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Smart Summary

Factual and Procedural Background

In 2020 Austin Koeckeritz met "Jane Doe 1" and she moved into his home. Over about 19 months he allegedly coerced her to broadcast sexual activity online for money, controlled the proceeds through an LLC, and involved a minor ("Jane Doe 2") by encouraging promotional content and taking sexually explicit photos of the two victims. A grand jury charged Koeckeritz with nine counts, including sex trafficking under 18 U.S.C. §§ 1591 and 1594. He pleaded guilty to two sex‑trafficking counts, agreed to forfeiture, waived appeal rights in his plea agreement, and agreed to pay restitution. The district court accepted the plea, sentenced him to 240 months' imprisonment with life supervised release, and ordered $410,042.26 in restitution. Appointed counsel filed an Anders brief moving to withdraw as counsel on appeal; the court granted the motion and dismissed the appeal.

Legal Issues Presented

  1. Whether a challenge to the voluntariness of Koeckeritz's guilty plea survives plain‑error review.
  2. Whether Koeckeritz's appellate waiver bars sentencing challenges and whether any exception applies.
  3. Whether the challenged supervised‑release condition (probation‑officer approval to own recording devices) is overbroad.
  4. Whether the district court erred in calculating and ordering restitution (including tax deductions, medical expenses, valuation of Jane Doe 2's labor, future therapy costs, and offset by forfeiture).
  5. Whether claims of ineffective assistance of counsel or Eighth Amendment violations are properly raised on direct appeal.

Arguments of the Parties

Appellant (Koeckeritz)

  • Disputes the voluntariness of his guilty plea based on mental‑health conditions.
  • Objects that a supervised‑release condition requiring approval to own recording devices is overbroad (could prevent owning a cellphone).
  • Challenges aspects of the restitution order: seeking deduction for taxes on broadcast earnings; contesting inclusion of certain medical expenses; disputing valuation of Jane Doe 2's labor; disputing calculation of future therapy costs; and seeking credit for forfeited assets against restitution.
  • Asserts ineffective assistance of trial counsel and alleges Eighth Amendment violations by prison officials.

Appellee (United States)

  • The government bears the burden to establish restitution by a preponderance of the evidence and defended the district court's restitution calculations and awards.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Anders v. California, 386 U.S. 738, 744 (1967) Procedure for counsel moving to withdraw when counsel believes appeal is frivolous. Grounds for allowing appointed counsel to move to withdraw and limiting review to issues counsel discussed.
United States v. Bey, 748 F.3d 774, 776 (7th Cir. 2014) Permits limiting appellate review to subjects counsel discusses in an Anders brief. Court limited its review to the matters counsel addressed in the Anders submission.
United States v. Larry, 104 F.4th 1020, 1022–23 (7th Cir. 2024) Plain‑error standard where defendant did not move to withdraw plea; appeal‑waiver principles. Explained that without a district‑court motion to withdraw, review of plea voluntariness is plain error and that an appeal waiver stands or falls with the plea.
United States v. Dyer, 892 F.3d 910, 914 (7th Cir. 2018) Pleas by defendants with mental illness are valid if the court determines the defendant can understand and participate. Supported conclusion that the plea was knowing and voluntary despite mental‑health assertions because the court asked about medication and defendant said it did not affect decision‑making.
United States v. Barr, 960 F.3d 906, 917 (7th Cir. 2020) Colloquy testimony from a defendant is presumed truthful for Rule 11 purposes. Court relied on the presumption that Koeckeritz's statements at the plea colloquy were true, making an involuntariness claim frivolous.
United States v. Nulf, 978 F.3d 504, 506 (7th Cir. 2020) Appeal‑waiver doctrine: waiver stands or falls with the plea agreement. Quoted in assessing enforceability of the appellant's waiver of appellate rights.
United States v. Kappes, 782 F.3d 828, 837–38, 857–58 (7th Cir. 2015) District court must justify supervised‑release terms under § 3553(a) and has wide discretion; reasonableness presumption for probation‑officer implementation. Supported the court's deference to the life term of supervised release and the presumption that the probation officer will apply recording‑device restrictions reasonably.
United States v. Shannon, 851 F.3d 740, 744–45 (7th Cir. 2017) Standard for when supervised‑release conditions are overbroad. Applied to conclude the recording‑device condition was not an unreasonable deprivation of liberty given the risk of re‑offense.
United States v. Warren, 843 F.3d 275, 281 (7th Cir. 2016) Presumption that probation officers will impose conditions reasonably; cited in overbreadth analysis. Reinforced deference to the district court's condition and to reasonable probation‑officer implementation.
United States v. Shah, 665 F.3d 827, 839 (7th Cir. 2011) Restitution claims are generally outside the scope of an appellate waiver. Explained why restitution remained appealable despite the appellate waiver covering imprisonment.
United States v. Alverez, 21 F.4th 499, 502–03 (7th Cir. 2021) Standard of review for restitution: statutory‑authority de novo; calculation for abuse of discretion. Outlined the court's standard of review for the restitution issues raised.
United States v. Robl, 8 F.4th 515, 527 (7th Cir. 2021) Government's burden to establish restitution amount by a preponderance of the evidence. Used to describe the government's burden in defending the restitution award.
United States v. Macias, 927 F.3d 985, 989 (7th Cir. 2019) Discusses waiver of objections to restitution when a defendant drops objections in district court. Supported conclusion that Koeckeritz waived certain objections to medical‑expense awards.
United States v. Griffin, 76 F.4th 724, 749 (7th Cir. 2023) Distinguishes relevant‑conduct test from the proximate‑cause test for restitution scope under § 1593. Court noted the district court used a relevant‑conduct test in error but concluded proximate‑cause analysis still supported inclusion of Jane Doe 2's labor value.
United States v. Malone, 747 F.3d 481, 485 (7th Cir. 2014) Under § 3664(f)(1)(B), courts consider victim's value lost and not amounts returned through insurance. Supported the district court's limitation in calculating future therapy costs.
United States v. Dickey, 52 F.4th 680, 687–88 (7th Cir. 2022) Permits awards for prospective losses (e.g., future therapy) despite uncertainty. Supported the district court's reasonable estimate of future therapy (1.5 sessions/week for one year).
United States v. Venturella, 585 F.3d 1013, 1019–20 (7th Cir. 2009) Explains that forfeiture and restitution serve different purposes and generally go to different parties. Used to reject an argument that forfeited assets should offset restitution.
United States v. Emerson, 128 F.3d 557, 566–67 (7th Cir. 1997) Addresses relationship between forfeiture and restitution and limits on offsets. Further supported the conclusion that forfeiture need not offset restitution.
United States v. Cates, 950 F.3d 453, 456–57 (7th Cir. 2020) Ineffective‑assistance claims are generally better raised on collateral review. Used to explain why the ineffective‑assistance claim was not pursued on direct appeal.
Massaro v. United States, 538 U.S. 500, 504–05 (2003) Supreme Court authority supporting that ineffective‑assistance claims may be raised in collateral proceedings. Cited to justify deferring ineffective‑assistance claims to collateral review.
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) Establishes the federal‑law civil‑rights remedy for certain constitutional violations by federal officials. Invoked to explain that Eighth Amendment prison‑conditions claims belong in a civil‑rights action rather than a criminal appeal.

Court's Reasoning and Analysis

The court limited its review to the subjects counsel discussed in the Anders brief and Koeckeritz's additional filings. It addressed four principal areas:

  1. Guilty plea. Because Koeckeritz did not move to withdraw his plea in district court, review is for plain error. The plea colloquy substantially complied with Rule 11(b): the court confirmed understanding of charges, penalties, trial rights, and consequences. The court asked about mental‑health treatment and medication, and Koeckeritz stated they did not affect his decision. Citing precedent, the court presumes colloquy statements true; therefore a claim the plea was involuntary would be frivolous.
  2. Sentencing and supervised release. The appellate waiver bars challenges to the term of imprisonment unless the waiver is invalid for constitutional reasons or the sentence exceeds statutory maximums — neither applies. The waiver does not reach restitution. The district court adequately justified life supervised release under § 3553(a) factors given the risk of re‑offending. The condition requiring probation‑officer approval to own a recording device is not overbroad because the court reasonably tied it to public‑safety goals and presumes probation officers will apply it reasonably.
  3. Restitution. Restitution is mandatory under 18 U.S.C. § 1593(a) and is reviewable on appeal. The court applied the standard of review (statutory authority de novo; calculation for abuse of discretion) and noted the government's burden by a preponderance. It considered and rejected five specific challenges: (1) taxing broadcast earnings — statute requires "gross" amounts so tax deductions conflict with § 1593; (2) medical expenses — certain objections were waived after district‑court concessions; (3) valuation of Jane Doe 2's labor — although the district court used a relevant‑conduct approach in error, proximate‑cause analysis still supported inclusion; (4) future therapy — the court permissibly awarded a reasonable estimate (1.5 sessions/week for one year); (5) offset by forfeiture — forfeiture and restitution serve different purposes and the statute requires separate satisfaction, so forfeiture does not offset restitution.
  4. Other claims. Ineffective‑assistance claims are more appropriately pursued in collateral proceedings where the record can be developed. Alleged Eighth Amendment violations by prison officials should be raised in a civil‑rights action (Bivens), not on direct criminal appeal.

Holding and Implications

DISPOSITION: The court GRANTED counsel's motion to withdraw under Anders and DISMISSED the appeal. The court also DENIED Koeckeritz's pending motions as unnecessary.

Implications: The direct practical effect is dismissal of the appeal and allowance for counsel to withdraw. The restitution order remains appealable in principle but the court found the specific challenges frivolous. The disposition is labeled "NONPRECEDENTIAL," and the opinion does not announce new binding precedent.

United States v. Austin Koeckeritz

United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604

Submitted November 7, 2025 Decided November 10, 2025

Before

FRANK H. EASTERBROOK, Circuit Judge KENNETH F. RIPPLE, Circuit Judge DORIS L. PRYOR, Circuit Judge No. 24-3039

UNITED STATES OF AMERICA,

Plaintiff-Appellee, v.

AUSTIN KOECKERITZ,

Defendant-Appellant. Appeal from the United States District Court for the Western District of Wisconsin.

No. 23-cr-5-jdp

James D. Peterson,

Chief Judge.

O R D E R

After Austin Koeckeritz pleaded guilty to two sex-trafficking charges, he was sentenced to 240 months in prison and ordered to pay over $400,000 in restitution. He appeals, but his appointed counsel asserts the appeal is frivolous and moves to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967). Counsel's brief details the nature of the case and discusses issues that an appeal of this kind might be expected to involve. Because counsel's analysis appears thorough, we limit our review to the subjects that counsel discusses, United States v. Bey, 748 F.3d 774, 776 (7th Cir. 2014),

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with FED. R. APP. P. 32.1

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plus additional issues that Koeckeritz raises in response, see CIR. R. 51(b). We grant the motion and dismiss the appeal.

Background

In 2020, Koeckeritz met a woman ("Jane Doe 1") on Facebook, and she moved into his home in Wisconsin two weeks later. The relationship soon deteriorated when Koeckeritz prevented her from seeing friends and family, monitored her online activity, and became physically aggressive. Koeckeritz's behavior made Jane Doe 1 feel unable to leave the relationship. While living together, Koeckeritz directed Jane Doe 1 to broadcast sexual activity online in exchange for money for a period of about 19 months. Koeckeritz controlled the money she made through a limited liability company. A minor ("Jane Doe 2") frequently spent time at Koeckeritz's home while Jane Doe 1 was living there. Koeckeritz showed Jane Doe 2 the broadcasts and told her she should move in so that he could help her make money. Koeckeritz proposed a plan to Jane Doe 2 for her to post sexually suggestive content promoting Jane Doe 1's broadcasts. Koeckeritz purchased props for Jane Doe 2 to use in her videos and instructed her to post promotional social media content. He also took sexually explicit photos of Jane Doe 1 and Jane Doe 2 together to sell online.

A grand jury charged Koeckeritz with nine counts, including sex trafficking of Jane Doe 1 by force, fraud, or coercion and sex trafficking of Jane Doe 2, a minor,

18 U.S.C. §§ 1591(a)(1), (b)(1), (b)(2), (c), 1594(a). Koeckeritz pleaded guilty to two sex-trafficking charges and agreed to forfeit funds related to the charges. See id. § 1594(d). In the plea agreement, he waived his right to appeal his conviction and any sentence of imprisonment and agreed to pay restitution. At the change-of-plea hearing, Koeckeritz confirmed that he understood the charges and the rights he was waiving. He also acknowledged that he faced a minimum term of 15 years' imprisonment for the trafficking of Jane Doe 2 and 10 years' imprisonment for the trafficking of Jane Doe 1 and a maximum penalty of life in prison. See id. § 1591(b)(1)-(2). The district court accepted the plea after finding it was knowing and voluntary and that there was an adequate factual basis.

At the sentencing hearing, the district court adopted the presentence investigation report and imposed a within-guidelines sentence of 240 months' imprisonment and a life term of supervised release. At a separate hearing, the court ordered restitution in the amount of $410,042.26, including the revenue from

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Jane Doe 1's broadcasts, medical expenses for Jane Doe 1, the value of Jane Doe 2's labor, and future therapy costs for Jane Doe 2.

Analysis A. Guilty Plea

Counsel first informs us that Koeckeritz does not wish to withdraw his guilty plea, but Koeckeritz's response disputes the voluntariness of his plea. Regardless, such a challenge would be frivolous. Because Koeckeritz did not move in the district court to withdraw his plea, our review would be limited to plain error. United States v. Larry,

104 F.4th 1020, 1022 (7th Cir. 2024). The transcript of the plea colloquy shows that the court substantially complied with the requirements of Rule 11(b) and thus ensured the plea was knowing and voluntary. See id. The court confirmed Koeckeritz understood the nature of the charges, the minimum and maximum penalties, the trial rights he was waiving, and the consequences of his plea. See F ED. R. CRIM. P. 11(b)(1)(A)-(O). Koeckeritz argues that his mental-health conditions interfered with his judgment. But the district court asked at the hearing whether Koeckeritz's antidepressants or untreated mental-health conditions might affect his decision-making, and he replied that they would not. See United States v. Dyer, 892 F.3d 910, 914 (7th Cir. 2018) (explaining pleas by defendants with mental illnesses are valid if court determines defendant can understand and participate in proceedings). Because we presume that Koeckeritz was telling the truth at the colloquy, see United States v. Barr,

960 F.3d 906, 917 (7th Cir. 2020), any argument that his plea was involuntary would be frivolous.

B. Sentencing

Counsel next determines correctly that the appeal waiver would foreclose any challenge to Koeckeritz's sentence. "An appeal waiver 'stands or falls with the underlying agreement and plea.'" Larry, 104 F.4th at 1023 (quoting United States v. Nulf,

978 F.3d 504, 506 (7th Cir. 2020)). Because Koeckeritz pleaded guilty voluntarily and knowingly, the waiver is enforceable unless the court considered a constitutionally impermissible factor or the sentence exceeded the statutory maximum. See id. And neither is the case here.

The waiver applies only to a sentence of imprisonment, so counsel considers and appropriately rejects a challenge to the term and conditions of supervised release. The

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district court must justify the term of supervised release by stating reasons related to the factors listed in 18 U.S.C. § 3553(a) and has wide discretion in determining the conditions of supervised release. United States v. Kappes, 782 F.3d 828, 837-38 (7th Cir. 2015). Here, when imposing a life term of supervised release, the court noted Koeckeritz's personality traits that put him at risk of re-offending and the need to protect the community. Koeckeritz objected to a special condition that requires approval from his probation officer to own a recording device. He argued that the condition is overbroad because it could prevent him from owning a cellphone, which has become an essential part of everyday life.

Conditions of supervised release are overbroad if they "involve a greater deprivation of liberty than is reasonably necessary to achieve the goals of deterrence, incapacitation, and rehabilitation." United States v. Shannon, 851 F.3d 740, 744-45 (7th Cir. 2017) (quoting United States v. Warren, 843 F.3d 275, 281 (7th Cir. 2016)). When evaluating a condition like this one that requires the defendant to seek a probation officer's permission, we presume the officer will impose the condition in a reasonable manner. Warren, 843 F.3d at 281 (citing Kappes, 782 F.3d at 857-58). Given the underlying facts in this case and the district court's conclusion that Koeckeritz is at risk of re-offending, it would be frivolous to argue that requiring Koeckeritz to obtain permission before owning a recording device involves a deprivation of liberty greater than reasonably necessary to prevent him from committing future offenses.

C. Restitution

Counsel lastly considers whether any non-frivolous challenge to the court's calculation and imposition of restitution is available. Restitution falls outside the scope of the appeal waiver, so Koeckeritz retains the right to appeal this issue. See United States v. Shah, 665 F.3d 827, 839 (7th Cir. 2011). We would review the district court's statutory power to order restitution de novo and its calculation of restitution for abuse of discretion, viewing the evidence in the light most favorable to the government. United States v. Alverez, 21 F.4th 499, 502-03 (7th Cir. 2021). The government bears the burden of establishing the amount of restitution by a preponderance of the evidence. United States v. Robl, 8 F.4th 515, 527 (7th Cir. 2021).

Restitution is mandatory for Koeckeritz's convictions. See 18 U.S.C. § 1593(a). So an argument that the district court lacked authority to order it would be frivolous. Counsel considers and rejects five arguments that Koeckeritz raised in the district court about the amount of restitution. We agree that each would be frivolous.

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First, counsel considers whether Koeckeritz could challenge the district court's refusal to deduct taxes that he paid on the broadcast earnings. Koeckeritz is required to pay "the full amount of the victim's losses" plus "the greater of the gross income or value to the defendant of the victim's services or labor." 18 U.S.C. § 1593(b)(3). An argument that the district court should have only considered net earnings conflicts with the plain language of the statute. See Gross, B LACK'S LAW DICTIONARY (12th ed. 2024) (defining "gross" to mean "undiminished by deduction"). What Koeckeritz decided to do with his gains does not affect what he owes under § 1593, so counsel correctly concludes any argument for deducting taxes would be frivolous. Second, counsel concludes, and we agree, that Koeckeritz waived any argument about medical expenses for Jane Doe 1. See United States v. Macias, 927 F.3d 985, 989 (7th Cir. 2019). After the district court agreed that Koeckeritz already had paid the medical expenses Jane Doe 1 incurred during the time she was broadcasting, Koeckeritz dropped his objection to including medical expenses she incurred after that time in the restitution amount. See 18 U.S.C. §§ 1593(b)(3), 2259(c)(2)(A). Third, counsel considers and rejects an argument that the district court miscalculated the value of Jane Doe 2's labor in creating social media posts. See 18 U.S.C. § 1593(b)(3). Counsel correctly points out that the district court erroneously used the relevant-conduct test to determine whether Jane Doe 2's labor was within the scope of restitution instead of the narrower proximate-cause test, which looks to only the offense of conviction. See United States v. Griffin, 76 F.4th 724, 749 (7th Cir. 2023). But under the proximate-cause test the result is the same: As part of his trafficking of Jane Doe 2, Koeckeritz enticed her into posting sexually suggestive content, so he received the value of her labor as a direct result of the offense of conviction. An argument that the court improperly included the value of her labor in the restitution order as required by § 1593 would be frivolous. Fourth, counsel discusses whether Koeckeritz could challenge the calculation of the cost of Jane Doe 2's future therapy. See 18 U.S.C. §§ 1593(b)(3), 2259(c)(2)(A). But as counsel recognizes, the district court correctly limited its considerations under 18 U.S.C. § 3664(f)(1)(B) to the value lost by the victim and not any value returned through insurance. See United States v. Malone, 747 F.3d 481, 485 (7th Cir. 2014). And though an award for prospective losses, such as future therapy, is necessarily uncertain, the district court may still order it. United States v. Dickey, 52 F.4th 680, 687 (7th Cir. 2022). Jane Doe 2's therapist testified that Jane Doe 2 would need 1 to 2 sessions per week for

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one year. The district court ordered restitution for 1.5 sessions per week for one year. It would be frivolous to argue this determination was an abuse of discretion. See id. at 688. Fifth, counsel informs us Koeckeritz would like to argue that the value of his forfeiture should be credited toward his restitution to avoid double recovery. But restitution and forfeiture serve different purposes and generally go to different parties. See United States v. Venturella, 585 F.3d 1013, 1019-20 (7th Cir. 2009). Here the victims recover restitution, and the government recovers forfeited funds. While 18 U.S.C. § 1594(f)(1) requires the Attorney General to transfer forfeited assets to victims, the plain text specifies that requirement only applies "to satisfy victim restitution orders."

A defendant remains responsible for satisfying the full restitution amount using non- forfeited assets and must reimburse the Attorney General for any transfer. Id. § 1594(f)(3). Because the statute requires Koeckeritz to satisfy the restitution and forfeiture orders separately, an argument that the restitution amount should be offset by the forfeiture would be frivolous. See United States v. Emerson, 128 F.3d 557, 566-67 (7th Cir. 1997).

D. Remaining Arguments

Koeckeritz asks us to consider whether he received ineffective assistance from his trial counsel. But a claim that counsel was ineffective is best saved for collateral review, where the record can be more fully developed. See United States v. Cates, 950 F.3d 453, 456-57 (7th Cir. 2020) (citing Massaro v. United States, 538 U.S. 500, 504-05 (2003)). He also asks us to consider whether prison officials have violated his rights under the Eighth Amendment. But a civil-rights action, not a criminal appeal, is the proper vehicle for that claim. See Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,

403 U.S. 388 (1971).

* * *

We GRANT counsel's motion to withdraw and DISMISS the appeal. We DENY Koeckeritz's pending motions as unnecessary.

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United States v. Austin Koeckeritz
(Nov 10, 2025)