In re: Crystal Rivers
In re: Crystal Rivers
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-1705
In re: CRYSTAL VL RIVERS,
Petitioner.
On Petition for Writ of Mandamus. (6:18-cv-00061-EKD-JCH)
Submitted: December 4, 2020 Decided: December 29, 2020
Before MOTZ, WYNN, and RUSHING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Crystal VL Rivers, Petitioner Pro Se. Sara Bugbee Winn, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Respondent.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
This case comes before the court on a petition for writ of mandamus filed by Crystal
VL Rivers under the Crime Victims’ Rights Act,
18 U.S.C. § 3771(“CVRA”). The CVRA
applies to crime victims and defines “crime victim” as “a person directly and proximately
harmed as a result of the commission of a Federal offense or an offense in the District of
Columbia.”
18 U.S.C. § 3771(e)(2)(A). A crime victim is entitled to reasonable protection
from the accused, to notice of court proceedings, to participation in court proceedings, to
confer with government counsel, to receive restitution, to proceedings free from
unreasonable delay, and to be treated with fairness.
18 U.S.C. § 3771(a). These rights
must be asserted in the district court and, if the district court denies relief, the movant may
petition the court of appeals for a writ of mandamus.
18 U.S.C. § 3771(d)(3). If such a
petition is filed, “[t]he court of appeals shall take up and decide such application forthwith
within 72 hours after the petition has been filed.”
18 U.S.C. § 3771(d)(3). * If the court of
appeals denies the relief sought, “the reasons for the denial shall be clearly stated on the
record in a written opinion.”
18 U.S.C. § 3771(d)(3).
Rivers previously filed several CVRA motions in the district court, asserting that
she is a victim of various financial frauds and accusing the Government of violating her
right to confer. See
18 U.S.C. § 3771(a)(5). The district court denied relief, concluding,
among other things, that Rivers’ own submissions demonstrated that she had received
ample opportunities to speak with government counsel about the alleged fraud. See Rivers
* Rivers has explicitly waived this requirement.
2 v. United States, No. 6:18-cv-00061-EKD-JCH (W.D. Va., Mar. 9 & 30, 2020). Having
reviewed the record and the petition before us, we agree that Rivers has failed to identify a
CVRA violation. Accordingly, we deny Rivers’ petition, as well as her motion to hold this
matter in abeyance.
PETITION DENIED
3
Reference
- Status
- Unpublished