Andrich, et al. v. USDC-CASA, et al., No. 11-73630 (9th Cir. 2011)
Annotate this CaseIn a petition for writ of mandamus, petitioners challenged the district court's order denying their motion to intervene and be heard at defendant-real party in interest's sentencing hearing as purported crime victims under the Crime Victims Rights Act (CVRA), 18 U.S.C. 3771. The district court held that the rights provided by the CVRA did not apply to petitioners, and also declined to exercise discretion to hear and consider petitioners' proffered evidence. The court reviewed the record and concluded that petitioners have not met their burden and the trial judge did not clearly err as a matter of law, nor did he abuse his discretion. Accordingly, the court denied the petition for writ of mandamus under either the CVRA or the court's traditional mandamus authority.
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