United States Second Circuit

Petition for mandamus seeking recognition as a crime victim and restitution under the Crime Victims Rights Act is denied where the district court did not abuse its discretion in denying petitioner Rendon Galvis' motion to enforce her rights as a victim, as she does not qualify as a crime victim under the Act and is not otherwise entitled to restitution since her son's death was not shown to have been a direct and proximate harm resulting from the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.

Appellate Information

• Decided 04/27/2009
• Published 04/27/2009

Judges

• PER CURIAM:, Before:  KEARSE, SACK, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lee-Anne V. Mulholland (Leo P. Cunningham, on the brief), Wilson Sonsini Goodrich & Rosati, Palo Alto, CA (Roxanna Altholz, International Human Rights Law Clinic, University of California Berkeley School of Law, Berkeley CA, on the brief), for Petitioner., Jesse M. Furman, Assistant United States Attorney (Eric Snyder and Anjan Sahni, Assistant United States Attorneys, on the brief, Katherine Polk Failla, Assistant United States Attorney, of counsel), for Lev L. Dassin, Acting United States Attorney for the Southern District of New York, New York, NY, for Plaintiff.


• For Appellees:
  
• James E. Neuman, New York, NY, for Defendant Murillo-Bejarano.