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United States v. Wencewicz

United States District Court, D. Montana, Missoula Division

October 24, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
PAUL WENCEWICZ, SCOTT LONG, STEVE HUMISTON, PHILLIP MORRIS, TONY BRONSON, JEFFREY WOOLLEY, CHARLES CROSBY, JOHN JOHNSON, JOSEPH PURIFICADO, IAN NOSEK, JOSHUA PETERSEN, STEVEN GROVO, and ROBERT LEE KRISE, Defendants

Page 1239

For Paul Wencewicz, Defendant: Andrew J. Nelson, LEAD ATTORNEY, FEDERAL DEFENDERS OF MONTANA - Missoula Branch, Missoula, MT.

For Scott Long, Defendant: Colin M. Stephens, LEAD ATTORNEY, Smith & Stephens, P.C., Missoula, MT.

For Steve Humiston, Defendant: Megan L. Dishong, LEAD ATTORNEY, GARLINGTON LOHN & ROBINSON, Missoula, MT.

For Phillip Morris, Defendant: Johnna K. Baffa, LEAD ATTORNEY, VAN DE WETERING & BAFFA, Missoula, MT.

For Tony Bronson, Defendant: Lisa B. Kauffman, LEAD ATTORNEY, Attorney at Law, Missoula, MT.

For Jeffrey Woolley, Defendant: Peter F. Lacny, LEAD ATTORNEY, DATSOPOULOS MacDONALD & LIND, Missoula, MT.

For Charles Crosby, Defendant: Dwight J. Schulte, LEAD ATTORNEY, SCHULTE LAW FIRM, Missoula, MT.

For John Johnson, Defendant: Eric Ryan Henkel, LEAD ATTORNEY, REEP BELL & LAIRD, Missoula, MT.

For Joseph Purificato, Defendant: Wendy Holton, LEAD ATTORNEY, HOLTON LAW FIRM, Helena, MT.

For USA, Plaintiff: Cyndee L. Peterson, LEAD ATTORNEY, U.S. Attorney's Office, Missoula, MT; Maureen C. Cain, LEAD ATTORNEY, U.S. DEPART OF JUSTICE, Child Exploitation and Obscenity Section, Washington, DC.

Page 1240

OPINION AND ORDER ON RESTITUTION

Donald W. Molloy, United States District Judge.

Legal Standard

" Enacted as a component of the Violence Against Women Act of 1994, [18 U.S.C.] § 2259 requires district courts to award restitution for certain federal criminal offenses," including offenses involving child pornography. Paroline v. United States, __ U.S. __, 134 S.Ct. 1710, 1716, 188 L.Ed.2d 714 (2014). Section 2259 requires district courts to order defendants " to pay the victim . . . the full amount of the victim's losses as determined by the court" and expressly states that " [t]he issuance of a restitution order under this section is mandatory." 18 U.S.C. § 2259(b)(1), (b)(4)(A). The statute defines the phrase " full amount of the victim's losses" to include:

any costs incurred by the victim for--
(A) medical services relating to physical, psychiatric, or psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child care expenses;
(D) lost income;
(E) attorneys' fees, as well as other costs incurred; and
(F) any other losses suffered by the victim as a proximate ...

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