K.K.

K.K. v. United States District Court for the District of Hawaii

Good Law
756 F.3d 1169·2014 WL 2937488·2014 U.S. App. LEXIS 12402
United States Court of Appeals for the Ninth CircuitJuly 1, 201414-71875California358 words

Opinion

Opinion

This is a petition for a writ of mandamus filed pursuant to 18 U.S.C. § 3771 , the Crime Victims’ Rights Act (“CVRA”). Petitioner, a victim of a mailbox theft crime, challenges district court orders issued on June 13, and June 18, 2014, denying in part motions to quash two subpoenas duces tecum whose issuance defendant has requested under Federal Rule of Criminal Procedure 17(c)(3).

In reviewing CVRA mandamus petitions, we are not required to balance the factors outlined in Bauman v. United States District Court, 557 F.2d 650 (9th Cir.1977). See Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1017 (9th Cir.2006). Rather, this court “must issue the writ whenever we find that the district court’s order reflects an abuse of discretion or legal error.” Id.

The district court did not abuse its discretion or commit legal error in denying the motions to quash. The information sought by defendant meets the standard for issuing a Rule 17(c) subpoena. See United States v. Nixon, 418 U.S. 683, 699-700 , 94 S.Ct. 3090 , 41 L.Ed.2d 1039 (1974) (stating standard). Furthermore, in ordering production of the requested documents, the district court appropriately balanced the victim’s privacy…

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