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U.S. v. KENNEDY

No. 10-30065.

643 F.3d 1251 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua Osmun KENNEDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2011.

Attorney(s) appearing for the Case

Suzanne Lee Elliott, Law Offices of Suzanne Lee Elliott, Seattle, WA, for appellant Joshua Osmun Kennedy.

Helen J. Brunner, Assistant United States Attorney, Seattle, WA, for appellee United States of America.

Before: BETTY B. FLETCHER, RICHARD A. PAEZ, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

Joshua Osmun Kennedy was convicted by a jury of possessing and transporting child pornography. He appeals his conviction, his sentence, and the district court's order directing him to pay $65,000 in restitution to two victims. We affirm Kennedy's conviction and sentence. Because the government failed to carry its burden of proving that Kennedy's offense conduct proximately caused the losses incurred by the victims, we vacate...

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