Oheneba (Kwame) Gyamfi
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ______________ No. 10-1093 _____________
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 _____________ Petition denied by unpublished per curiam opinion.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 _____________ Unpublished opinions are not binding precedent in this circuit.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
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
Taxpayer Bill of Rights, 26 U.S.C. § 7433.
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.
district See 18
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
unconcerned with victims' rights to file civil claims." States v. Moussaoui, 483 F.3d 220, 234-35 (4th Cir.
(citation omitted). Finding no application of 18 U.S.C. § 3771 to these
proceedings, we deny the petition. PETITION DENIED
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