United States v. Ronald Slovacek
2012 U.S. App. LEXIS 21010
| 5th Cir. | 2012Background
- Fisher, individually and as Odyssey Residential Holdings, appeals a district court denial of restitution for a conspiracy involving Don Hill and Slovacek.
- Fisher sought $1.89 million in MVRA restitution based on his claimed direct and proximate harms from the conspiracy to Hills’ extortion scheme and related acts.
- The district court originally awarded Fisher $112,500 for extortion-related harms but later denied restitution stemming from Slovacek’s Count 10 conviction.
- This court previously denied Fisher’s CVRA mandamus challenges to the restitution rulings against Potashnik and Slovacek, and Fisher sought further review after sentencing.
- The district court entered a final judgment that did not order restitution, and Fisher appealed directly, which the government moved to dismiss for lack of jurisdiction.
- The court held that nonparties generally cannot appeal criminal judgments and that CVRA does not authorize direct appeals by victims, so it dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May Fisher appeal restitution denial under the CVRA? | Fisher argues MVRA with CVRA rights allows direct appeal. | Slovacek argues nonparties lack appeal rights; CVRA mandates mandamus review only. | Direct appeal by Fisher is not permitted; dismiss for lack of jurisdiction. |
| Does CVRA permit nonparty victims to appeal district court rulings? | Fisher contends CVRA authorizes appeals for victims. | Court precedents foreclose nonparty appeals; CVRA provides mandamus avenues only. | Nonparty victims do not have a right to direct appeals under CVRA. |
| Does 28 U.S.C. § 1291 authorize such an appeal by a nonparty? | § 1291 confers general appellate jurisdiction over final district decisions for all, including nonparties. | § 1291 concerns what may be appealed, not who may appeal; nonparties remain barred. | Section 1291 does not authorize a direct appeal by a nonparty victim. |
Key Cases Cited
- Marino v. Ortiz, 484 U.S. 301 (1988) (nonparties generally cannot appeal judgments)
- Bayard v. Lombard, 50 U.S. 530 (1850) (writ of error cannot be brought by strangers to judgment)
- Payne v. Niles, 61 U.S. 219 (1857) (no one can appeal a judgment unless they were parties)
- United States ex rel. Boarman, 244 U.S. 397 (1917) (nonparty appeals are a settled subject)
- McClure v. Ashcroft, 335 F.3d 404 (5th Cir. 2003) (criminal judgments should not be lightly disturbed)
- United States v. Aguirre-Gonzalez, 597 F.3d 46 (1st Cir. 2010) (distinguishes who may appeal under § 1291)
- United States v. Hunter, 548 F.3d 1308 (10th Cir. 2008) (section 1291 appealability considerations for nonparties)