U.S. v. GAMBLE

Nos. 11-5394, 11-5544.

709 F.3d 541 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. James D. GAMBLE (11-5394) and Shawn Crawford (11-5544), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 27, 2013.


Attorney(s) appearing for the Case

ARGUED: Laura E. Davis , Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellant in 11-5394. Leslie A. Cory , Ortwein & Cory, LLC, Chattanooga, Tennessee, for Appellant in 11-5544. Richard A. Friedman , United States Department of Justice, Washington, D.C., for Appellee in 11-5394 and 11-5544. Paul G. Cassell , S.J. Quinney College of Law at the University of Utah, Salt Lake City, Utah, for Amicus Curiae in 11-5394. ON BRIEF: Laura E. Davis , Federal Defender Services of Eastern Tennessee, Inc., Knoxville, Tennessee, Myrlene R. Marsa , Federal Defender Services of Eastern Tennessee, Inc., Chattanooga, Tennessee, for Appellant in 11-5394. Leslie A. Cory , Ortwein & Cory, LLC, Chattanooga, Tennessee, for Appellant in 11-5544. Richard A. Friedman , United States Department of Justice, Washington, D.C., John P. MacCoon , United States Attorney's Office, Chattanooga, Tennessee, for Appellee in 11-5394 and 11-5544. Anne-Marie Svolto , United States Attorney's Office, Chattanooga, Tennessee, for Appellee in 11-5544. Paul G. Cassell , S.J. Quinney College of Law at the University of Utah, Salt Lake City, Utah, James R. Marsh , Marsh Law Firm PLLC, White Plains, New York, Carol L. Hepburn , Carol L. Hepburn PS, Seattle, Washington, for Amici Curiae in 11-5394 and 11-5544.

ROGERS, J., delivered the opinion of the court in which MARBLEY, D.J., joined, and KETHLEDGE, J., joined in part. KETHLEDGE, J. (pp. 556-57), delivered a separate opinion concurring in all but part II.B of the majority's opinion and concurring in the judgment.


OPINION

ROGERS, Circuit Judge.

In unrelated child pornography convictions, both James Gamble and Shawn Crawford were ordered by their respective district courts to pay over $1,000,000 in restitution to "Vicky," the pseudonym of one of the individuals depicted in the images they possessed or received. Restitution was ordered jointly and severally under 18 U.S.C. § 2259, which makes restitution mandatory for "the full amount of the victim's losses" in...

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