Request the
FREE Decision of the Week

MORE INFORMATION

The Bar Association of the Fifth Federal Circuit’s (BAFFC) goal is to improve and facilitate the administration of justice in the federal courts within the Fifth Circuit. Thousands of attorneys committed to raising the standards of proficiency and integrity in federal practice have joined our Association.

As an attorney in good standing with the bar of any American state or territory, you are eligible to become a member of the Bar Association of the Fifth Federal Circuit.

GET THE LATEST COMMENTARY ON 5TH CIRCUIT DECISIONS AND APPEALS

United States v. Leal No. 16-11330

http://www.ca5.uscourts.gov/opinions/pub/16/16-11330-CR0.pdf

Before DAVIS, HIGGINSON, and WILLETT, Circuit Judges.

AFFIRMED. (August 5, 2019).

Brandon Leal pleaded guilty to one count of transportation of child pornography in violation of 18 U.S.C. § 2252A(a)(1). The District Court sentenced him to 240 months imprisonment and ordered Leal to pay $58,415 in restitution to “Andy,” a victim depicted in Leal’s materials. On appeal, Leal sought to vacate the order of restitution, contending that it was imposed in violation of the proximate cause requirements described in Paroline v. United States, 572 U.S. 434 (2014). Affirming the judgment of the District Court, the Fifth Circuit holds that, under Paroline’s broad guidelines, Leal could not show plain error with respect to the $25,000 assessed for Andy’s general losses. And, as to the assessment for expert expenses, the Court does not perceive plain error that seriously affects the fairness, integrity, or public reputation of judicial proceedings.

On Appeal from the United States District Court for the Northern District of Texas (David C. Godbey).
Attorney for Appellant – Christopher Allen Curtis, Fort Worth, TX
Attorney for Appellee – Joseph Andrew Magliolo, Dallas, TX

GET THE COMMENTARY STRAIGHT TO YOUR INBOX

Receive full decision commentary daily in your inbox
for only $95 a year!