United States v. Tommy Daniel , 571 F. App'x 340 ( 2014 )

Case: 11-10050 Document: 00512661683 Page: 1 Date Filed: 06/12/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 11-10050 FILED
Summary Calendar June 12, 2014
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
TOMMY DALE DANIEL,
Defendant - Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:07-CR-142-1
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before DAVIS, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
On appeal, Tommy Dale Daniel challenged the judgment in two respects:
his convictions for possession of child pornography; and the ordered restitution.
Our court affirmed. United States v. Daniel, 532 F. App’x 522 (5th Cir. 2013).
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.
R. 47.5.4.
Case: 11-10050 Document: 00512661683 Page: 2 Date Filed: 06/12/2014
No. 11-10050
The Supreme Court vacated our judgment and remanded for further
consideration in the light of Paroline v. United States, 134 S. Ct. 1710 (2014),
which held 18 U.S.C. § 2259 requires “restitution in an amount that comports
with the defendant’s relative role in the causal process that underlies the
victim’s general losses”, id. at 1727.
Accordingly, we VACATE only the ordered restitution, and, for that
issue, REMAND for proceedings consistent with the Supreme Court’s opinion
in Paroline. The balance of the judgment remains AFFIRMED.
AFFIRMED IN PART; VACATED and REMANDED IN PART.
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