D. North Dakota | U.S. District Courts

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D. North Dakota

The following is a chronological list of opinions issued by the U.S. District Court for the District of North Dakota that involve or touch on some aspect of computer forensics. Every effort is being made to locate relevant decisions; however, this list is intended as a research aid only, and should not be considered definitive. If you have any suggestions for decisions that should be added to this list, please email them to me using the contact form.

Reminder: These case digests are provided for informational purposes only, and do not constitute legal advice. Anyone conducting legal research on a particular topic or in a specific jurisdiction is advised to supplement these materials with their own efforts or those of a qualified attorney whom they have hired for that purpose.

2010

U.S. v. Solsbury, Case No. 4:09-cr-062 (D. N.D. 8-4-2010) -- Defendant pled guilty to receipt of child pornography, including images from a series with a known victim, "Vicky." Government filed motion for $312,953.60 in restitution from defendant under the Violent Crime Control and Law Enforcement Act of 1994, and the Violence Against Women Act of 1994. While acknowledging the never-ending harm to the victim through the continued distribution of child pornography photos of her, the District Court objected to the fact that no effort was made to apportion the victim's damages to defendant's possession of five images of her. The Court concluded that without a showing of proximate cause between defendant's actions and the victim's harm, an order of restitution is improper. "The decision to award restitution in these types of cases," the Court said, "should be, and needs to be, based on some semblance of reason, common sense, and fairness rather than speculation."