560 F. App'x 2
D.C. Cir.2014Background
- Hunt pled guilty to one count of production of child pornography under 18 U.S.C. § 2251(a) and two counts of first-degree child sexual abuse under D.C. Code §§ 22-3008, 22-3020(a)(1)-(2).
- District court sentenced Hunt to 325 years’ imprisonment and ordered restitution of $170,889 pursuant to a plea agreement under Fed. R. Crim. P. 11(c)(1)(C).
- Hunt challenges the restitution order's validity on Eighth Amendment grounds for lack of a sufficient factual basis.
- Government notes Hunt proposed the restitution figure; the district court relied on an expert report to document recoverable costs.
- Hunt raises additional arguments including ineffective assistance of counsel; the court treats some arguments as frivolous and analyzes the ineffective-assistance claim on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution violates the Eighth Amendment due to lack of factual basis | Hunt; insufficient factual basis for $170,889 | Government; Hunt proposed amount and court approved; basis exists | No plain error; potential waiver; restitution properly based on recoverable costs. |
| Whether Hunt received ineffective assistance of counsel | Hunt; counsel deficient | No prejudice; unlikely trial would have yielded different outcome | Record shows no reasonable probability of different result; no relief warranted. |
| Whether the restitution order breached the plea agreement | N/A | Restitution does not breach; plea did not specify restitution terms | No breach; statutory restitution supported by record. |
Key Cases Cited
- United States v. Bryant, 523 F.3d 349 (D.C. Cir. 2008) (restitution considerations and evidentiary basis for costs under §2259)
- Wagner v. Taylor, 836 F.2d 596 (D.C. Cir. 1987) (waiver of appellate errors induced by the defendant)
- United States v. Sutton, 801 F.2d 1346 (D.C. Cir. 1986) (criminal-law waiver principles applied to restitution/plea)
- Hill v. Lockhart, 474 U.S. 52 (1985) (standard for prejudice in ineffective-assistance claims)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes probability standard for prejudice in counsel ineffectiveness)