United States District Court, S.D. California
WILLIAM Q. HAYES, District Judge.
The matter before the Court is the opposition of the Defendant to an award of restitution pursuant to 18 U.S.C. §2259 to four individuals. (ECF No. 37).
On April 17, 2014, Defendant entered a plea of guilty to one count of possession of matters containing images of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. §2252(a)(4). In the factual basis for the plea, Defendant admitted that the following facts are true and undisputed:
1. That on or about July 31, 2012, while in the Southern District of California, defendant knowingly possessed visual depictions of minors engaged in sexually explicit conduct using a file-sharing program, including a video file titled "(PussyCock-In-W-Tire) Playtoy 8-11Yr.mpg", a video file about 1 minutes and 30 seconds long that depicts a prepubescent minor with her ankles bound being vaginally and anally penetrated by an adult male;
2. The defendant knew the visual depictions contained in the matters showed minors engaged in sexually explicit conduct;
3. The defendant knew that production of such visual depictions involved use of a minor in sexually explicit conduct; and
4. That the visual depictions had been mailed, shipped, or transported using any means or facility of interstate and foreign commerce and in and affecting interstate and foreign commerce or produced using material(s) that had been mailed, shipped, or transported in interstate or foreign commerce, including by computer.
5. Defendant also possessed on a computer and several external hard drives with other images of minors engaged in sexually explicit conduct.
(ECF No. 24 at 4). Defendant agreed in the Plea Agreement that "if restitution is ordered by the Court under 18 U.S.C. § 2259, the amount of restitution shall include defendant's total offense conduct, and is not limited to count(s) of conviction." Id. at 11.
Four individuals have filed claims seeking restitution for losses pursuant to 18 U.S.C. § 2259 from the Defendant. Angela requests restitution between $12, 100.00 and $16, 520.00. Cindy requests restitution of $8, 000.00. Amy/Misty, requests restitution of $27, 500.00. Andy/SpongeB requests restitution of $58, 000.00. Each individual has filed extensive materials in support of the request for restitution. (ECF No. 36). The addendum to the presentence report details the claims of each individual. (ECF No. 34).
The Government requests that the Court order restitution in the amount of $5, 000.00 for each victim. Defendant asserts that the evidence and material fail to provide the Court with sufficient information to determine a loss attributable to his conduct in this case, that the loss amounts are overstated, and that there is no evidence Defendant caused any direct harm to any of the individuals.
18 U.S.C. § 2259(b)(4) provides that restitution is mandatory for all offenses involving sexual exploitation of a child. 18 U.S.C. § 2259(b)(4) ("The issuance of a restitution order under this section is mandatory."). A victim is defined to include "the individual harmed as a result of a commission of the crime under this chapter, ..." 18 U.S.C. § 2259(c). Restitution is required for the "full amount of the victim's losses." 18 U.S.C. § 2259(b)(1). Section 2259(b)(3) provides:
For purposes of this subsection, the term "full amount of the victim's losses" includes any costs incurred by the victim for-
(A) medical services relating to physical, psychiatric, or ...