United States First Circuit

Denial of victims' motion for an order of restitution at defendant's sentencing, arising from a fraudulent investment scheme run by the defendant, is affirmed where: 1) a petition for a writ of mandamus under the CVRA is the exclusive mechanism for appellate review of sentencing orders affecting crime victims' rights; 2) the 72-hour time limit for mandamus review imposed by the CVRA is precatory, not mandatory, such that appellate courts retain authority in appropriate circumstances to consider petitions after the expiration of that deadline; however 3) discretion will not be exercised in this case to convert plaintiffs' direct appeal into a mandamus petition as consideration of the petition on the merits at this late date would be fruitless in light of the CVRA's express concern for finality in criminal sentencing orders.

Appellate Information

• Decided 03/02/2010
• Published 03/02/2010

Judges

Court

• United States First Circuit

Counsel