In re Simons

1 Citing case

  1. United States v. Aguirre-González

    597 F.3d 46 (1st Cir. 2010)   Cited 29 times
    Recognizing "the baseline rule is that crime victims, as non-parties, may not appeal a defendant's criminal sentence"

    The CVRA was in force when appellants elected to pursue a direct appeal rather than petition for the writ as provided by statute, and more than two years have passed since the district court sentenced Aguirre. Under these circumstances, we conclude that appellants would not be entitled to mandamus relief regardless of whether we applied the exacting standard of review governing traditional petitions for the writ, see In re Dean, 527 F.3d 391, 394 (5th Cir. 2008) (applying traditional mandamus standard to petition under CVRA); In re Antrobus, 519 F.3d at 1125 (same), or the more lenient, abuse of discretion standard which some courts have found appropriate when considering crime victims' petitions under the CVRA, see In re W.R. Huff Asset Mgmt. Co., 409 F.3d 555, 562-63 (2d Cir. 2005) (applying abuse of discretion standard); Kenna, 435 F.3d at 1017 (Ninth Circuit, same); see also In re Simons, 567 F.3d 800, 801 (6th Cir. 2009) (noting the "split of authority among the circuit courts as [to] whether a petition for a writ of mandamus under the CVRA is reviewed under the traditional standard applied to petitions under the All Writs Act or a more lenient, appellate-review standard"). Thus, because conversion of this appeal into a mandamus petition would be futile, we decline to exercise our discretion to do so.