Oheneba (Kwame) Gyamfi

Filing 920100122

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ______________ No. 10-1093 _____________ In Re: KWAME GYAMFI, Petitioner. _____________ On Petition for Writ of Mandamus. _____________ Submitted: January 21, 2010 Decided: _____________ January 22, 2010 Before NIEMEYER, GREGORY, and AGEE, Circuit Judges. _____________ Petition denied by unpublished per curiam opinion. _____________ Kwame Gyamfi, Petitioner Pro Se. _____________ Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kwame Gyamfi petitions for writ of mandamus pursuant to the Crime Victims' that he Rights is Act, 18 to U.S.C. 3771 ("CVRA"). because He the asserts entitled mandamus relief district court denied his motion for default judgment on his complaint government seeking for an civil alleged damages violation from of the his United States the rights under Taxpayer Bill of Rights, 26 U.S.C. 7433. Petitioner asserts that Internal Revenue Service employees have violated numerous criminal statutes in connection with collection of taxes owed by him and in defending the civil suit he filed below. Petitioner's request for mandamus relief is denied. We note that Gyamfi did not first assert the rights described in 3771(a) of the CVRA in the district court as required by 3771(d)(3). Section 3771(d)(3) provides that a movant may petition the court of appeals for a writ of mandamus only where the district court has denied the relief sought by motion asserting a victim's right. In any event, of 18 petitioner U.S.C. were was 3771 in not in entitled to the court U.S.C. protections proceedings his district See 18 which civil nature. 3771(d)(3). The CVRA was designed to protect victims and guarantee them some involvement in the criminal justice process. "The rights codified by the CVRA, however, are limited to the 2 criminal justice process; the Act is therefore silent and unconcerned with victims' rights to file civil claims." States v. Moussaoui, 483 F.3d 220, 234-35 (4th Cir. United 2007) (citation omitted). Finding no application of 18 U.S.C. 3771 to these proceedings, we deny the petition. PETITION DENIED 3

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