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IN RE UNKNOWN

Nos. 09-41238, 09-41254 and 09-31215.

697 F.3d 306 (2012)

In re Amy UNKNOWN, Petitioner. United States of America, Plaintiff-Appellee, Doyle Randall Paroline, Defendant-Appellee, v. Amy Unknown, Movant-Appellant. United States of America, Plaintiff-Appellee, v. Michael Wright, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 1, 2012.

Attorney(s) appearing for the Case

James R. Marsh , Marsh Law Firm, White Plains, NY, Paul G. Cassell (argued), Salt Lake City, UT, for Petitioner.

Stanley G. Schneider , Schneider & McKinney, P.C., Houston, TX, Fred Rimes Files, Jr. , Bain, Files, Jarrett, Bain & Harrison, Tyler, TX, for Defendant-Appellee.

Amanda Louise Griffith , Asst. U.S. Atty., Plano, TX, Michael A. Rotker (argued), U.S. Dept. of Justice, Crim. Div., Washington, DC, William D. Baldwin , Traci Lynne Kenner , Asst. U.S. Attys., Tyler, TX, Brian Marshall Klebba , Diane Hollenshead Copes , James R. Mann , Asst. U.S. Attys., New Orleans, LA, for Plaintiff-Appellee.

Robin Elise Schulberg (argued), Covington, LA, Roma Ajubita Kent , Asst. Fed. Pub. Def., Virginia Laughlin Schlueter , Fed. Pub. Def., Fed. Pub. Defender's Office, New Orleans, LA, for Defendant-Appellant.

EMILIO M. GARZA, Circuit Judge, joined by CARL E. STEWART, Chief Judge, and E. GRADY JOLLY, EDITH H. JONES, EDITH BROWN CLEMENT, PRADO, OWEN, JENNIFER WALKER ELROD and HAYNES, Circuit Judges:

The issue presented to the en banc court is whether 18 U.S.C. § 2259 requires a district court to find that a defendant's criminal acts proximately caused a crime victim's losses before the district court may order restitution, even though that statute only contains a "proximate result" requirement in § 2259(b)(3)(F). All our sister circuits that have addressed this question have expanded the meaning of § 2259(b)(3)(F) to apply to all losses under § 2259...

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