Epstein Secrets

to interpret CVRA); United States v. Cienfuegos, 462 F.3d 1160, 1165 (9th Cir. 2006) (same); United States v. Degenhardt, 405 F. Supp. 2d 1341, 1344 (D. Utah 2006) (same); United States v. Ingrassia, 2005 WE 2875220 (E.D.N_Y. 2005) (same). 94 28 U.S.C. § 2072(b) (2006). °° CVRA Subcommittee Memo, supra n

06), but in practice the reported cases under the CVRA thus far show few examples where the government has been willing to do so. See, e.g., Kenna v. U.S. Dist. Court for the Cent. Dist. of Cal., 435 F.3d 1011, 1018 (9th Cir. 2006) (victims' assertion of right affirmed; government does not take a position on t

t stage." 1° 157 Proposed Amendments, supra note 71, R. 60(a)(3), at 15-16. 158 Compare United States v. Degenhardt, 405 F. Supp. 2d 1341, 1345-46 (D. Utah 2005) (finding that a victim must be heard orally at sentencing), and United States v. Turner, 367 F. Supp. 2d 319, 333 (E.D.N.Y. 2005) (noting in di

ered useless because the victim never knew of the proceeding at which the right had to be asserted."). 133 See United States v. Guevara-Toloso, 2005 U.S. Dist. LEXIS 9762 (E.D.N.Y. 2005) (noting that CVRA requires notice to victims of the crime charged against the defendant but not notice to victims of any p

thdrawn if the CVRA was passed). 224 18 U.S.C. 3663A, 3664 (2000). 25 Td. 3663, 3664. See generally United States v. Bedonie, 317 F. Supp. 2d 1285 (D. Utah 2004) (discussing different statutes), rev'd on other grounds, United States v. Serawop, 410 F.3d 656 (10th Cir. 2005). 26 18 U.S.C. 3663A(a)(1) (em

interests of justice standard); United States v. Charmer Indus., Inc., 711] F.2d 1164, 1174 (2d Cir. 1983) (compelling need standard). 68 See, e.g., D. Utah Crim. Local R. 32-1(c) (presentence reports not released without order of the court). DAVID SCHOEN HOUSE_OVERSIGHT_017751 --- PAGE BREAK --- Page

ctims' rights and ensure their involvement in the criminal justice process. United States v. Moussaoui, 483 F.3d 220, 234 (4th Cir. 2007); Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1016 (9th Cir. 2006) ("The [CVRA] was enacted to make crime victims full participants in the criminal justice system."). The s

pe of communication between prosecutors and victims that was intended by the passage of the CVRA. See United States v. Heaton 458 F. Supp. 2d 1271 (D. Utah 2006)(government motion to dismiss charge of using facility of interstate commerce to entice minors to engage in unlawful sexual activity would not

ctims' rights and ensure their involvement in the criminal justice process. United States v. Moussaoui, 483 F.3d 220, 234 (4th Cir. 2007); Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1016 (9th Cir. 2006) ("The [CVRA] was enacted to make crime victims full participants in the criminal justice system."). The s

pe of communication between prosecutors and victims that was intended by the passage of the CVRA. See United States v. Heaton 458 F. Supp. 2d 1271 (D. Utah 2006)(government motion to dismiss charge of using facility of interstate commerce to entice minors to engage in unlawful sexual activity would not