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United States v. T. Patrick Kearney

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Before Lynch, Chief Judge, Souter, *fn1 Associate Justice, and Stahl, Circuit Judge.

T. Patrick Kearney appeals from a plea of guilty to seventeen counts of transportation, distribution, and possession of child pornography, which he did through use of the internet. His appeal raises two important issues we have not addressed before.

Since the IP address Kearney used to accomplish his crimes was a “dynamic” and not a “static” one, he contends the affidavit in support of the search warrant was not adequate. Even accounting for that difference, we hold that the affidavit was adequate and there was no error in the denial of the motion to suppress. The second issue, which has divided the circuits, concerns the standards for an award of statutory restitution under 18 U.S.C. § 2259 to the victim, as well as the propriety of the $3,800 amount ordered as restitution. The victim was, as a minor, the subject of the pornographic videos taken by her father. The defendant possessed, transported, and redistributed those images to others. We also find no error in the restitution award.

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