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U.S. v. BURGESS

No. 09-4584.

684 F.3d 445 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Albert Charles BURGESS, Jr., Defendant-Appellant. Vicky, Child Pornography Victim, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: July 11, 2012.

Attorney(s) appearing for the Case

ARGUED: James Stephens Weidner, Jr. , James S. Weidner, Jr. Attorney, Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. Paul George Cassell , University of Utah College of Law, Salt Lake City, Utah, for Amicus Curiae. ON BRIEF: Lisa S. Costner , Lisa S. Costner, P.A., Winston-Salem, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee. James R. Marsh , Marsh Law Firm PLLC, White Plains, New York; Carol L. Hepburn , Carol L. Hepburn PS, Seattle, Washington, for Amicus Curiae.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KEENAN wrote the opinion, in which Judge WYNN joined. Judge GREGORY wrote a separate opinion concurring in part, dissenting in part, and concurring in the judgment.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

A jury convicted Albert C. Burgess, Jr., of two felonies involving the receipt and possession of materials depicting minors engaged in sexually explicit conduct. The district court sentenced Burgess to a term of 292 months' imprisonment, and to supervised release for life. The district court also ordered that Burgess pay, among other things, restitution of $305,219.86 under the Mandatory Restitution for Sexual...

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