Usav.David Rothenberg
David Rothenberg pleaded guilty to possessing child pornography, and the district court ordered him to pay restitution to nine victims whose abuse appeared in images he possessed. Rothenberg argued that the court had to separate losses caused by the original abuser, distributors, and later possessors, and that the evidence did not support several awards. The Eleventh Circuit affirmed restitution for eight victims but vacated the award for one victim and remanded. It held that the district court was not required to calculate and disaggregate each victim’s total losses among every participant in the distribution chain. The government nevertheless had to prove a reasonable estimate of the amount attributable to Rothenberg through reliable evidence. The evidence supported the awards for eight victims, but did not adequately support the award for Jenny. On remand, she could supplement the record, and the district court had to determine the portion of her losses attributable to Rothenberg under the governing factors. The lengthy published opinion is notable for applying restitution principles to possession-only child-pornography offenses and for balancing victim compensation against individualized proof of causation.
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