Doe v. United States (2013)

Thereafter, in a published order denying the government’s subsequent motion to dismiss the action, the district court held that the “‘reasonable right to confer . . . in the case’ guaranteed by the CVRA at § 3771(a)(5) is properly read to extend to the pre-charge stage of criminal investigations and proceedings, certainly where—as here—the relevant prosecuting authority has formally accepted a case for prosecution.” Doe v. United States, 950 F. Supp. 2d 1262, 1267 (S.D.

The Fifth Circuit has concluded that “in passing the [CVRA], Congress made the policy decision—which we are bound to enforce—that the victims have a right to inform the plea negotiation process by conferring with prosecutors before a plea agreement is reached.” In re Dean, 527 F.3d 391, 395 (5th Cir. 2008) (per curiam); see also Jordan v. Dep’t of Justice, 173 F.Supp.3d 44, 51 (S.D.N.Y. 2016) (describing scope of the reasonable-right-to-confer-with-prosecutor under the CVRA)…