Legal Opinion
United States v. Kennedy
Court of Appeals for the Ninth Circuit
Decided July 11, 2011No. 10-30065PublishedCited by 51 opinions
1Opinion of the Court
OPINION
IKUTA, Circuit Judge:
Joshua Osmun Kennedy was convicted by a jury of possessing and transporting child pornography. He appeals his conviction, his sentence, and the district court’s order directing him to pay $65,000 in restitution to two victims. We affirm Kennedy’s conviction and sentence. Because the government failed to carry its burden of proving that Kennedy’s offense conduct proximately caused the losses incurred by the victims, we vacate the restitution order.
I
On November 9, 2007, Kennedy arrived at Sea-Tac Airport from an overseas trip. After a secondary inspection of his…
2Cases cited44 opinions
- Old Chief v. United StatesSupreme Court of the United States · 1997
- New York v. FerberSupreme Court of the United States · 1982
- Ashcroft v. Free Speech CoalitionSupreme Court of the United States · 2002
- United States v. StoterauCourt of Appeals for the Ninth Circuit · 2008
- UNITED STATES of America, Plaintiff-Appellee, v. James E. KESSI, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1989
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3Cited by51 opinions
- Paroline v. United StatesSupreme Court of the United States · 2014
- United States v. BenoitCourt of Appeals for the Tenth Circuit · 2013
- United States v. EversCourt of Appeals for the Sixth Circuit · 2012
- United States v. KearneyCourt of Appeals for the First Circuit · 2012
- United States v. Albert Burgess, Jr.Court of Appeals for the Fourth Circuit · 2012
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