Kenna

Kenna v. United States District Court for the Central District

Good Law
453 F.3d 1136·2006 WL 1897095
United States Court of Appeals for the Ninth CircuitJuly 5, 200606-73352California370 words

Opinion

Opinion

OPINION AND ORDER

This is a petition for a writ of mandamus pursuant to the Crime Victims Rights Act, 18 U.S.C. § 3771 (“CVRA”). Under the CVRA, we must decide this petition “within 72 hours after the petition has been filed.” 18 U.S.C. § 3771 (d)(3); Kenna I, 435 F.3d at 1018. Moreover, if we deny the relief sought, “the reasons for the denial shall be clearly stated on the record in a written opinion.” 18 U.S.C. § 3771 (d)(3).

Petitioner W. Patrick Kenna (“Kenna”) requests that we order the district court to release the entire presentence report (“PSR”) of criminal defendant Zvi Leichner to him. The district court rejected Kenna’s argument that § 3771 of the CVRA confers a general right for crime victims to obtain disclosure of the PSR. Failing to find support for Kenna’s argument in either the language of the statute or the legislative history, we agree. See, e.g., 150 Cong. Rec. S. 4260, 4268 (2004). Additionally, the district court found that Kenna has not demonstrated that his reasons for requesting the PSR outweigh the confidentiality of the report under the traditional “ends of justice” test. See United States v. Anzalone, 886 F.2d 229, 233 (9th Cir.1989); see also…

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