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In Re Sealed Case
403 U.S. App. D.C. 194
| D.C. Cir. | 2012
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Background

  • 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)
Read the full case

Case Details

Case Name: In Re Sealed Case
Court Name: Court of Appeals for the D.C. Circuit
Date Published: Dec 21, 2012
Citation: 403 U.S. App. D.C. 194
Docket Number: 11-3038
Court Abbreviation: D.C. Cir.