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Circuit Court upholds $500,000 restitution order

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A man who waived his right in plea negotiations to challenge his sentence or an order of restitution may not appeal the imposition of $533,000 in restitution to a victim depicted in child pornography, the 7th Circuit Court of Appeals held July 14.

In United States of America v. Nathaniel Josiah Worden, No. 10-3567, Nathaniel Worden, who pleaded guilty to one count of advertising child pornography, challenged that he pay restitution of nearly a half million dollars to victim “Amy.” In exchange for dropping three other charges, Worden pleaded guilty to the advertising charge and agreed to a comprehensive waiver of his appellate rights, including appealing a restitution order.  He was sentenced to 35 years in prison.

The government petitioned for the restitution under the Mandatory Restitution for Sexual Exploitation of Children Act about five months after Worden pleaded guilty. Worden argued that a psychologist’s testimony regarding Amy’s future treatment was too speculative to support the restitution award and there was no evidence that he had proximately caused Amy’s injury. The court ordered Worden to pay the full amount requested by the government.

The 7th Circuit concluded Worden waived his right to appeal the restitution order. Several times during his plea agreement hearing, he knowingly and voluntarily waived his right to appeal the restitution order. He believes that he should be able to appeal the amount he was ordered to pay. Several other Circuit courts have concluded that when a defendant waives his right to appeal his “sentence,” an appeal of restitution order falls with the scope of the waiver, wrote Judge Joan Humphrey Lefkow of the Northern District of Illinois, sitting by designation. Others have concluded that a defendant didn’t waive his right to appeal the amount by entering into an agreement that waives the right to appeal the “sentence” imposed.

But in this case, Worden waived his right to appeal the amount of restitution as well as the order itself. They also held because they didn’t reach the merits in this appeal, the judges don’t need to address the Circuit split arising from other cases involving whether the Mandatory Restitution for Sexual Exploitation of Children Act requires a showing of proximate causation.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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