United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
C. NYE U.S. DISTRICT COURT JUDGE.
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.
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.
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.
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
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
(B) physical and occupational therapy or rehabilitation;
(C) necessary transportation, temporary housing, and child