NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 13a0297n.06
No. 11-4310
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT FILED
Mar 25, 2013
DEBORAH S. HUNT, Clerk
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, ) ON APPEAL FROM THE
) UNITED STATES DISTRICT
v. ) COURT FOR THE SOUTHERN
) DISTRICT OF OHIO
CHRISTOPHER J. KLEIN, )
)
Defendant-Appellant. ) OPINION
)
)
Before: DAUGHTREY, KETHLEDGE, and DONALD, Circuit Judges.
PER CURIAM. On February 27, 2013, this Court issued its decision in United States v.
Gamble, --- F.3d ----, 2013 WL 692512 (6th Cir. Feb. 27, 2013) (published decision), which
endorsed the use of an apportionment formula in determining the amount of restitution owed to a
victim of child pornography. The district court in the present case considered, but did not employ,
such a formula in awarding restitution; instead, it arrived at a nominal amount of $5,000 with little
explanation.
The nature of restitution is heavily factual, and we lack an adequate record from which we
can discern the propriety of the district court’s award. Accordingly, we VACATE the restitution
order of the district court below and REMAND with instruction to reconsider and recalculate the
restitution amount in light of Gamble.