Opinion
No. 13-10636
01-23-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee v. DAVID WAYNE HATCHER, Defendant - Appellant
Summary Calendar Appeal from the United States District Court for the Northern District of Texas
USDC No. 4:12-CR-96-1
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
We previously affirmed the district court's restitution order imposed in connection with David Wayne Hatcher's guilty-plea conviction for two counts of child pornography. United States v. Hatcher, 559 F. App'x 300 (5th Cir. 2014). The Supreme Court granted certiorari, vacated our decision, and remanded for further consideration in light of Paroline v. United States, 134 S. Ct. 1710 (2014). Hatcher v. United States, 135 S. Ct. 129 (2014). Paroline overruled our circuit precedent and 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." Paroline, 134 S. Ct. at 1727. We now VACATE the district court's restitution order and REMAND the case to the district court for proceedings consistent with the Supreme Court's opinion in Paroline.