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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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