DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
122752P.pdf 08/28/2014 Vicky v. United States
U.S. Court of Appeals Case No: 12-2752
and No: 12-2769
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Per Curiam - Before Murphy, Benton and Shepherd, Circuit
Judges]
Criminal case - Criminal law. On remand from the Supreme Court of the
United States, see Vicky, Child Pornography Victim v. Fast, 134 S.Ct. 1934
(2104). Remanded to the United States District Court for further
consideration in light of Paroline v. United States, 134 S. Ct. 1710
(2014).
122752P.pdf 03/11/2013 Vicky v. United States
U.S. Court of Appeals Case No: 12-2752
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit Judges]
Criminal case - Criminal law. For the court's prior opinion in the
matter, see United States v. Fast, No. 11-3455 (8th Cir. May 15, 2012).
Vicky, the pseudonym of a child-pornography victim whose images
appeared on defendant Fast's computer, did not have standing as a
nonparty to appeal the restitution award imposed by the district court;
Vicky could proceed by mandamus; considering her writ petition, the
district court did not err in determining that proximate cause is required
for each element of restitution under 18 U.S.C. Sec. 2259 or in requiring
defendant to pay restitution in the amount of $3,333; Vicky was not
entitled to restitution in the amount of $952,791, her next documented
losses to date, as not all of that amount was clearly and indisputably
traceable to defendant's crime. Judge Shepherd, concurring in part and
dissenting in part.