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of a public court proceeding or the right to restitution. In her memorandum, petitioner relies upon In Re Dean, 527 F.3d 391 (5th Cir. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." Id
FTA00206819 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07)15:2008 Page 7 of 8 Section 3771(dX6) provides, in relevant part, that InJothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." The Governme
of a public court proceeding or the right to restitution. In her memorandum, petitioner relies upon In Re Dean, 527 F.3d 391 (5th Cir. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." Id
FTA00235083 Case 9:08-cv-80736-KAM Document 13 Entered on FLSD Docket 07)15:2008 Page 7 of 8 Section 3771(dX6) provides, in relevant part, that InJothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." The Governme
A. Id. The district court rejected the victims' request, and the victims filed a petition for a writ of mandamus in the U. S. Court of Appeals for the Fifth Circuit, pursuant to § 377l (d)(3). ? I Id. Upon review, the Fifth Circuit concluded, as discussed above, that " '[t]here am clearly rights under the CVRA
the crime occurred." Id. § 3771(d)(3). Subsection (dX6), titled "No cause of action," also contains two pertinent provisions. First, it states that InJothing in this chapter shall be construed to authorize a cause of action for damages." Id. § 377I(dX6). Second, and separately, it emphasizes that "[njot
Entities connected to both the Fifth Circuit and InJothing

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PERSONJames Eisenberg
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