govinfo:USCOURTS-ksd-6_12-cr-10174-20

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF KANSAS 
 
 
  
UNITED STATES OF AMERICA, 
  Plaintiff,  
 
 vs.       No. 12-10174-JTM 
 
PHILIP ANDRA GRIGSBY,  
  Defendant. 
 
 
 
 
MEMORANDUM AND ORDER 
 
 Defendant Philip Andra Grigsby pled guilty to eight counts of sexual exploitation 
of a child  and was sentenced to a lengthy term of imprisonment  and ordered to pay 
substantial restitution. (Dkt. 78). This court and the Tenth Circuit have denied numerous 
subsequent challenges by defendant to his conviction and the restitution order. (Dkt. 173, 
255, 296, 333). Grigsby now moves (Dkt. 338) the court to modify the restitution order so 
that payments would be made directly to the victim, who was nine years old at the time 
of the crime but has now achieved her majority.  
 The court hereby strikes the motion, in which Grigsby assumes for himself the role 
of a representative of the interests of the victim. Both 18 U.S.C. § 2259(c)(4) and 18 U.S.C. 
§ 3771(e)(2)(B) exp ressly prohibit a criminal defendant from acting as a guardian or 
representative on behalf of a minor victim. Under the later provision in the Crime Victim 
Case 6:12-cr-10174-JWB     Document 340     Filed 01/12/21     Page 1 of 2
2 
 
Rights Act, defendant cannot assert the rights of his victim. See United States v. Grigsby , 
784 F. App'x 592, 595 (10th Cir. 2019) (“nor does he [Grigsby] have standing to assert her 
rights in any event”).  
 IT IS ACCORDINGLY ORDERED this day of January, 2021, that the defendant’s 
Motion to Modify Restitution is hereby struck for lack of standing. 
   
 
 
      s/ J. Thomas Marten 
      J. Thomas Marten, Judge 
 
Case 6:12-cr-10174-JWB     Document 340     Filed 01/12/21     Page 2 of 2

Passage view · GavelSight