paroline et argued january decided april respondent victim case sexually abused young girl order produce child pornography learned images abuse trafficked internet effect repeating original wrongs knew humiliation hurt renewed well future thousands additional wrongdoers witnessed crimes petitioner paroline pleaded guilty federal possessing images child pornography included two victim violation victim sought restitution requesting nearly million lost income future treatment counseling costs district declined award restitution concluding government met burden proving losses proximately caused paroline offense victim sought writ mandamus asking fifth circuit direct district order paroline pay restitution granting writ rehearing en banc fifth circuit held inter alia limit restitution losses proximately caused defendant defendant possessed victim images made liable victim entire losses trade images held restitution proper extent defendant offense proximately caused victim losses provision broad restitutionary purpose stating district shall order restitution offense chapter title paroline possession offense requiring district courts order defendants pay victim full amount victim losses determined expressly making issuance restitution order mandatory government burden demonstrating amount victim loss say one event proximately caused another means first former event caused latter actual cause cause fact second proximate cause sufficient connection result concept proximate causation applicable criminal tort law analysis parallel many instances section defines victim individual harmed result commission crime chapter words result plainly suggest causation referent crime offense conviction full amount victim losses includes costs incurred victim six enumerated categories expense reference costs incurred victim naturally understood costs arising result offense conviction defendant conduct last six enumerated categories losses suffered proximate result offense clearly causal requirement one proximate cause reading supported canon construction hen several words followed clause applicable much first words last natural construction language demands clause read applicable porto rico railway light power mor reading also presents commonsense way impose sensible limitations claims attenuated costs pp applying statute causation requirements case victims compensated defendants held account impact conduct victims defendants made liable consequences gravity conduct conduct others pp somewhat atypical causal process underlies losses may simple prove aggregate losses general losses stemming ongoing traffic victim images question purposes much general losses proximate result individual defendant offense victim costs treatment lost income resulting trauma knowing images abuse viewed direct foreseeable results crimes provided prerequisite factual causation satisfied primary problem proper standard causation fact pp showing causation proper standard possible prove victim losses less one possessor individual role large loosely connected network images circulate victim government urge read require less restrictive causation standard cases like endorse theory aggregate causation one formulation finds factual causation satisfied wrongdoer conduct though alone insufficient cause plaintiff harm combined conduct persons sufficient cause harm restatement third torts liability physical emotional harm comment tort law teaches alternative causal tests though kind legal fiction may necessary vindicate law purposes anomalous turn away person harmed combined acts many wrongdoers simply none wrongdoers alone caused harm nonsensical adopt rule whereby individuals hurt combined wrongful acts many redress hurt acts one person alone sound principles taken far however alternative causal standards treat possessor cause fact trauma attendant losses incurred result ongoing traffic victim images aggregate causation logic adopted incautious manner context criminal restitution differs tort law numerous respects paroline contribution causal process underlying victim losses minor compared combined acts relevant offenders compared contributions individual offenders particularly distributors initial producer child pornography congress gave indication intended statute applied expansive manner starkly contrary principle restitution reflect consequences defendant conduct victim claims holding possessor liable entire losses fair practical part offenders seek contribution one another general federal right contribution specific statutory authorization contribution severe approach also raise questions excessive fines clause eighth amendment pp victim expansive reading must rejected mean broader principles underlying aggregate causation theories irrelevant determining proper outcome cases like cause victim general losses trade images paroline part cause undermines purposes tort law turn away plaintiffs harmed several wrongdoers undermine purposes turn away victims cases like respect statute remedial purpose question produce anomalous results say restitution appropriate circumstances harms kind victim endured major reason child pornography outlawed unlawful conduct everyone reproduces distributes possesses images victim abuse including paroline plays part sustaining aggravating tragedy doubt congress wanted restitution victims denying restitution also odds penological purposes include need impress upon offenders conduct produces concrete devastating harms real identifiable victims thus shown defendant possessed victim images victim outstanding losses caused continuing traffic images impossible trace particular amount losses individual defendant utilizing traditional causal inquiry order restitution amount comports defendant relative role causal process underlying victim general losses district courts use discretion sound judgment determining proper amount restitution variety factors may serve guideposts courts might start determine amount victim losses caused continuing traffic victim images base award factors bearing relative causal significance defendant conduct producing losses victim finds approach untenable losses indivisible required define causal standard effects statute purposes apply concepts mechanical way criminal restitution context also argues consigned piecemeal restitution may never lead full recovery congress promised victims full swift restitution cost holding defendant liable amount drastically proportion individual causal relation losses furthermore approach better effects need impress upon defendants acts irrelevant victimless pp though approach without difficulties courts best apply statute written workable manner faithful competing principles stake victims compensated defendants held account impact conduct conduct others district courts routinely exercise wide discretion sentencing generally fashioning restitution orders able apply causal standard defined without detailed guidance vacated remanded kennedy delivered opinion ginsburg breyer alito kagan joined roberts filed dissenting opinion scalia thomas joined sotomayor filed dissenting opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press doyle randall paroline petitioner et al writ certiorari appeals fifth circuit april justice kennedy delivered opinion case presents question determine amount restitution possessor child pornography must pay victim whose childhood abuse appears pornographic materials possessed relevant statutory provisions set forth enacted component violence women act requires district courts award restitution certain federal criminal offenses including possession petitioner doyle randall paroline pleaded guilty offense admitted possessing images child pornography included two depicted sexual exploitation young girl young woman goes pseudonym amy litigation question causal relationship must established defendant conduct victim losses purposes determining right amount restitution three decades ago observed exploitive use children production pornography become serious national problem new york ferber demand child pornography harms children part drives production involves child abuse harms caused child pornography however still extensive child pornography permanent record depicted child abuse harm child exacerbated circulation child pornography traded ease internet number still images videos memorializing sexual assault sexual exploitation children many young age grown exponentially sentencing saris et federal child pornography offenses hereinafter sentencing report one person whose story illustrates devastating harm caused child pornography respondent victim case eight nine years old sexually abused uncle order produce child pornography uncle prosecuted required pay restitution sentenced lengthy prison term victim underwent initial course therapy beginning continuing end period therapist notes reported involvement dance activities support family justified optimistic assessment app functioning appeared decline teenage years however major blow recovery came age learned images abuse trafficked internet digital images available nationwide doubt worldwide though exact scale trade images unknown possessors date easily number thousands knowledge images circulated far wide renewed victim trauma made difficult recover abuse explained victim impact statement submitted district case every day life live constant fear someone see pictures recognize humiliated hurts know someone looking little girl abused camera choose forever pictures people using sick things want erased want stopped powerless stop like powerless stop uncle life feelings worse crime never really stopped never really stop like abused victim says statement fear trauma make difficult trust others feel control happens full extent victim suffering hard grasp abuser took away childhood innocence freedom kind nightmares memories others never know crimes compounded distribution images abuser horrific acts meant wrongs inflicted upon effect repeated knew humiliation hurt renewed future number wrongdoers witnessed crimes committed petitioner paroline one individuals possessed victim images pleaded guilty federal one count possession material involving sexual exploitation children violation supp ed tex paroline admitted knowing possession images child pornography two depicted respondent victim ibid victim sought restitution asking close million consisting nearly million lost income future treatment counseling costs app also sought attorney fees costs supp parties submitted competing expert reports stipulated victim know paroline none claimed losses flowed specific knowledge offense conduct app briefing hearings district declined award restitution supp district observed everyone involved child pornography abusers producers possessors contribute victim ongoing harm concluded government burden proving amount victim losses directly produced paroline occurred without possession images district found standard government failed meet burden proving losses proximately caused paroline offense thus held award restitution appropriate case victim sought writ mandamus asking appeals fifth circuit direct district order paroline pay restitution amount requested amy appeals denied relief victim sought rehearing rehearing request granted petition writ mandamus amy unknown fifth circuit reheard case en banc along another case defendant michael wright raised similar issues appealing order restitution see wright per curiam relevant appeals set determine level proof required award restitution victims cases like held limit restitution losses proximately caused defendant defendant possessed victim images made liable victim entire losses trade images even though offenders played role causing losses amy unknown en banc paroline sought review certiorari granted resolve conflict courts appeals proper causation inquiry purposes determining entitlement amount restitution reasons set forth decision appeals vacated ii title provides district shall order restitution offense chapter title covers number offenses involving sexual exploitation children child pornography particular paroline convicted knowingly possessing child pornography chapter offense section broad restitutionary purpose requires district courts order defendants pay victim full amount victim losses determined expressly issuance restitution order section mandatory section provides order restitution section shall issued enforced accordance section turn provides relevant part burden demonstrating amount loss sustained victim result offense shall attorney government threshold question faces whether limits restitution losses proximately caused defendant offense conduct fifth circuit held contrary holdings courts appeals addressed question compare general requirement applies rogers general requirement applies benoit fast laraneta burgess evers aumais kennedy monzel cadc mcdaniel general matter say one event proximately caused another way making two separate related assertions first means former event caused latter known actual cause cause fact concept actual cause metaphysical one ordinary inquiry existence causal relation laypeople view harper james gray torts ed every event many causes however see proximate law uses term say one event proximate cause another means cause one sufficient connection result idea proximate cause distinct actual cause cause fact defies easy summary flexible concept bridge phoenix bond indemnity generally refers basic requirement must direct relation injury asserted injurious conduct alleged csx mcbride roberts dissenting slip quoting holmes securities investor protection corporation concept proximate causation applicable criminal tort law analysis parallel many instances lafave substantive criminal law ed hereinafter lafave proximate cause often explicated terms foreseeability scope risk created predicate conduct see ibid restatement third torts liability physical emotional harm hereinafter restatement requirement proximate cause thus serves inter alia preclude liability situations causal link conduct result attenuated consequence aptly described mere fortuity exxon sofec parties agree imposes causation requirement statute defines victim individual harmed result commission crime chapter words result plainly suggest causation see pacific operators offshore llp valladolid slip see also burrage slip straightforward reading indicates term crime refers offense conviction cf hughey defendant offense conduct cause harm individual individual definition victim entitled restitution noted requires order restitution full amount victim losses statute defines include costs incurred victim six enumerated categories expense reference costs incurred victim naturally understood costs stemming source qualifies individual victim first place namely ones arising result offense thus typically case criminal restitution intended compensate victims losses caused offense conviction see important point means central concern causal inquiry must conduct particular defendant restitution sought question whether restitution limited losses proximately caused offense noted requirement proximate cause restrictive requirement factual cause alone even made express reference proximate causation might well hold showing proximate cause required proximate cause standard aspect causation criminal law law torts see lafave keeton dobbs keeton owen prosser keeton law torts ed hereinafter prosser keeton given proximate cause traditional role causation analysis found requirement built statute expressly impose one see holmes supra associated gen contractors carpenters see also csx supra roberts dissenting slip applied standard requirement proximate cause actions federal statutes text expressly provide lexmark static control components ante however interpretive task easier requirement proximate cause statute text statute enumerates six categories covered losses include certain medical services physical occupational therapy transportation temporary housing child care lost income attorney fees costs final catchall category losses suffered victim proximate result offense victim argues proximate result language appears final catchall category losses set forth statute requirement losses falling within prior enumerated categories justifies reading part grammatical rule last antecedent according limiting clause phrase ordinarily read modifying noun phrase immediately follows barnhart thomas rule absolute assuredly overcome indicia meaning ibid applied mechanical way require accepting unlikely premises hayes canons statutory construction moreover work reading victim suggests several words followed clause applicable much first words last natural construction language demands clause read applicable porto rico railway light power mor furthermore familiar canon statutory construction catchall clauses read bringing within statute categories similar type specifically enumerated federal maritime seatrain lines defines broad final category losses suffered proximate result offense category naturally understood summary type losses covered losses suffered proximate result offense victim says congress wanted limit losses recoverable proximately caused offense written statute way wrote provides restitution victims telemarketing fraud section written structured much like simply defines term full amount victim losses losses suffered victim proximate result offense essence victim argues first five categories losses enumerated superfluous governed requirement however unpersuasive first five categories provide guidance district courts specific types losses congress thought often proximate result chapter offense general matter included award restitution reading statute impose general limitation accords common sense noted proximate cause forecloses liability situations causal link conduct result attenuated consequence akin mere fortuity example suppose traumatized victim chapter offender needed therapy car accident way therapist office resulting medical costs literal sense factual result offense strange indeed make defendant pay restitution costs victim concedes congress intend costs like recoverable brief respondent amy claims unnecessary read limitation order exclude costs sort ibid says statute contextually inferentially require nexus losses sustained sufficient connection child pornography victim may right concept proximate cause necessary impose sensible limitations restitution remote consequences one effective way perhaps obvious way excluding costs like arising hypothetical car accident described incorporate limitation statute congress reasons given requirement applies losses described restitution therefore proper extent defendant offense proximately caused victim losses iii remains difficult question apply statute causation requirements case problem stems somewhat atypical causal process underlying losses victim claims perhaps simple enough victim prove aggregate losses including costs psychiatric treatment lost income stem ongoing traffic images whole complications may arise disaggregating losses sustained result initial physical abuse questions may set aside present purposes losses may called convenience sake victim general losses difficulty determining full amount general losses proximate result offense conduct particular defendant one thousands possessed future possess victim images connection victim determining amount general losses defendant must pay ultimate question much losses proximate result individual offense difficult aspect inquiry concerns threshold requirement causation fact sure requirement proximate causation distinct mere causation fact prevent holding possessor liable losses caused remote sense victim costs treatment lost income resulting trauma knowing images abuse viewed direct foreseeable results crimes including possession assuming prerequisite factual causation satisfied primary problem proper standard causation fact traditional way prove one event cause another show latter occurred former approach familiar part legal tradition see lafave prosser keeton party disputes showing causation satisfy requirement sometimes showing made little difficulty example causation shown ease many cases involving producers child pornography see parents permit children used production see individuals sell children purposes see initial distributor pornographic images child see case however showing causation made district found government failed prove specific losses caused paroline sense recognized incredibly difficult case like supp finding solid foundation record unchallenged see brief respondent amy brief see supp brief victim perspective paroline one thousands anonymous possessors sure victim precise degree trauma likely bears relation total number offenders probably less rather thousands seen images possible prove losses less much one possessor individual role large loosely connected network images circulate see sentencing report ii xx even without paroline offense thousands viewed future view victim images shown trauma attendant losses different paroline offense especially given parties stipulation victim knowledge paroline see supra recognizing losses substantiated approach defendant anonymous possessor images wide circulation internet victim government urge read require less restrictive causation standard least similar cases correct note courts departed standard circumstances warrant especially combined conduct multiple wrongdoers produces bad outcome see burrage slip acknowledging undoubted reality courts always required strict causality even criminal liability issue victim government look literature criminal tort law alternatives test noted common exception causation requirement applied multiple sufficient causes independently produce result ibid see also lafave restatement exception ill fit parties seem recognize paroline possession two images victim surely sufficient cause entire losses ongoing trade images practical way isolate subset victim general losses paroline conduct alone sufficient cause see brief understandably victim government thus concentrate handful less demanding causation tests endorsed authorities tort law one prominent treatise suggests hen conduct two actors related event combined conduct viewed whole cause event application rule individually absolve conduct cause fact event prosser keeton restatement adopts similar exception ultiple sufficient causal sets restatement comment wrongdoer conduct though alone insufficient cause plaintiff harm combined conduct persons sufficient cause harm ibid restatement offers example case three people independently simultaneously lean car creating enough combined force roll cliff ibid even exerted little force move car force exerted two sufficient move car individual factual cause car destruction ibid government argues authorities provide ample support causation theory brief theory best effectuate congressional intent cases like victim says much brief respondent amy alternative causal tests kind legal fiction construct conduct wrongdoer neither necessary sufficient produce outcome conduct strict sense said caused outcome nonetheless tort law teaches alternative less demanding causal standards necessary certain circumstances vindicate law purposes anomalous turn away person harmed combined acts many wrongdoers simply none wrongdoers alone caused harm nonsensical adopt rule whereby individuals hurt combined wrongful acts many thus many instances hurt badly otherwise redress whereas individuals hurt acts one person alone remedy underlie various aggregate causation tests victim government cite sound principles alternative causal standards though salutary applied judicious manner also taken far illustrated victim suggested approach applying cases like victim says strict logic alternative causal tests possessor images part causal set sufficient produce ongoing trauma possessor treated cause fact trauma attendant losses incurred result entire ongoing traffic images argues premise accepted requirement proximate causation poses barrier seeks restitution losses direct foreseeable result offenses statute requires restitution full amount victim losses including losses suffered victim proximate result offense argues restitution required entire aggregately caused amount striking outcome reasoning possessor victim images bear consequences acts many thousands possessed images illustrates reluctant adopt aggregate causation logic incautious manner especially interpreting criminal statutes language expressly suggesting congress intended approach see burrage slip even one refer law torts major step say sufficient causal link injury wrong victim general losses suffered proximate result paroline offense special reason context criminal restitution aside manifest procedural differences criminal sentencing civil tort lawsuits restitution serves purposes differ though overlap purposes tort law see kelly robinson noting restitution inter alia effective rehabilitative penalty legal fictions developed law torts imported criminal restitution applied utmost limits without due consideration differences contrary victim suggestion akin case gang ruffians collectively beats person woman gang raped five men one night five men five sequential nights brief respondent amy first case involve set wrongdoers acting concert see prosser keeton discussing full liability joint enterprise paroline contact overwhelming majority offenders whose actions victim hold accountable second adopting victim approach make individual possessor liable combined consequences acts even independently acting offenders instead number may reach tens thousands see brief respondent amy unclear whether ever sensible embrace fiction victim entire losses proximate result single possessor offense paroline contribution causal process underlying victim losses minor compared combined acts relevant offenders comparison contributions individual offenders particularly distributors may caused hundreds thousands viewings initial producer child pornography see restatement comment recognizing rule excluding liability individuals whose contribution causal set factually caused outcome pales comparison contributions causal set see reporters note comment conclusion none two dozen small contributions sufficient causal set cause outcome obviously untenable congress gave indication intended statute applied expansive manner victim suggests manner contrary bedrock principle restitution reflect consequences defendant conduct see hughey conduct thousands geographically temporally distant offenders acting independently defendant contact victim argues holding possessor liable entire losses fair practical part offenders may seek contribution one another brief respondent amy might mitigate degree concerns approach presents scant authority contention offenders convicted different proceedings different jurisdictions ordered pay restitution victim may seek contribution one another general federal right contribution northwest airlines transport workers victim point clear statutory basis right contribution circumstances thus suggests imply cause action brief respondent amy rare step circumstance see stoneridge investment partners llc musick peeler garrett employers ins wausau noting precedents teach creation new rights left legislatures courts little address practical problems offenders face seeking contribution event see brief problems victim fails grapple reality victim suggested approach amount holding possessor images liable conduct thousands independently acting possessors distributors legal practical avenue seeking contribution approach severe might raise questions excessive fines clause eighth amendment sure said excessive fines clause intended limit fines directly imposed payable government industries kelco disposal restitution paid victim imposed government culmination criminal proceeding requires conviction underlying crime bajakajian thus despite differences restitution traditional fine restitution still implicates prosecutorial powers government supra primary goal restitution remedial compensatory cf bajakajian supra also serves punitive purposes see pasquantino purpose awarding restitution mete appropriate criminal punishment kelly may sufficient bring within purview excessive fines clause bajakajian supra real question whether holding single possessor liable millions dollars losses collectively caused thousands independent actors might excessive disproportionate circumstances concerns offer reason interpret statute way victim suggests contention victim entire losses ongoing trade images suffered proximate result paroline offense purposes must rejected mean broader principles underlying aggregate causation theories government victim cite irrelevant determining proper outcome cases like cause victim general losses trade images paroline part cause one viewed images possible identify discrete readily definable incremental loss caused indisputable part overall phenomenon caused general losses undermines purposes tort law turn away plaintiffs harmed several wrongdoers undermine remedial penological purposes turn away victims cases like respect statute remedial purpose question produce anomalous results say restitution appropriate circumstances common ground victim suffers continuing grievous harm result knowledge large indeterminate number individuals viewed future view images sexual abuse endured brief petitioner brief respondent wright brief brief respondent amy harms sort major reason child pornography outlawed see ferber unlawful conduct everyone reproduces distributes possesses images victim abuse including paroline plays part sustaining aggravating tragedy doubt congress wanted victims receive restitution harms like law makes restitution mandatory offenses chapter language indicates congress clear intent victims child pornography compensated perpetrators contributed anguish undermine intent apply statute way render dead letter prosecutions type denying restitution cases like also odds penological purposes mandatory restitution scheme sense every viewing child pornography repetition victim abuse one reason make restitution mandatory crimes like impress upon offenders conduct produces concrete devastating harms real identifiable victims see kelly supra restitution effective rehabilitative penalty forces defendant confront concrete terms harm actions caused inconsistent purpose apply statute way leaves offenders mistaken impression possession least images wide circulation victimless crime statute terms required showing strict causation purposes beside point text statute limited although congress limited restitution losses proximate result defendant offense unelaborated causal language means requires causation terms see burrage slip courts need read phrases like results require causality textual contextual reason conclude otherwise authorities government victim cite show availability alternative causal standards circumstances warrant less test default part background legal tradition congress legislated cf slip unacceptable adopt causal standard strict undermine congressional intent neither plain text statute legal tradition demands approach special context shown defendant possessed victim images victim outstanding losses caused continuing traffic images impossible trace particular amount losses individual defendant recourse traditional causal inquiry applying order restitution amount comports defendant relative role causal process underlies victim general losses amount severe case like given nature causal connection conduct possessor like paroline entirety victim general losses trade images product acts thousands offenders however token nominal amount required restitution reasonable circumscribed award imposed recognition indisputable role offender causal process underlying victim losses suited relative size causal role serve twin goals helping victim achieve eventual restitution losses impressing upon offenders fact crimes even simple possession affect real victims remains question district courts go determining proper amount restitution general level abstraction must assess best available evidence significance individual defendant conduct light broader causal process produced victim losses precise mathematical inquiry involves use discretion sound judgment neither unusual novel either wider context criminal sentencing specific domain restitution well recognized district courts necessity exercise discretion fashioning restitution order indeed district expressly authorized conduct similar inquiry multiple defendants contributed loss victim appear case may apportion liability among defendants reflect level contribution victim loss defendant ibid assessing individual defendant role causal process behind victim losses involve substantially different greater exercise discretion variety factors district courts might consider determining proper amount restitution neither necessary appropriate prescribe precise algorithm determining proper restitution amount point law development unduly constrain decisionmakers closest facts given case district courts might starting point determine amount victim losses caused continuing traffic victim images excluding course remote losses like hypothetical car accident described see supra set award restitution consideration factors bear relative causal significance defendant conduct producing losses include number past criminal defendants found contributed victim general losses reasonable predictions number future offenders likely caught convicted crimes contributing victim general losses available reasonably reliable estimate broader number offenders involved course never caught convicted whether defendant reproduced distributed images victim whether defendant connection initial production images many images victim defendant possessed facts relevant defendant relative causal role see brief factors need converted rigid formula especially result trivial restitution orders rather serve rough guideposts determining amount fits offense resulting amount fixed deemed amount victim general losses proximate result offense purposes thus full amount losses awarded set appropriate payment schedule consideration defendant financial means see victim says approach untenable losses indivisible sense term used tort law reasonable basis factfinder determine amount damages separately caused one offender conduct restatement third torts apportionment liability premise argument sense fiction say paroline caused losses losses lesser amount necessary embrace much greater fiction paroline caused victim losses ongoing trade images non sequitur required define causal standard effects statute purposes apply concepts mechanical way criminal restitution context even victim losses fully indivisible sense debatable treating paroline proximate cause victim losses especially absence workable system contribution stretches fiction aggregate causation breaking point treating cause smaller amount victim general losses taking account role overall causal process behind losses effects statute purposes avoids nonsensical result turning away victims emptyhanded without sacrificing need sentencing victim also argues approach consign piecemeal restitution leave face decades litigation might never lead full recovery brief respondent amy convert congress promise child pornography victims empty gesture congress promised victims full swift restitution costs sure statute strong restitutionary purpose purpose twisted license hold defendant liable amount drastically proportion individual causal relation victim losses furthermore approach sort better effects need impress upon defendants acts irrelevant victimless government observes reply brief undermine important purpose criminal restitution victim simply collected full losses handful wealthy possessors left remainder pay nothing already fully collected course victim someday collect restitution losses makes sense spread payment among larger number offenders amounts closely proportion respective causal roles circumstances made aware concrete mechanism restitution impact possession victims approach without difficulties restitution orders represent application law decisionmaker caprice philip morris usa williams internal quotation marks omitted approach articulated involves discretion estimation courts best apply statute written workable manner faithful competing principles stake victims compensated defendants held account impact conduct victims also defendants made liable consequences gravity conduct conduct others district courts routinely exercise wide discretion sentencing general matter specifically fashioning restitution orders reason believe apply causal standard defined reasonable manner without detailed guidance stage law elaboration based experience prior cases kind government noted see supra bears burden proving amount victim losses also inform district courts restitution sought ordered cases fifth circuit interpretation requirements incorrect district likewise erred requiring strict showing causation judgment appeals vacated case remanded proceedings consistent opinion ordered roberts dissenting doyle randall paroline petitioner et al writ certiorari appeals fifth circuit april chief justice roberts justice scalia justice thomas join dissenting certainly agree amy deserves restitution congress making restitution mandatory victims child pornography meant unfortunately restitution statute congress wrote child pornography offenses makes impossible award relief amy case instead tailoring statute unique harms caused child pornography congress borrowed generic restitution standard makes restitution contingent government ability prove preponderance evidence amount loss sustained victim result defendant crime comes paroline crime possession two amy images possible anything pick arbitrary number amount arbitrary good enough criminal law attempts design coherent restitution system focusing defendant relative role causal process underlies victim general losses ante inquiry sensible may one congress adopted undertaking inquiry congress require district case concluded government meet statutory burden proof government concedes point see brief practically impossible know whether amy losses slightly lower one subtract one defendant ten fifty must regretfully dissent section title directs district shall order restitution offense chapter includes paroline offense knowingly possessing child pornography violation section case congress purpose clear use shall section emphasizes issuance restitution order section mandatory section spells may receive restitution provides order restitution section shall direct defendant pay victim appropriate mechanism full amount victim losses determined pursuant section term defined individual harmed result commission crime chapter term amount victim losses includes costs incurred victim medical services relating physical psychiatric psychological care lost income losses suffered victim proximate result offense section describes district must calculate restitution provides order restitution section shall issued enforced accordance section manner order section unlike section sections designed specifically child pornography offenses part mandatory victims restitution act supply general guidelines many federal offenses relevant section provides ny dispute proper amount type restitution shall resolved preponderance evidence burden demonstrating amount loss sustained victim result offense shall attorney government explains statute allows restitution losses proximate result paroline offense see ante citing contrary paroline argument proximate cause requirement easily satisfied case readily foreseeable paroline crime cause amy suffer precisely types losses claims future lost wages costs treatment counseling attorney fees costs eligible losses enumerated section direct relation types injuries paroline injurious conduct holmes securities investor protection corporation therefore agree paroline actually caused losses also proximately caused see ante pressing problem statutory requirement actual causation see burrage slip ordinary meaning term results requires proof defendant conduct actual cause injury correctly holds statute precludes restitution award sought amy preferred justice sotomayor dissent hold paroline responsible amy entire loss see ante contra post congress authorized restitution amount loss sustained victim result offense interpreted virtually identical language predecessor statute section require restitution tied loss caused offense conviction hughey citing ed emphasis added restitution may imposed losses caused crime justice sotomayor dissent dismisses section congress direct answer question presented case namely resolve dispute proper amount restitution justice sotomayor thinks answer question begins ends statement section defendant must pay full amount victim losses see post losses answer found rest sentence full amount victim losses determined pursuant paragraph emphasis added aragraph course instructs order restitution section shall issued enforced accordance section manner order section section provides statute burden proof specifies defendant pay losses sustained result offense offense offense conviction paroline possession two amy images one suggests paroline crime actually caused amy suffer millions dollars losses statute allow award millions dollars restitution determining amount statute allow amount amy losses paroline offense caused real difficulty case see ante regrettably congress provided mechanism answering question actual causation determined using traditional standard acknowledges showing causation made case ante amy incurred lost wages counseling costs even paroline viewed images government amy respond offering aggregate causation theory borrowed tort law even apply legal fiction ante assume purposes argument paroline crime contributed something amy total losses suffices establish causation fact sufficient award restitution statute requires determination amount paroline must pay must pay full amount victim losses yes determined section full amount losses caused government burden establish amount one suggested plausible means government carry problem stems nature amy injury explained section general statute designed provide restitution common crimes fraud assault section standard work fine crime victims usually difficult identify harm caused defendant offense dispute usually amount victim loss example value lost assets cost night hospital amy qualitatively different injury loss undoubtedly genuine result collective actions huge number people beginning uncle abused put images internet distributors make images widely available possessors paroline view images harm amy produced time gradually tens thousands persons acting independently one suffers particular knowledge images viewed online unknown number people fear person meets might recognize witnessed abuse app amy know paroline nothing record comes close establishing amy suffered less paroline possessed images let alone much less see brief amy injury indivisible means paroline particular share losses unknowable yet proof paroline particular share statute requires simply importing generic restitution statute without accounting diffuse harm suffered victims child pornography congress set restitution system sure fail cases like one perhaps case different facts say single distributor handful possessors susceptible proof statute requires tens thousands copies amy images changed hands across world decade demand government prove amount loss sustained victim result offense offense particular case demand impossible emphasis added congress conditioned restitution government meeting burden proof effectively precluded restitution cases involving possession distribution child pornography ii district paroline case found government meet statutory burden proof government really contest holding instead asks held less demanding standard litigated issue years virtually every circuit best government come tell courts awarding restitution look courts done workable guide least courts taken vastly different approaches materially indistinguishable cases according government lodging case district courts awarding less amy full losses imposed restitution orders varying restitution awards amy december lodging supposed use figures sort guidance pick median figure mean something else point government submission lacks basis law first district courts confronted amy case awarded articulable reason legal basis awarding one figures paroline case statute requires proof defendant harm done going rate course government acknowledges approach work well first case brought particular victim tr oral arg majority proposal district assess best available evidence significance individual defendant conduct light broader causal process produced victim losses ante even plausible way design restitution system amy complex injury way around fact system congress created statute requires restitution based exclusively losses resulted defendant crime defendant relative culpability majority plan situate paroline along spectrum offenders contributed amy harm assist district calculating amount amy losses amount lost wages counseling costs caused paroline crime defendant correct course awarding amy restitution contrary congress remedial penological purposes see ante previously refused allow policy considerations including expansive declaration purpose need compensate victims full losses suffered deter us reading virtually identical statutory language require proof harm caused solely defendant particular offense hughey moreover even relative role causal process approach statute ante unlikely make amy whole extent district courts form sort consensus much award experience shows amount particular case quite small significant majority defendants ordered pay amy less lodging means amy stuck litigating years come acknowledges amy may end piecemeal restitution yet responds simply congress promised victims full swift restitution costs ante amy fare better district courts consider factors suggested majority including number defendants convicted possessing amy images rough estimate likely convicted future even rougher estimate total number persons involved harm ante first place last figure relevant paroline relative significance logically measured light everyone contributed amy injury caught convicted even worse extent possible project total number persons viewed amy images number tragically large means restitution awards tied lead pitiful recovery every case see brief respondent amy estimating paroline amy harm majority says courts impose trivial restitution orders ante hard see fairly assessing defendant relative contribution anything else confidence judicial discretion save statute arbitrary application see ante true district courts exercise substantial discretion awarding restitution imposing sentences general mere instinct courts instead guided statutory standards restitution context fair determination losses caused individual defendant section sentencing generally detailed factors section contrary approach one asks district judges impose restitution criminal punishment guided solely intuitions regarding comparative fault undermine requirement every criminal defendant receive due process law decision today means amy go home nothing mistake salutary outcome lead readers conclude amy prevailed congress done justice victims child pornography statute written allows recovery say give congress chance fix respectfully dissent sotomayor dissenting doyle randall paroline petitioner et al writ certiorari appeals fifth circuit april justice sotomayor dissenting long recognized grave physiological emotional mental injuries suffered victims child pornography new york ferber traffic images depicting child sexual abuse observed even greater threat child victim sexual abuse victim must life knowing recording circulating within mass distribution system child pornography emphasized later case images cause continuing harm haunting chil years come osborne ohio congress enacted backdrop statute imposes mandatory duty courts order restitution victims federal offenses involving sexual abuse children including possession child pornography commands offense shall direct defendant pay victim full amount victim losses interprets statute require restitution circumscribed amount less entirety victim losses total instructs courts estimate based defendant relative role victim harm ante amount holds neither nominal severe ibid appreciate effort achieve perceives result declines require restitution victim full losses result might seem incongruent individual possessor partial role harm countless others participated rejects position advanced paroline dissenting opinion chief justice result restitution cases like perverse reason child victimized many approach however reconciled law congress enacted congress mandated restitution full amount victim losses within framework settled tort law principles treat defendants like paroline jointly severally liable indivisible consequences intentional concerted conduct extent award full amount victim losses may lead fears unfair treatment particular defendants congress provided mechanism accommodate concerns courts order partial payments periodic schedule defendant financial circumstances interest justice require accordingly affirm fifth circuit holding district must enter restitution order reflecting amount amy losses amy unknown instruct consider periodic payment schedule remand two distinct related questions case first whether paroline conduct bears sufficient causal nexus amy harm second nexus exists much restitution paroline required pay beginning causation agree majority proximate causation beyond dispute medical economic losses suffered amy direct foreseeable results crimes ante accord ante roberts dissenting real issue proper standard causation fact ante majority opinion majority share common ground much issue agree ordinary way prove show result occurred defendant conduct burrage slip also agree always required alternative standards factual causation appropriate contextual reason conclude much ante quoting burrage slip importantly agree ample reasons reject strict causality requirement see ante starting text declares shall order restitution offense chapter possession child pornography offense relevant chapter term shall creates obligation impervious judicial discretion lexecon milberg weiss bershad hynes lerach text clearer must order restitution person convicted possessing child pornography section underscores directive declaring issuance restitution order section mandatory statute title mandatory restitution reinforces still interpreting require causality flout simple textual commands showing causation made case many like ante even without paroline offense regrettable fact thousands viewed future view amy images shown trauma attendant losses different parolin requirement thus make restitution opposite mandatory preclude restitution victim typical child pornography offense nonsensical reason child victimized many approach transform something unrecognizable congress wrote congress passed common knowledge child pornography victims suffer harm hands numerous offenders possess images common whether print film electronic form see shouvlin preventing sexual exploitation children model act wake forest rev describing enormous number magazines hundreds films produced year depicting sexual abuse children circulated untold numbers offenders distribution system ensures even small towns access material doyle fbi probing child porn computers san francisco chronicle describing complaint child pornographic photographs circulating via america computer service congress also acutely aware severe injuries victims child pornography suffer hands criminals possess view recorded images sexual abuse congress found example continued existence circulation child pornography images causes child victims sexual abuse continuing harm haunting children future years child pornography prevention act stat congressional findings notes following hereinafter findings inconceivable congress imposed mandatory restitution obligation possessors contribute continuing harm direct courts apply cause requirement prevent victims actually obtaining recovery course alternative standard determining consistent text context enacted aggregate causation majority points aggregate causation less test part background legal tradition congress legislated ante standard hen conduct two actors related event combined conduct viewed whole cause event application rule individually absolve conduct cause fact event ante quoting keeton dobbs keeton owen prosser keeton law torts ed hereinafter prosser keeton paroline fellow offenders plainly qualify factual causes approach amy losses occurred combined conduct applying rule excuse every reason think congress intended incorporate aggregate causation whereas requirement set mandatory restitution command collision course aggregate causation standard follows directly statute section unequivocal offers exception defendants possess images child abuse common offenders aggregate causation standard exists avoid exactly kind exception see prosser keeton aggregate causation applies multiple defendants bea like relationship victim injury ach seeks escape liability reason recognized likewise protect defendant group thus leaving victim without remedy face fact none acted improperly victim suffered harm restatement third torts liability physical emotional harm comment similar bottom congress intend create safe harbor inflict upon victims proverbial death thousand cuts given nature child pornography market large class offenders contribute jointly victims harm trading images causation requirement swallow mandatory restitution command leaving victims little hope recovery textual contextual reason necessary conclude congress incorporated aggregate causation burrage slip dissent chief justice suggests contrary conclusion compelled decision hughey hughey involved defendant convicted single count unauthorized credit card use resulted losses government nonetheless requested restitution additional losses based different counts indictment government agreed dismiss declined government request reasoning restitution tied offense conviction commonsense holding course casts doubt ordinary practice requiring restitution losses caused offense defendant convicted loss product combined conduct multiple offenders troubles colleagues case concept restitution cases involving losses caused one offender objection instead restitution cases victim losses caused many offenders chief justice puts congress wrote law enable amy recover images circulated single distributor handful possessors ante victimized numerous distributors thousands possessors gets nothing goes without saying congress intend result colleagues dissent next assert restitution may awarded describes government burden showing loss sustained victim result offense provision nothing close direct answer case ante simply restates question losses sustained victim result defendant offense result produced combination offenses others one answer defendant offense losses cause second offense losses part aggregate cause former preclude restitution cases like latter allow given congress mandatory command courts shall order restitution offense beyond clear answer congress chief justice dissent also fails contend ramifications suggestion forecloses entry restitution cases victim suffers indivisible losses result aggregate conduct numerous offenders claims reading work fine common crimes assault ante victim vicious gang assault single offender conduct labeled cause discrete injury offenses unfortunately common see wheelock wl ed may defendant convicted participation gang rape victim several individuals provided alcohol girl became intoxicated unconscious sexually assaulted homer wl june similar thought beyond refute victim tragic offense entitled restitution even though none losses may attributed solely individual defendant opinion chief justice agreement explain result different victims like amy suffered heart wrenching losses hands thousands offenders rather ii majority accepts aggregate causation least extent ruling requires possessors pay amount restitution even though impossible say caused particular amount victim losses recourse traditional causal inquiry ante majority resists strict logic aggregate causation fear produce striking outcome award individual possessor entire aggregately caused amount ante majority accordingly holds applying order restitution amount comports defendant relative contribution victim general losses ante majority apportionment approach appears sensible one instance goal proportionality sentencing avoid turning away victims emptyhanded spread payment among offenders ante suffers far fundamental problem contravenes language congress actually used section directs courts enter restitution proportional relative amount full amount victim losses command unequivocal buttressed tort law tradition joint several liability within congress legislated defendant found bear sufficient causal nexus victim harm provides straightforward instruction much restitution order order restitution section shall direct defendant pay victim full amount victim losses word shall imposes discretionless obligatio lopez davis considering restitution request license deviate statute command must enter order full amount victim losses regardless whether defendants may contributed victim harm doubt matter congress eliminated ii bars declin ing issue restitution order section ground victim entitled receive compensation injuries proceeds insurance source one source victim entitled receive compensation course offenders possess images sexual abuse unthinkable congress expressly forbidden courts award victims restitution harms aggregately caused many offenders permit restitution orders single penny reason majority recognizes congress draft vacuum context settled tort law traditions see ante see also meyer holley congress legislates legal background ordinary principles section functions tort statute one designed ensure victims recover compensatory damages efficient manner concurrent criminal proceedings see restatement torts purposes tort law include give compensation indemnity restitution harms punish wrongdoers dolan substantive purpose related mandatory victims restitution act ensure victims crime receive full restitution nature child pornography industry indivisible quality injuries suffered victims make paradigmatic situation traditional tort law principles require joint several liability requiring restitution full amount victim losses congress depart principles embraced first injuries caused child pornography possessors impossible apportion practical sense said example paroline offense alone required amy attend five additional minutes therapy caused discrete portion lost income majority overlooks fact ordering courts surmise circumscribed amount loss based list factors ante see also ante roberts dissenting section full restitution requirement dispenses guesswork however harmonizes settled tort law tradition concerning indivisible injuries explained rule edmonds compagnie generale transatlantique unless plaintiff injury divisible causation part separately assigned tortfeasor rule tortfeasor relieved liability entire harm caused another negligence also factor effecting injury see also prosser keeton joint several liability applies injuries obviously incapable reasonable practical division feneff boston maine mass similar second congress adopted backdrop rule governing concerted action joint tortfeasors specifies two tortfeasors act concert well settled liable entire result prosser keeton degree concerted action required rule inordinate one person acts produce injury full knowledge others acting similar manner conduct contribute produce single harm joint tort consummated even prearranged plan harper james gray law torts ed hereinafter harper james see also troop dew ark defendants jointly liable uncoordinated acts working common purpose child pornography possessors jointly liable standard act concert part global network possessors distributors producers pursue common purpose trafficking images child sexual abuse congress recognized possessors material integral part market sexual exploitative use children finding moreover although possessors like paroline may familiar every last participant market child sexual abuse images little doubt act knowledge inevitable harms caused combined conduct paroline admitted possessing images minors engaged sexually explicit conduct downloaded offenders internet see supp app communally browsing downloading internet child pornography offenders like paroline fuel process allows industry flourish paedophiles networking internet child abuse internet ending silence arnaldo ed indeed one expert describes internet child pornography networks example complex criminal conspiracy quintessential concerted action joint several liability attaches lastly full restitution requirement conforms congress understood uniform rule governing joint several liability intentional torts rule ach person commits tort requires intent jointly severally liable indivisible injury legally caused tortious conduct restatement third torts apportionment liability little doubt possession images child sexually abused amount intentional invasion privacy tort extreme one see restatement second torts one intentionally intrudes physically otherwise upon another private affairs concerns subject liability intrusion highly offensive reasonable person section imposition joint several liability makes particular sense viewed light intentional tort rule end day question allocate losses among defendants really choice placing risk loss defendants since one caught first may required pay fair share victim since apportionment regime risk preventing obtaining full recovery whatever merits placing risk loss victim context offense congress evidently struck balance quite differently context placing risk morally culpable possessors child pornography innocent child victims notwithstanding text longstanding tort law traditions support majority adopts apportionment approach based concern joint several liability might lead unfairness applied individual defendants see ante majority finds approach necessary provide individual defendants ability seek contribution offenders ante agree statute create cause action contribution unlike majority think absence contribution suggests congress intended phrase full amount victim losses mean something less instead expending judicial resources disputes intentional tortfeasors congress crafted different mechanism preventing inequitable treatment individual defendants use periodic payment schedules section directs order restitution section shall issued enforced accordance section section turn reiterates command courts shall order restitution victim full amount victim losses goes distinguish amount restitution ordered schedule payments made thus shall specify restitution order schedule according whic restitution paid provides restitution order may direct defendant make single lump sum payment partial payments specified intervals critically choosing partial payments courts shall consider financial resources assets defendant along financial obligations defendant including obligations dependents applying factors set appropriate payment schedule light individual child pornography possessor financial circumstances difficult indeed already robust body case law clarifying payment schedules set example courts appeals uniformly found abuse discretion require defendants make immediate payments full amount restitution award ability cases congress instead required courts impose periodic payment schedules see mcglothlin reversing payment order defendant ability pay restitution immediately requiring district set periodic payment schedule myers existing body law also provides guidance proper payment schedules compare calbat annual payment abuse discretion defendant net worth yearly income harris supp sdny setting payment schedule greater per month defendant gross income section provision partial periodic payments thus alleviates concerns unfairness vast number child pornography defendants modest financial resources difficult challenge presented however case wealthy defendant able satisfy large restitution judgment immediate payment statute fully capable ensuring results defendants addition offender financial circumstances permits courts consider factors interest justice deciding whether impose payment schedule see district shall specify payment schedule pursuant section restitution order shall payable periodic installments interest justice accordingly context restitution order wealthy child pornography possessor likely interest justice district set payment schedule requiring defendant pay restitution amounts equal periodic losses district finds actually incurred victim given timeframe case example amy expert estimates suffer approximately million losses medical costs lost income next years life approximately per year estimate deemed accurate enter restitution order wealthy defendant full million amount amy losses make payable annual schedule per year serve interest justice periodic payment schedule allow individual wealthy defendant ultimate burden substantially offset payments made entry full restitution award provide certainty amy made whole losses although ultimately reach different conclusion proper interpretation statutory scheme appreciate caution announced approach example expressly rejects possibility district courts entering restitution orders token nominal amount ante point important taken context aspects opinion might construed otherwise instance estimating restitution amount district may consider broader number offenders involved course never caught convicted ante factor given much weight lead exactly type trivial restitution awards disclaims amy counsel noted instance light large number persons possess images truly proportional approach restitution lead award individual defendant brief respondent amy congress obviously intend outcome wisely refuses permit end course congress final say congress wishes recodify full restitution command language perhaps even clear mandatory directive order restitution full amount victim losses congress might amend statute example include term aggregate causation alternatively avoid uncertainty apportionment approach congress might wish enact fixed minimum restitution amounts see statutorily imposed minimum civil remedy meanwhile hope approach unduly undermine ability victims like amy recover unfathomable harms sustained footnotes case loss product combined conduct multiple offenders post sotomayor dissenting section provides may make defendant liable payment full amount restitution may apportion liability among defendants reflect level contribution victim loss economic circumstances defendant notes however provision applies multiple defendants sentenced proceeding charged indictment ante see also brief correct amount one favored justice sotomayor dissent hold paroline liable losses certainly cause without right seek contribution others harmed amy gang assaults discussed justice sotomayor post fair analogy gang members cases acted together common plan one aiding abetting others inflicting harm paroline never met interacted virtually persons contributed amy injury possession offense aid abet anyone amy uncle initial source injuries ordered pay restitution underscores arbitrary statute applied child pornography offenses footnotes fifth circuit recognized standard years ago observed ccording great weight authority concurrent successive acts omissions two persons although acting independently combination direct proximate cause single injury may held liable though act alone might caused entire injury damage might resulted act phillips petroleum hardee quoting jur negligence chief justice dissent elides distinction aggregate causation despite assum ing purposes argument incorporates aggregate causation dissent nevertheless applies causation determine full amount losses paroline must pay see ante arguing paroline asked pay full amount losses caused losses others combined cause dissenting colleagues ways either incorporates aggregate causation case full amount amy losses losses aggregately caused paroline like offenders requires causation case amy gets nothing chief justice objects gang assaults fair analogy involve group individuals acting together common plan ante individuals need act together trigger joint several liability liability applies equally multiple actors independently commit intentional torts combine produce indivisible injury infra event offenders issue case act together common end trafficking market images child sexual abuse see infra offenders may physically room commit crimes reason read mandatory restitution command statute child abusers hide behind anonymity computer screen possession child pornography constitutes intentional tort notwithstanding offense requires mens rea knowledge see punishing one knowingly sells possesses child pornography one said act knowingly aware result practically certain follow conduct bailey definition anything exacting kind intent required intentional tort restatement defines intent include situations actor believes consequences substantially certain result act restatement second torts facts case show offset significant june december amy obtained restitution awards persons ordered pay amount see restitution awards amy december lodging offenders new offenders caught month instead ordered pay full amount restitution periodic amounts according financial means wealthy defendant annual obligation terminate long required pay anything close full million victim receives full amount restitution outstanding obligations expire displace settled joint several liability rule forbidding double recovery see restatement second torts see also nucci mentions amy received roughly uncle person responsible abusing child ante care must taken considering amount award amy uncle however ante amy expert explained amy back normal end treatment initial offense app chiefly discovering eight years later images sexual abuse spread internet amy suffered additional losses due realization possessors like paroline viewing sexual abuse never really ended