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KENNA v. U.S. DIST. COURT FOR C.D. CAL.

No. 05-73467.

435 F.3d 1011 (2006)

W. Patrick KENNA, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2006.

Attorney(s) appearing for the Case

Steven J. Twist, Scottsdale, AZ; Keli B. Luther, Crime Victims Legal Assistance Project, Tempe, AZ; John A. Case, Jr., Law Offices of John A. Case, Jr., Los Angeles, CA; for Petitioner.

The Honorable John F. Walter, Los Angeles, CA, Respondent.

Viet D. Dinh, Wendy J. Keefer, Bancroft Associates PLLC, Washington, DC; Richard Stone, Hogan & Hartson L.L.P., Los Angeles, CA; H. Christopher Bartolomucci, Hogan & Hartson L.L.P., Washington, DC; for Amici Curiae United States Senators Jon Kyl and Dianne Feinstein.

Assistant United States Attorney R. Stephen Kramer was present at oral argument on behalf of the United States and answered questions, but did not file a brief or take a position on the merits.

Before GOODWIN, FRIEDMAN and KOZINSKI, Circuit Judges.

Opinion by Judge KOZINSKI; Dubitante by Judge FRIEDMAN

KOZINSKI, Circuit Judge.

We consider whether the Crime Victims' Rights Act, 18 U.S.C. § 3771, gives victims the right to allocute at sentencing.

Facts

Moshe and Zvi Leichner, father and son, swindled scores of victims out of almost $100 million. While purporting to make investments in foreign currency, they spent or concealed the funds entrusted to

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