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United States v. Osman

United States Court of Appeals, Eleventh Circuit

April 12, 2017

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
WILLIAM EDWARD OSMAN, Defendant-Appellant.

         Appeals from the United States District Court for the Middle District of Florida D.C. Docket No. 6:13-cr-00280-JA-DAB-1

          Before TJOFLAT, HULL, and O'MALLEY, [*] Circuit Judges.

          HULL, Circuit Judge.

          William Edward Osman appeals his restitution order, following his guilty plea to one count of production of child pornography, one count of distribution of child pornography, and one count of possession of child pornography. We affirm.

         I. FACTUAL BACKGROUND

         A. Convictions

         On six separate occasions between December 2012 and September 2013, Osman sexually abused and molested his approximately one-year-old daughter, A.E., and used his cell phone to photograph his sexual abuse. In September 2013, Osman sent some of the child-pornography images he had created of A.E. to another individual, M.G., in exchange for child-pornography images of M.G.'s three-year-old daughter. In October 2013, agents from the Department of Homeland Security executed a search warrant at Osman's residence. Osman admitted to using the internet to search for child pornography; a forensic examination of Osman's electronic devices revealed at least 194 movies and 588 still images of child pornography as well as the images of A.E. and M.G.'s daughter.

         A grand jury charged Osman with: (1) six counts of production of child pornography, in violation of 18 U.S.C. § 2251(a), (e) (Counts 1-6); (2) one count of distribution of child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(B), (b)(1) (Count 7); (3) one count of receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(B), (b)(1) (Count 8); and (4) one count of possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B), (b)(2) (Count 9). Under a plea agreement, Osman pled guilty to one count of production of child pornography (Count 1), one count of distribution of child pornography (Count 7), and one count of possession of child pornography (Count 9). As part of the plea agreement, Osman agreed to make full restitution to A.E. under the Mandatory Restitution for Sexual Exploitation of Children Act, 18 U.S.C. § 2259. The district court sentenced Osman cumulatively to sixty years of imprisonment.

         B. Restitution Hearing

         At the restitution hearing, Osman argued the government's estimate of A.E.'s future counseling needs was speculative, given her very young age. The government acknowledged any estimate of damages and future counseling needs necessarily would be speculative to some extent in a case involving an infant victim but nevertheless asserted restitution was appropriate. In support of its position, the government called Sharilyn Rowland Petrie, a licensed counselor who specialized in work with child victims of sexual abuse and domestic violence.

         Petrie testified she had been a licensed counselor for ten years and approximately eighty percent of her caseload involved victims of child sexual abuse. Petrie further stated she had worked with children at various developmental stages. Petrie testified she met with A.E.'s mother the day before the hearing and discussed some of A.E.'s behavioral characteristics with her. Petrie acknowledged any estimate she could give about A.E.'s future counseling needs would be based on predictions about the care A.E. likely would need, and was, thus, in some sense speculative. But, Petrie testified that her opinion was based on many years of research about the consequences of early adverse life events and her extensive experience counseling victims of abuse.

         Based on her professional experience and understanding of the standard continuum of treatment for a child sexual-abuse victim, Petrie's expert opinion was that A.E. likely will need future treatment. The continuum of treatment Petrie described involves four different, age-appropriate stages. The first is Eye Movement Desensitization and Reprocessing ("EMDR"); second, therapy at the second-grade level (seven or eight years old); third, therapy at puberty; and fourth, therapy when the victim is ready to marry or have a child.

         Petrie explained there are two types of therapies available for victims of childhood sexual trauma-EMDR and cognitive behavioral therapy. Because A.E.'s memories of the abuse initially would be stored in a nonverbal format because of her age at the time of the abuse, Petrie opined A.E. first would need EMDR treatment rather than cognitive behavioral therapy, because EMDR does not require the victim to be able to recall events in narrative form. She explained, however, that young victims often needed additional courses of treatment because it is difficult to identify all of their traumatic memories and triggers. A six-month course of EMDR treatment at a rate of $125 per hour would cost $3, 250.

         Petrie testified A.E. would need another stage of therapy between the ages of seven and eight, around the time she would be in second grade. At that point, A.E. would realize her family was different from other families, begin to have questions, and likely would start to exhibit emotional and behavioral disturbances. At that age, Petrie explained A.E. would be aware of her father's absence from the family and wonder why he was not there. Petrie also noted that, according to A.E.'s mother, A.E. already had begun asking about her father. Petrie further explained that she advises families to provide age-appropriate information to the child about the absent parent, including the reasons for his absence, rather than keep the abuse a secret from the child. Petrie explained that trying to keep the abuse a secret from the child can cause additional trauma when the child inevitably finds out about it later in life. Based on her conversations with A.E.'s mother, Petrie opined that A.E. likely would exhibit greater behavioral problems and require additional therapy at about the time she reaches the second grade. This opinion was, in part, based on the fact that A.E.'s mother told her that A.E. was already experiencing ...


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