed.
Aug 19 2013	Joint appendix filed. (Two Volumes) (Statement of costs filed)
Aug 19 2013	Brief of petitioner Doyle Randall Paroline filed.
Sep 3 2013	Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for respondent Amy.
Sep 5 2013	Letter from counsel for Amy and Michael Wright received.
Sep 6 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Wright.
Sep 6 2013	Consent to the filing of amicus curiae briefs in support of either party, or neither party, received from counsel for petitioner.
Sep 6 2013	Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent United States.
Sep 27 2013	Brief of respondent United States filed.
Oct 7 2013	Motion to appoint counsel filed by petitioner GRANTED. Stanley G. Schneider, Esquire, of Houston, Texas, is appointed to serve as counsel for the petitioner in this case.
Nov 4 2013	SET FOR ARGUMENT ON Wednesday, January 22, 2014.
Nov 5 2013	CIRCULATED
Nov 13 2013	Brief of respondent Amy Unknown filed (Reprinted). (Distributed)
Nov 19 2013	Brief amicus curiae of American Professional Society on the Abuse of Children filed. (Distributed)
Nov 19 2013	Brief amici curiae of National Crime Victim Bar Association, et al. filed. (Distributed)
Nov 19 2013	Brief amici curiae of Women's and Children's Advocacy Project, and Justice for Children filed. (Distributed)
Nov 19 2013	Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed)
Nov 19 2013	Motion for leave to file amici brief out of time filed by Professors Adam Lamparello and Charles McClean in support of neither party. (Distributed).
Nov 20 2013	Brief amicus curiae of National District Attorneys Association filed. (Distributed)
Nov 20 2013	Brief amicus curiae of National Center for Missing and Exploited Children filed. (Distributed)
Nov 20 2013	Brief amici curiae of "Vicky" and "Andy" filed. (Distributed)
Nov 20 2013	Brief amicus curiae of ECPAT International filed. (Distributed)
Nov 20 2013	Brief amici curiae of Domestic Violence Legal Empowerment and Appeals Project, et al. filed. (Distributed)
Nov 20 2013	Brief amici curiae of United States Senators Orrin G. Hatch, et al. filed. (Distributed)
Nov 20 2013	Brief amicus curiae of Dutch National Rapporteur on Trafficking in Human Beings and Sexual Violence Against Children filed. (Distributed)
Nov 20 2013	Brief amicus curiae of National Association to Protect Children filed. (Distributed)
Nov 20 2013	Brief amici curiae of Washington, et al. filed. (Distributed)
Nov 20 2013	Brief amici curiae of National Crime Victim Law Institute, et al. filed. (Distributed)
Nov 21 2013	Motion for divided argument filed by respondent United States.
Dec 9 2013	Motion for divided argument filed by respondent GRANTED.
Dec 9 2013	Motion for leave to file amici brief filed by Professors Adam Lamparello, and Charles McClean in support of neither party out of time DENIED.
Dec 12 2013	Reply of petitioner Doyle Randall Paroline filed. (Distributed)
Dec 13 2013	Application (13A612) to extend the time to file the reply brief on the merits of the United States from December 13, 2013 to December 18, 2013, submitted to Justice Scalia.
Dec 13 2013	Application (13A612) granted by Justice Scalia extending the time to file until December 18, 2013.
Dec 18 2013	Reply of respondent United States filed. (Distributed)
Dec 18 2013	Proposal from the Solicitor General to lodge copies of a spreadsheet referenced in their reply brief on the merits.
Dec 19 2013	Record received from U.S.C.A. 5th Circuit. The record is electronic and located on PACER.
Dec 23 2013	Lodging proposal approved.
Dec 23 2013	20 copies of a spreadsheet lodged by the Solicitor General.
Jan 22 2014	Argued. For petitioner: Stanley G. Schneider, Houston, Tex. For respondent United States in support of petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, D. C. For respondent Amy: Paul G. Cassell, Salt Lake City, Utah.
Jan 29 2014	Letter from counsel for the petitioner filed. (Distributed)
Feb 11 2014	Motion to file a supplemental brief after argument filed by respondent Amy Unknown.
Feb 19 2014	Response of United States to respondent Amy Unknown's motion to file a supplemental brief after argument.
Feb 21 2014	Motion to file a supplemental brief after argument filed by respondent Amy Unknown GRANTED. The other parties may file supplemental briefs, not to exceed 3,000 words each, addressing the effect of our decision in Burrage v. United States, 571 U.S. __ (2014), on this case, on or before Friday, March 7, 2014
Mar 7 2014	Supplemental brief of respondent United States filed. (Distributed)
Mar 7 2014	Supplemental brief of petitioner Doyle Randall Paroline filed. (Distributed)
Apr 23 2014	Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined. Sotomayor, J., filed a dissenting opinion.
May 27 2014	JUDGMENT ISSUED.

Featured Posts

Monday at the Supreme Court: Four opinions and a GVR – SCOTUStalk

Opinion analysis: Virginia’s moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate – Emily Hammond

Justices send cake sequel back to state court – Amy Howe
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, we expect the Supreme Court to release opinions in one or more argued cases. The justices will meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
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On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	49
Summary reversals	5
Merits cases granted to date	74

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Conference

10
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13
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17
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