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IN RE MORNING STAR PACKING CO., LP

No. 13-71048.

711 F.3d 1142 (2013)

In re The MORNING STAR PACKING COMPANY, LP and Liberty Packing Company, LLC, Crime Victims. The Morning Star Packing Company, LP and Liberty Packing Company, LLC, Petitioners, v. United States District Court, Eastern District of California, Sacramento, Respondent, Frederick Scott Salyer, Defendant-Real Party in Interest, United States of America, Plaintiff-Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed March 29, 2013.

Attorney(s) appearing for the Case

Dale Curtis Campbell & Brendan J. Begley , Weintraub Genshlea Chediak Tobin & Tobin Law Corporation, Sacramento, CA, for Petitioners.

Elliot Remsen Peters , Brian L. Ferrall , Jo W. Golub , John Watkins Keker , & Justina K. Sessions , Keker & Van Nest LLP, San Francisco, CA; Malcolm S. Segal , Segal & Kirby LLP, Sacramento, CA, for Defendant-Real Party in Interest.

Jared C. Dolan & Benjamin B. Wagner , Assistant United States Attorneys, Office of the United States Attorney, Sacramento, CA; Anna Tryon Pletcher , United States Department of Justice, Antitrust Division, San Francisco, CA, for Plaintiff-Real Party in Interest.

Before: PREGERSON, GRABER, and BEA, Circuit Judges.

PER CURIAM:

This is a petition for a writ of mandamus filed pursuant to 18 U.S.C. § 3771, the Crime Victims' Rights Act ("CVRA").1

In reviewing CVRA mandamus petitions, we are required not to balance the factors outlined in Bauman v. United States District Court, 557 F.2d 650 (9th Cir.1977). See Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1017...

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