U.S. Court of Appeals for the Fifth Circuit, 2014

United States v. Tommy Daniel

United States v. Tommy Daniel
U.S. Court of Appeals for the Fifth Circuit · Decided June 12, 2014 · Davis, Barksdale, Elrod
571 F. App'x 340

United States v. Tommy Daniel

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

On appeal, Tommy Dale Daniel challenged the judgment in two respects: his convictions for possession of child pornography; and the ordered restitution. Our court affirmed. United States v. Daniel, 532 Fed.Appx. 522 (5th Cir. 2013).

The Supreme Court vacated our judgment and remanded for further consideration in the light of Paroline v. United States, — U.S. -, 134 S.Ct. 1710, 188 L.Ed.2d 714 (2014), which held 18 U.S.C. § 2259 requires “restitution in an amount that comports with the defendant’s relative role in the causal process that underlies the victim’s general losses”, id. at 1727.

Accordingly, we VACATE only the ordered restitution, and, for that issue, REMAND for proceedings consistent with the Supreme Court’s opinion in Paroline. The balance of the judgment remains AFFIRMED.

AFFIRMED IN PART; VACATED and REMANDED IN PART.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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