United States Second Circuit

Petition for mandamus brought under the provisions of the Crime Victims' Rights Act and the Mandatory Victims Restitution Act seeking recognition as a crime victim and restitution for payments required under certain collective bargaining agreements is denied where the district court did not abuse its discretion in finding that Local 46 was not a crime victim as defined by the CVRA and the MVRA, as the conspiracy charge to which Doherty pled guilty did not encompass the activity of which Local 46 was a victim.

Appellate Information

• Decided 06/09/2009
• Published 06/09/2009

Judges

• PER CURIAM:, Before:  JACOBS, Chief Judge, STRAUB and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Andrew J. Weinstein, Weinstein & Mazurek PLLC, New York, NY, for Petitioner.


• For Appellees:
  
• Peter A. Norling, Chief, Appeals Division, and Burton T. Ryan, Assistant United States Attorney on the brief, for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee., James O. Druker, Kase & Druker, Garden City, NY, for Defendant-Appellee Charles Doherty.