United States v. Marco Pineda, 743 F.3d 213

Pineda, a Hispanic defendant, was convicted of being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
Jury selection began December 12, 2011; the sole Hispanic juror, Vega, had limited English proficiency and required an interpreter.
Vega was initially not struck for cause, but concerns about language ability persisted, leading to a later determination that an interpreter was needed.
Due to funding constraints, Vega was ultimately excused for cause and replaced by the first alternate; the trial proceeded with Vega absent for the remainder.
Pineda was convicted after trial; PSR calculated Guidelines range of 100–120 months; district court sentenced him to 115 months plus supervised release and a $100 fine.
On appeal, Pineda challenged (a) the removal/replacement of Vega as violating fair jury trial rights, and (b) the sufficiency of consideration of § 3553(a)(1) factors at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Vega's removal violated jury-rights or Rule 24(c).	Pineda asserts removal was improper and biased against a Hispanic juror.	The district court properly removed Vega for cause due to language inability and replaced him with an alternate.	Remand not required; removal was within discretion and not prejudicial.
Whether the sentencing failed to address all § 3553(a)(1) factors substantively.	Pineda argues mitigating history and characteristics were overlooked.	Court adequately addressed arguments; extracurricular factors did not warrant a lower sentence.	Sentence within Guidelines range; procedure and consideration found sufficient.

United States v. Vega, 72 F.3d 507 (7th Cir. 1995) (review of Rule 24(c) abuse and prejudice standard)
United States v. Speer, 30 F.3d 605 (7th Cir. 1994) (discretion to remove a juror for cause when impaired duties)
United States v. Huntress, 956 F.2d 1309 (5th Cir. 1992) (trial judge may excuse a juror for cause due to impairment)
United States v. Dempsey, 830 F.2d 1084 (10th Cir. 1987) (accommodation of interpreter for deaf juror; implications for language needs)
United States v. Campbell, 544 F.3d 577 (5th Cir. 2008) (mistrial when deliberations begin and juror cannot participate)
United States v. Smith, 918 F.2d 1501 (11th Cir. 1990) (discretion to excuse and replace with an alternate juror)
Gall v. United States, 552 U.S. 38 (2007) (procedural reasonableness standard for sentencing)
United States v. Souffront, 338 F.3d 809 (7th Cir. 2003) (reasonableness review of sentencing under Gall framework)
United States v. McIntosh, 198 F.3d 995 (7th Cir. 2000) (abuse of discretion standard in sentencing within guidelines)