United States of America v. Brian Blurton

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BRIAN BLURTON,
Defendant - Appellant.
No. 14-50301
D.C. No. 5:13-cr-00036-VAP-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Argued and Submitted October 22, 2015
Pasadena, California
Before: KOZINSKI, IKUTA and OWENS, Circuit Judges.
The district court erred by ordering restitution without disaggregating “the
losses, including ongoing losses, caused by the original abuse of [each] victim . . .
from the losses caused by the ongoing distribution and possession of images of that
FILED
NOV 19 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

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original abuse, to the extent possible.” United States v. Galan, No. 14-30145, slip
op. at 9 (9th Cir. Nov. 4, 2015).
The restitution order is VACATED and the case is REMANDED for
further proceedings consistent with Galan.

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