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United States v. McCauley

United States District Court, E.D. Virginia, Alexandria Division

January 14, 2020

UNITED STATES OF AMERICA
v.
LOGAN McCAULEY

          MEMORANDUM OPINION

          T.S. Ellis, III United States District Judge

         Following 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- N.C. [1]

         At 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.

         I.

         The facts regarding this criminal prosecution are appropriately drawn from the presentence investigation report adopted by the Court and the parties' submissions regarding restitution.

         • 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, Virginia.

         • In November 2017, N.C. and defendant met on LiveMe, a social media platform.

         • 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 child pornography.

         • Thereafter, on January 30, 2019, a jury trial commenced against defendant.

         • 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, ...


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