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In re: NATHAN SIMONS, Petitioner. |
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Decided and Filed: February 5, 2009
Before: MOORE, CLAY, and GIBBONS, Circuit Judges.
The petitioner seeks a writ of mandamus under 18 U.S.C. § 3771(d)(3) to enforce his rights as a crime victim under the Crime Victims’ Rights Act (the “CVRA”), the Mandatory Victims’ Restitution Act, and the Constitution of the United States. The petition arises out of a criminal proceeding pending in the district court. The defendant in the underlying criminal action, the United States, and the district judge have responded to the petition. The petitioner moves for leave to file a reply memorandum in support of his petition. We permit the filing of the reply memorandum.