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Circuit Split on Child Pornography Restitution

In Ninth Circuit today refused to order restitution for victims of child pornography, finding an insufficient causal connection between the defendant's conduct, possession and transporting kiddie porn, and the injury to the victims.  Today's decision is Amy & Vicky v. USDC, No. 12-73414.  The prior decision on the perpetrator's appeal is United States v. Kennedy, 643 F.3d 1251 (2011).

In today's case, Paul Cassell, representing the victims, asked the Ninth Circuit to reconsider its prior decision based on a contrary decision by the Fifth Circuit on October 1.  The three-judge panel cannot do that, and the request will have to go to the Court of Appeals en banc or the Supreme Court.

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