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United States v. Padilla

United States District Court, D. Idaho

September 13, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ALFREDO PADILLA, Defendant.

          MEMORANDUM DECISION AND ORDER

          DAVID C. NYE U.S. DISTRICT COURT JUDGE.

         I. OVERVIEW

         This matter comes before the Court on the matter of restitution. The Defendant, Alfredo Padilla, objects to the amount of restitution requested by the Government. On May 8, 2018, the Court heard oral argument and testimony on restitution and took the matter under advisement. For the reasons outlined below, the Court GRANTS restitution in the amount of $32, 884.80.

         II. BACKGROUND

         On May 23, 2017, the Government charged Padilla by Indictment with one Count of Sexual Exploitation of a Minor, in violation of 18 U.S.C. § 2251(a) and (e). The Indictment stemmed from allegations that Padilla did knowingly persuade, entice, or coerce a minor female victim (hereinafter referred to as “Jane Doe”) into taking pictures of herself in the nude-specifically her vagina, vaginal areas, and breasts.

         On September 22, 2017, a Plea Agreement was filed with the Court. As part of that Plea Agreement, Padilla agreed to pay restitution to the victim in an amount to be stipulated to by the parties or determined by the Court.

         On October 30, 2017, Padilla pled guilty to Count One of the Indictment and was subsequently sentenced on March 12, 2018, to 180 months incarceration, followed by a lifetime term of supervised release.

         III. LEGAL STANDARD

         The Mandatory Restitution Statute, 18 U.S.C. § 2259, requires restitution for offenses involving sexual exploitation and other abuse of children. United States v. Kennedy, 643 F.3d 1251 (9th Cir. 2011). “The order of restitution must ‘direct the defendant to pay the victim . . . the full amount of the victim's losses.'” Id. (quoting § 2259(b)(1)). Section 2259 defines the phrase “full amount of the victim's losses” as follows:

“[F]ull amount of the victim's losses” includes any costs incurred by the victim for -
(A) medical services relating to physical, psychiatric, or psychological care;
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child ...

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