United States v. Kearney
2012 U.S. App. LEXIS 4146
| 1st Cir. | 2012Background
- Kearney pleaded guilty to seventeen counts involving child pornography transported, distributed, and possessed via the internet.
- An undercover operation identified Kearney through IP address 68.116.165.4, linked to MySpace and Yahoo accounts used to transmit images.
- Affidavits tied the dynamic IP address to the accounts during May 2008, supporting probable cause for a warrant at 11 Morgan Drive, North Grafton, MA.
- Warrant execution revealed numerous computers; Kearney admitted knowledge and possession of child pornography and the officers recovered evidence.
- At sentencing, the district court ordered restitution under §2259 for victim Vicky at $3,800, based on government’s proposed figure, while Vicky sought much higher sums.
- Kearney challenged both suppression of the search and restitution, which the district court denied; he preserved the suppression issue for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit established probable cause with dynamic IP. | Kearney contends dynamic IP breaks link to accounts. | Kearney contends lack of tying IP to accounts on May 21–22. | Probable cause established; affidavit read reasonably supported linkage. |
| Whether Vicky qualifies as a victim under §2259(c). | Vicky is a victim depicted in the child pornography, suffering harm. | Kearney argues no direct/proximate harm to Vicky under statute. | Vicky is a victim under §2259(c); she suffered cognizable harm. |
| Whether there is proximate causation between Kearney's conduct and the losses claimed by Vicky. | Losses are proximately caused by the distribution and viewing of her images. | Causation should be more tightly tied to particular defendants or but-for link. | Proximate causation satisfied; aggregate impact and foreseeability support restitution. |
| Whether the $3,800 restitution amount is reasonable and properly calculated. | Court should award at least $3,800, proportionate to losses. | Amount is excessive given multiple contributors and lack of precise linkage to Kearney. | District court’s $3,800 figure affirmed as reasonable and proportionate. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause exists with fair probability of finding evidence)
- New York v. Ferber, 458 U.S. 747 (1982) (child porn as permanent record; ongoing harm through dissemination)
- United States v. Williams, 553 U.S. 285 (2008) (continued harm from child porn dissemination)
- Osborne v. Ohio, 495 U.S. 103 (1990) (child pornography records victimization; continuing harm)
- United States v. Kennedy, 643 F.3d 1251 (9th Cir. 2011) (victim status and proximate causation under §2259)
- United States v. Monzel, 641 F.3d 528 (D.C. Cir. 2011) (proximate causation and losses under §2259)
- United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012) (victim status and proximate causation under §2259)
- United States v. Aumais, 656 F.3d 147 (2d Cir. 2011) (victim status under §2259)
- In re Amy Unknown, 636 F.3d 190 (5th Cir. 2011) (victim status and proximate causation under §2259)
- United States v. McDaniel, 631 F.3d 1204 (11th Cir. 2011) (proximate causation and restitution framework)
- United States v. Vaknin, 112 F.3d 579 (1st Cir. 1997) (causation concepts in restitution context)
- United States v. Evers, 669 F.3d 645 (6th Cir. 2012) (proximate causation and victim recovery under §2259)