Jonathan F. Ball v. United States District Court for the District of Maryland

Where a person moves to assert a victim’s rights under the Crime Victims’ Rights Act, 18 U.S.C. § 3771 (“CVRA”), and is invited by the Government to present an oral victim impact statement at the defendant’s sentencing hearing, does the Due Process Clause of the Fifth Amendment guarantee the movant the opportunity to present testimony, evidence and/or oral argument at the sentencing hearing to establish “victim” status when the Government reverses course and, joined by the defendant, argues for the first time during the sentencing hearing that the movant is not a “victim”?

Is a person harmed by the defendant’s retaliation for that person’s fulfillment of legal duties to try to prevent and/or report the conduct involved in the defendant’s criminal scheme a “victim” under the CVRA?

Does the CVRA provide a right of allocution during the defendant’s sentencing hearing as previously held by the Third, Sixth, and Ninth Circuits, or may a district court limit a “victim” or a person asserting a victim’s rights under the CVRA to a written submission as held by the Fourth Circuit in this case?