United States v. Robert White

MEMORANDUM

Robert Lewis White pleaded guilty to distributing and receiving child pornography and was ordered to pay restitution pursuant to 18 U.S.C. § 2259 . We have jurisdiction under 28 U.S.C. § 1291 . “We review de novo the legality of a restitution order and, if the order is within the statutory bounds, we review the amount of restitution for abuse of discretion. We review for clear error factual findings supporting an order of restitution.” United States v. Golan, 804 F.3d 1287, 1289 (9th Cir. 2015) (internal citations omitted).

White is required to pay restitution for “any costs incurred by the victim,” including medical services relating to physical, psychiatric, or psychological care and attorneys’ fees, 18 U.S.C. § 2259 (b)(3), where those losses were proximately caused by his offense. Paroline v. United States, — U.S. -, 134 S.Ct. 1710, 1722 , 188 L.Ed.2d 714 (2014). The government must provide sufficient evidence for the court to estimate the full amount of those losses with “ ‘some reasonable certainty.’ ” United States v. Kennedy, 643 F.3d 1251, 1261 (9th Cir. 2011) (quoting United States v. Doe, 488 F.3d 1154, 1160 (9th Cir. 2007)). We reject White’s argument that…