United States District Court, E.D. Virginia, Alexandria Division
Ellis, III United States District Judge
a 3-day jury trial, Defendant Logan McCauley was convicted of
one count of production of child pornography, in violation of
18 U.S.C. § 2251(a) & (e). On April 26, 2019, a
fifteen (15) year sentence of incarceration was imposed on
defendant - the mandatory minimum for his offense - as well
as a five-year term of supervised release. At the time of
sentencing, the government was not prepared to establish what
losses defendant's criminal conduct caused the victim-
issue now is the government's motion for restitution of
$58, 453.50 on behalf of N.C. Defendant opposes the
imposition of restitution. Although the government's
request for restitution is well beyond the 90-day deadline
imposed by 18 U.S.C. § 3664(e), determining the amount
of restitution proximately caused by defendant's offense
is appropriate based on the Supreme Court's holding in
Dolan v. United States, 560 U.S. 605 (2010). The
government has not, however, satisfied its burden of
establishing that the $58, 453.50 in medical expenses that
N.C. has incurred were proximately caused by defendant's
offense. Accordingly, for the reasons set forth below and for
the reasons stated from the bench at the January 10, 2020
hearing, the government's motion must be denied, and no
restitution will be imposed.
facts regarding this criminal prosecution are appropriately
drawn from the presentence investigation report adopted by
the Court and the parties' submissions regarding
In 2017, N.C. was a 13-year old girl from Marion County, West
Virginia and defendant was a 24-year old man from Hamilton,
In November 2017, N.C. and defendant met on LiveMe, a social
After communicating on LiveMe and other social media
platforms, N.C. sent defendant unsolicited pictures of
herself in her underwear. Later, defendant asked N.C. to
provide more pictures and sent pictures of himself naked.
On November 26, 2017, N.C. requested that defendant come pick
her up. At 1 a.m. on November 27, 2017, defendant retrieved
N.C. from her home and drove her to Virginia.
In Virginia, N.C. and defendant had sex on several occasions.
On November 27, 2017, defendant used his Apple iPhone to take
several pictures of himself in bed with N.C. and filmed a
19-second video of himself having sex with N.C.
On November 27, 2017, the FBI was notified that N.C. was
missing from her home.
On November 28, 2017, law enforcement discovered that N.C.
's Facebook account had been accessed via an IP address
associated with defendant's mother in Hamilton, Virginia.
When law enforcement arrived at defendant's home in
Hamilton, they discovered defendant, N.C, and defendant's
mother. Defendant and N.C. both denied N.C. 's true
identity and provided a false name and false age.
Defendant volunteered to law enforcement that he had
transported N.C. from West Virginia to Virginia but
maintained that N.C. had told him that she was 22. Defendant
stated that he knew N.C. as "Kayla Washington" and
that she was a 21- or 22-year-old divorcee turned stripper
with two children.
Defendant also admitted that he had engaged in multiple sex
acts with N.C. and that he had used his Apple iPhone to
record the pair having sex.
When N.C. spoke with law enforcement, she stated that she
believed that defendant knew that she was 13 and that
defendant had asked her to lie about her age.
On August 1, 2018, a criminal complaint and supporting
affidavit were filed, charging defendant with one count of
production of child pornography.
Defendant was arrested on August 7, 2018.
On September 5, 2018, a federal grand jury returned a
one-count indictment charging defendant with production of
Thereafter, on January 30, 2019, a jury trial commenced
On February 1, 2019, the jury returned a verdict of guilty on
the single count of the indictment.
On April 26, 2019, defendant was sentenced to 15-years of
incarceration - the mandatory minimum - and a five-year term
of supervised release. The judgment in a criminal case
("J&C") entered that same day states,