United States v. Quiles-Olivo
684 F.3d 177
1st Cir.2012Background
- Quiles is convicted of depredation of government property under 18 U.S.C. §1361 after damaging a scanner and a monitor in the Clerk's Office of the Puerto Rico courthouse.
- Quiles displayed a shirt with civil disobedience language; he then destroyed equipment in a public, clerk’s room used by the public for case status checks.
- The incident prompted arrest and replacement costs for the damaged equipment.
- Quiles unsuccessfully moved for a venue change; initial pro se motion was filed in Spanish and mishandled, leading to continuance denial.
- Trial proceeded in Puerto Rico with voir dire conducted by the district court; Quiles was sentenced to time served with restitution and supervision.
- Quiles timely appealed, challenging the venue ruling and a claimed Sixth Amendment public-trial violation related to his mother’s exclusion during jury selection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying a venue transfer. | Quiles argues venue should be transferred due to prejudice or convenience. | Government asserts no prejudicial or convenient factors justify transfer. | No abuse; denial affirmed. |
| Whether the district court violated the Sixth Amendment by excluding Quiles's mother from jury selection without sua sponte investigation. | Quiles contends exclusion violated public-trial rights and required remand. | Waived claim; no objection or preserved error in record. | Claim waived; affirmed without remand. |
Key Cases Cited
- United States v. Misla-Aldarondo, 478 F.3d 52 (1st Cir. 2007) (prejudice standards for venue change; abuse of discretion review)
- United States v. Rodríguez-Cardona, 924 F.2d 1148 (1st Cir. 1991) (prejudice analysis; presumption vs actual prejudice)
- United States v. Walker, 665 F.3d 212 (1st Cir. 2011) (test for presumption of prejudice; voir dire discretion)
- Angiulo v. United States, 897 F.2d 1181 (1st Cir. 1990) (presumption of prejudice in extreme publicity cases)
- United States v. McNeill, 728 F.2d 5 (1st Cir. 1984) (juror impartiality; deference to trial judge's voir dire)
- Wright v. District of New York, 603 F.Supp.2d 506 (E.D.N.Y. 2009) (fact-specific venue factors; district court discretion)
- United States v. Darcy v. Handy, 351 U.S. 454 (1956) (principle of no demonstrable bias without evidence)