Usdc-Sac

This is a petition for a writ of mandamus filed pursuant to 18 U.S.C. § 3771 , the Crime Victims’ Rights Act (“CVRA”).

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

On February 22, 2013, the district court denied restitution to petitioners “Amy” and “Vicky.” Petitioners challenge this denial. Petitioners contend the district court erred in applying United States v. Kennedy, 643 F.3d 1251 (9th Cir.2011). In Kennedy , this court required a proximate causation between the defendant’s offense conduct and the victim’s losses. See id. at 1263 . Petitioners also claim that the district court erred in not awarding them any restitution.

Petitioners urge us to overrule Kennedy on the ground that 18 U.S.C. § 2259 does not impose a general proximate cause requirement. Petitioners note that the Fifth Circuit, sitting en banc, recently held:

In re Unknown, 701 F.3d…