In Re Sealed Case
403 U.S. App. D.C. 194
| D.C. Cir. | 2012Background
- Appellant pleaded guilty to four counts of violating 18 U.S.C. § 1591 (Sex Trafficking of Children) following a plea agreement.
- District court ordered restitution totaling $3,892,055 to four victims after evidentiary hearings and expert testimony.
- Appellant challenged the restitution order, while the Government argued the waiver of appeal covered restitution.
- Missar prepared mental health assessments diagnosing PTSD and other issues, estimating lifelong treatment costs for each victim.
- Guardian ad litem submitted a restitution report; the district court ultimately set separate restitution for treatment and ill-gotten gains per victim.
- Court of Appeals held appellant did not waive appeal of restitution but affirmed the district court’s restitution calculations and awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the restitution appeal was waived | Government contends waiver covered restitution. | Appellant argues waiver did not include restitution amount appeal. | Waiver did not include restitution; appeal allowed. |
| Whether the district court abused its discretion in calculating restitution under MVRA | Restitution properly includes ill-gotten gains and losses proximate to the offense. | Calculation relied on unreliable testimony and preexisting trauma; discounts warranted. | District court's restitution awards affirmed; calculations within discretion and supported by evidence. |
Key Cases Cited
- United States v. Guillen, 561 F.3d 527 (D.C. Cir. 2009) (waiver of appeal must be knowing, intelligent, and voluntary)
- Brady v. United States, 397 U.S. 742 (Supreme Court 1970) (waivers must be knowing and voluntary)
- United States v. Accardi, 669 F.3d 340 (D.C. Cir. 2012) (plea colloquy explains consequences of waiver)
- United States v. Monzel, 641 F.3d 528 (D.C. Cir. 2011) (MVRA restitution proximate-cause principle; estimation allowed)
- In re Sealed Case, 246 F.3d 696 (D.C. Cir. 2001) (reliability required for evidence used at sentencing)
