United States Ninth Circuit

Petition for a writ of mandamus filed pursuant the Crime Victims' Rights Act seeking restitution for losses attributable to defendant's actions for which he was convicted is granted, where: 1) the district court committed legal error in denying restitution because of defendant's claimed financial status and the potential availability of civil remedies; and 2) the record is unclear as to whether the district court conducted the balancing test required and determined from facts on the record that the burden on the sentencing process of determining restitution would outweigh the need to provide restitution to victims.

Appellate Information

• Decided 03/29/2013
• Published 03/29/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel