Paroline v. United States

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Paroline v. United States

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Conference of May 16, 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.

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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
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