IN RE: Susan J. BARBER. (2020)

United States Court of Appeals, Ninth Circuit.

IN RE: Susan J. BARBER. Susan J. Barber, Petitioner, v. USDC, San Francisco, Respondent, James B. Catledge; United States of America; Derek F.C. Elliott, Real Parties in Interest.

No. 20-71276

Decided: May 12, 2020

Before: SILVERMAN, NGUYEN, and COLLINS, Circuit Judges.

OPINION

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

We have carefully reviewed the district court record and the arguments of the parties, and hold that the district court did not abuse its discretion in determining the amount of restitution to which Barber is entitled. The district court's finding that the prior civil settlement reduced the amount of Barber's loss was supported by the evidence and was neither an abuse of discretion nor legally erroneous. See Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1017 (9th Cir. 2006).

The petition for a writ of mandamus is denied.

DENIED.

PER CURIAM:

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