United States v. Xavier Degollado , 573 F. App'x 363 ( 2014 )

Case: 12-40469 Document: 00512668493 Page: 1 Date Filed: 06/18/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 12-40469 United States Court of Appeals
Fifth Circuit
FILED
UNITED STATES OF AMERICA, June 18, 2014
Lyle W. Cayce
Plaintiff–Appellee, Clerk
v.
XAVIER DEGOLLADO,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CR-1824-1
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before REAVLEY, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
Defendant–Appellant Xavier Degollado was convicted of receiving child
pornography in violation of 18 U.S.C. § 2225A(a)(2)(A). On appeal, Degollado
challenged the resulting sentence of imprisonment and order of restitution.
We affirmed. United States v. Degollado, 547 F. App’x 592 (5th Cir. 2013).
The Supreme Court vacated our judgment and remanded for further
consideration in light of Paroline v. United States, 134 S. Ct. 1710 (2014). In
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 12-40469 Document: 00512668493 Page: 2 Date Filed: 06/18/2014
No. 12-40469
Paroline, the Court held that 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.” 134 S. Ct. at 1727.
Accordingly, we VACATE the order of restitution, and we REMAND for
proceedings consistent with the Supreme Court’s opinion in Paroline. We once
more AFFIRM the sentence of imprisonment.
AFFIRMED IN PART; VACATED and REMANDED IN PART.
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