No. 08-20125.

527 F.3d 391 (2008)

In Re: Alisa DEAN; Ralph Dean; Racy Donaie; Tyrone Smith; Ronald Duhan; Mary Ann Duhan; Michael Jordan; Kelly Porter; Henry Rivera; Maria Rivera; Sandra Thomas; Calvin Thomas, Petitioners.

United States Court of Appeals, Fifth Circuit.

May 7, 2008.

Attorney(s) appearing for the Case

Paul G. Cassell, University of Utah School of Law, Salt Lake City, UT, Rene Marie Haas, David L. Perry, Perry & Haas, Corpus Christi, TX, Brent Wayne Coon, Provost Umphrey, Beaumont, TX, W. Mark Lanier, The Lanier Law Firm, Edward A. Mallett, Mallett Guiberson Saper, Houston, TX, for Petitioners.

Douglas Beloof, Margaret Ann Garvin, Nat. Crime Victim Law Inst., Portland, OR, for Nat. Crime Victim Law Inst., Amicus Curiae.

John Smeltzer, U.S. Dept. of Justice, Envir. & Natural Resources Div., Washington, DC, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Carol Eggert Dinkins, George O. Wilkinson, Vinson & Elkins, Houston, TX, for BP Products North America, Inc.

Before SMITH, BARKSDALE and ELROD, Circuit Judges.


In the related criminal proceeding, twelve of the victims asked the district court to reject the plea agreement, alleging violations of the Crime Victims' Rights Act ("CVRA"), 18 U.S.C. § 3771. The district court denied the request. See United States v. BP Prods. N. Am. Inc., No. H-07-434, 2008 WL 501321, 2008 U.S. Dist. LEXIS 12893 (S.D.Tex. Feb. 21, 2008). The victims petition for writ of mandamus with the prayer that "[t]he decision of the...

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