Vince Andrich v. United States District Court for the Central District of California

This is a petition for a writ of mandamus filed pursuant to 18 U.S.C. § 8771 , the Crime Victims Rights Act (“CVRA”). Petitioners challenge the district court’s order denying their motion to intervene and be heard at defendant-real party in interest Kirk McMahan’s sentencing hearing as purported crime victims under the CVRA. The district court held the rights provided by the CVRA did not apply to petitioners, and also declined to exercise discretion to hear and consider petitioners’ proffered evidence. Petitioners assert that this court should issue a writ under the CVRA or under this court’s traditional mandamus authority under 28 U.S.C. § 1651 . Both real parties in interest, defendant Kirk McMahan and the United States, oppose the petition.

When reviewing a petition for a writ of mandamus, the court is generally guided by the five factors outlined in Bauman v. United States Dist. Court, 557 F.2d 650, 654-55 (9th Cir.1977): (1) the party seeking the writ has no other adequate means, such as a direct appeal, to attain the relief he or she desires; (2) the petitioner will be damaged or prejudiced in a way not correctable on appeal; (3) the distriet court’s order is…