Susan Barber v. Usdc, San Francisco

957 F.3d 1381

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 12, 2020
• Docket: 20-71276
• Status: Published

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 12 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

In re: SUSAN J. BARBER. No. 20-71276 ______________________________ D.C. No. SUSAN J. BARBER, 3:12-cr-00678-MMC-1

Petitioner, OPINION v.

USDC, SAN FRANCISCO,

Respondent,

JAMES B. CATLEDGE; UNITED STATES OF AMERICA; DEREK F.C. ELLIOTT,

Real Parties in Interest.

Petition for Writ of Mandamus to the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding

Submitted May 11, 2020 * San Francisco, California

Before: SILVERMAN, NGUYEN, and COLLINS, Circuit Judges.

PER CURIAM:

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). This is a petition for a writ of mandamus filed pursuant to the Crime

Victims’ Rights Act (“CVRA”), 18 U.S.C. § 3771.

We have carefully reviewed the district court record and the arguments of

the parties, and hold that the district court did not abuse its discretion in

determining the amount of restitution to which Barber is entitled. The district

court's finding that the prior civil settlement reduced the amount of Barber's loss

was supported by the evidence and was neither an abuse of discretion nor legally

erroneous. See Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1017 (9th Cir. 2006).

The petition for a writ of mandamus is denied.

DENIED.