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IN RE STAKE CENTER LOCATING, INC.

No. 13-72062.

717 F.3d 1089 (2013)

In re STAKE CENTER LOCATING, INC., Crime Victim. Stake Center Locating, Inc., Petitioner, v. United States District Court for the District of Nevada, Las Vegas, Respondent, Deborah A. DiFrancesco, Defendant-Real Party in Interest, United States of America, Plaintiff-Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2013.

Attorney(s) appearing for the Case

Kenneth P. Childs , Stake Center Locating, Inc., for Petitioner.

Elizabeth Olson White , Appellate Chief and Assistant U.S. Attorney, District of Nevada, for Real Party in Interest United States of America.

Mark B. Bailus , Bailus Cook & Kelesis, Ltd., for Real Party in Interest Deborah DiFrancesco.

Before: HAWKINS, GOULD, and WATFORD, Circuit Judges.

PER CURIAM:

Petitioner Stake Center Locating, Inc., a victim of defendant Deborah DiFrancesco's ("DiFrancesco") crimes, petitions for a writ of mandamus pursuant to 18 U.S.C. § 3771, the Crime Victims Rights Act ("CVRA"). Because we find that the petition for a writ of mandamus is premature, we deny the petition.

DiFrancesco was charged with one count of income tax evasion in violation of 26 U.S.C. § 7201 and three counts of wire fraud in violation...

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