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Corpus: 1990-03-17 – 2025-12-01

April 2021

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results for “"377I"”

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EFTA00074599Set 9

2021-04-1569p52,989w

ensure" that the victim is afforded a more limited set ofrights. for damages." Id. § 377I(dX6). Second, and separately, it Id. § 3771(b)(2). emphasizes that "[njothing in this chapter ... specifies that a crime victim's vehicle for "assert[ing]" her CVRA rights Section 377I (b) is the only provision of the CVRA that is a "[m]otion for relief ... pleading." Garner's Dictionary court of appeals for a writ of mandamus." I8 U.S.C. § 377I (d) (3). The subsection then directs the court of appeals (at least ofLegal Usage

https://www.justice.gov/epstein/files/DataSet%209/EFTA00074599.pdf

EFTA00178057Set 9

2011-05-0290p23,378w

file for protection of CVRA rights even when "no prosecution is underway," 18 U.S.C. § 377I(dX3). Moreover, a number of courts have ruled that the CVRA extends victims rights even ... victim's right "to be reasonably protected from the accused," 18 U.S.C. § 377I(a)(1), as a right the applies before the filing of charges: Now, there are certain ofthe ... eight rights accorded in 377I(a) that could come up before any charge is filed. For instance, let's say somebody believes that the perpetrator of the crime is going

https://www.justice.gov/epstein/files/DataSet%209/EFTA00178057.pdf

EFTA00799975Set 9

2007-04-2433p10,181w

were already covered in the CVRA, Congress would not have amended the statute with § 377I(a)(9). Instead of addressing this argument, petitioners stand up a strawman and contend ... government argued that § 377I(a)(9) "operates retroactively to prove that it did not need to 5 EFTA00799980 Case 9:08-cv-80736-KAM Document 425-1 Entered on FLSD ... effect in order for the government's argument to succeed. The prospective impact of § 377I (a)(9) — inclusion of plea agreements and deferred prosecution agreements as part of a crime

https://www.justice.gov/epstein/files/DataSet%209/EFTA00799975.pdf

EFTA01144324Set 9

2015-04-1629p15,270w

CVRA allows both prosecutors and crime victims themselves to enforce rights granted in Section 377I(a). Id. § 377I(d)(3) (authorizing crime victims, or their lawful representatives, as well ... review of the final decision of the Attorney General by a complainant." 18 U.S.C. § 377I (0(2)(D). 4 EFTA01144327 POE & BURTON PLLC Privileged & Confidential Attorney Work Product DRAFT individual ... offense of conviction, whereas at least some of the rights enumerated in Section 377I(a) may be read to apply more broadly. See, e.g., Hughey v. United States

https://www.justice.gov/epstein/files/DataSet%209/EFTA01144324.pdf

EFTA01091403Set 9

2009-04-3074p36,721w

EFTA01091404 Rule 32(c)(I)(B) 32 G. Proceedings "free from unreasonable delay," §377I(a)(7) 33 H. "Right to be Treated with Fairness and with Respect for the Victim ... given if such notice may endanger the safety of any person," including the defendant. § 377I(c)(3). C. "Not to be Excluded from any Such Public Court Proceeding" Unless ... defendant. D. "Reasonably Heard At Any Public Proceeding Involving Release, Plea, Sentencing," § 377I(a)(4); Rule 32(i)(4)(B); Rule 60(a)(3) Section 3771(a)(4) provides

https://www.justice.gov/epstein/files/DataSet%209/EFTA01091403.pdf

EFTA00210908Set 9

2008-07-0710p3,274w

Claims of Jane Doe #3 and Jane Doe #4 Are Barred by 18 U.S.C. § 377I(d)(3) Section 3771(d) of Title 18, United States Code, provides that ... petitioners' counsel did not request such action. Hearing Transcript at 25-27. In section 377I(d)(5), entitled, "Limitation on relief," the CVRA provides that, "a victim may make ... prosecution agreement set aside, and the plea negotiations reopened. Consequently, they are bound by § 377I(d)(5)'s limitations. The extremely short time limits

https://www.justice.gov/epstein/files/DataSet%209/EFTA00210908.pdf

EFTA00800008Set 9

2007-04-2432p10,113w

were already covered in the CVRA, Congress would not have amended the statute with § 377I(a)(9). Instead of addressing this argument, petitioners stand up a strawman and contend ... government argued that § 377I(a)(9) "operates retroactively to prove that it did not need to 5 EFTA00800012 Case 9:08-cv-80736-KAM Document 427 Entered on FLSD Docket ... effect in order for the government's argument to succeed. The prospective impact of § 377I (a)(9) — inclusion of plea agreements and deferred prosecution agreements as part of a crime

https://www.justice.gov/epstein/files/DataSet%209/EFTA00800008.pdf

EFTA00591461Set 9

2017-06-0233p10,820w

victim's statutory "right to confer" is a "right to be notified." In § 377I (a)(2), Congress provided that a crime victim has "[t]he right to reasonable, accurate ... Congress acts intentionally and purposely in the disparate inclusion or exclusion.") (citation omitted). Section 377I(a)(5) provides a right of a crime victim to confer with the prosecutor ... such a requirement for non-prosecution agreements in the amended § 3771(a)(9). Moreover, § 377I (a)(9) does not require advance notice of a plea offer or proposed deferral

https://www.justice.gov/epstein/files/DataSet%209/EFTA00591461.pdf

EFTA00799825Set 9

2017-06-0632p10,748w

victim's statutory "right to confer" is a "right to be notified." In § 377I (a)(2), Congress provided that a crime victim has "[t]he right to reasonable, accurate ... from § 3771(a)(5). Congress's decision not to use the word "notice" in § 377I (a)(5) is significant 3 Jane Doe No. 2's exculpatory statements regarding Epstein were ... Congress acts intentionally and purposely in the disparate inclusion or exclusion.") (citation omitted). Section 377I(a)(5) provides a right of a crime victim to confer with the prosecutor

https://www.justice.gov/epstein/files/DataSet%209/EFTA00799825.pdf

EFTA00078835Set 9

2011-04-0854p17,640w

prosecutorial discretion of the Attorney General or any officer under his direction." 18 U.S.C. § 377I (d)(6). "Crime victims have not been recognized as parties, and the Federal Rules ... filed does not lead to the conclusion that Congress also intended rights in section 377I(a) to exist even if no federal criminal charges are ever filed. The venue language ... Plainly, the analysis of whether an individual is entitled to invoke rights provided in § 377I(a) is based upon an examination of the criminal charge in the charging instrument

https://www.justice.gov/epstein/files/DataSet%209/EFTA00078835.pdf

EFTA00208037Set 9

2011-04-0754p17,943w

https://www.justice.gov/epstein/files/DataSet%209/EFTA00208037.pdf

EFTA00208513Set 9

2008-07-0733p17,063w

petitioners, Jane Doe #1 and Jane Doe #2, had any rights under 18 U.S.C. § 377I(a), in the absence of a criminal charge being filed in the Southern District ... case against Epstein in the Southern District of Florida, petitioners have no rights under § 377I (a)(5) to consult with the attorney for the Government. The United States Attorney ... would be filing criminal charges against BP, and the provisions in 18 U.S.C. § 377I(a) would become applicable. Since it expected to formally file the criminal charges after a plea

https://www.justice.gov/epstein/files/DataSet%209/EFTA00208513.pdf

EFTA00205602Set 9

2008-07-1122p6,598w

criminal trial process."). To protect the rights conferred on crime victims by § 377I(a) and to secure contemporaneous victim participation in the criminal justice process, the CVRA created a very ... court of appeals of the denial of a motion authorized by § 3771. 18 U.S.C. § 377I(d)(3). Apparently dissatisfied with the rights-enforcement scheme created by Congress, Petitioners seek

https://www.justice.gov/epstein/files/DataSet%209/EFTA00205602.pdf

EFTA00209961Set 9

2008-06-309p2,242w

reasonably "confer with the attorney for the Government in the case." 18 U.S.C. § 377I(a). Victims also have a "right of access to the terms of a plea agreement ... government agencies "engaged in the detection [and] investigation ... of crime ... ." 18 U.S.C. § 377I(c)(1). Indeed, if there were any doubt, the plain language of the CVRA extends victims' right

https://www.justice.gov/epstein/files/DataSet%209/EFTA00209961.pdf

EFTA01081657Set 9

2008-07-07134p35,304w

CVRA used the term "court proceeding" elsewhere in the statute (i.e., 18 U.S.C. § 377I(a)(2) (victim's right to notice "of any public court proceeding")) makes it obvious that

https://www.justice.gov/epstein/files/DataSet%209/EFTA01081657.pdf

EFTA00229916Set 9

2011-04-26277p86,795w

right to confer with the attorney for the Government in the case," 18 U.S.C. § 377I(aX5) (emphasis added), and "the right to be treated with fairness," 18 U.S.C ... United States v. BP Products North America, Inc., the district court reasoned that because § 377I(dX3) provided for the assertion of CVRA rights "in the district court in which

https://www.justice.gov/epstein/files/DataSet%209/EFTA00229916.pdf

EFTA00214371Set 9

2008-06-309p2,226w

https://www.justice.gov/epstein/files/DataSet%209/EFTA00214371.pdf

EFTA01080086Set 9

2008-07-07134p35,216w

CVRA used the term "court proceeding" elsewhere in the statute (i.e., 18 U.S.C. § 377I(a)(2) (victim's right to notice "of any public court proceeding")) makes it obvious that

https://www.justice.gov/epstein/files/DataSet%209/EFTA01080086.pdf

EFTA00208106Set 9

2011-04-079p2,411w

have rejected claims by victims that one or more of the rights in section 377I(a) create a right of access to information in the government's possession• Coxton

https://www.justice.gov/epstein/files/DataSet%209/EFTA00208106.pdf

EFTA00040739Set 9

2019-02-2133p11,275w

with fairness and with respect for the victim's dignity and privacy." 18 U.S.C. 377I(a)(8). The letter included a footnote stating: "Unlike the State's investigation, the federal

https://www.justice.gov/epstein/files/DataSet%209/EFTA00040739.pdf