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In Re. Kouri-Perez v., 98-1069 (1998)

Court: Court of Appeals for the First Circuit Number: 98-1069 Visitors: 1
Filed: Feb. 04, 1998
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.Benny Frankie Cerezo and Joaquin Monserrate-Matienzo on Petition, _____________________ ____________________________, for Writ of Mandamus for petitioner.been biased to any degree by the pre-trial publicity.any other aspect of the evidence or argument presented to it.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________



No. 98-1069


IN RE: YAMIL H. KOURI-PEREZ,

Petitioner.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Jose Antonio Fuste, U.S. District Judge] ___________________

____________________

Before

Boudin, Stahl and Lynch,
Circuit Judges. ______________

____________________

Benny Frankie Cerezo and Joaquin Monserrate-Matienzo on Petition _____________________ ____________________________
for Writ of Mandamus for petitioner.



____________________

February 3, 1998
____________________






















Per Curiam. Assuming, without deciding, that an order __________

denying change of venue would be subject to mandamus review,

see In re Balsimo, 68 F.3d 185, 186 (7th Cir. 1995), there is ___ _____________

no reason to grant the writ here.

Contrary to petitioner's argument, a fair reading of the

order indicates that the district court considered the proper

factors in determining the extent to which the community had

been saturated by inflammatory pre-trial publicity about the

case. See United States v. Rodriguez-Cardona, 924 F.2d 1148, ___ _____________ _________________

1158 (1st Cir. 1991). The district court's legal analysis,

findings, and conclusions in that regard reveal no error.

Specifically, we perceive no error in the district

court's focus on petitioner's opinion poll, which apparently

indicated that less than twenty percent of the community had

been biased to any degree by the pre-trial publicity. In the

context of this mandamus review, we cannot say that the

district court was required to focus any greater attention on

any other aspect of the evidence or argument presented to it.

The petition for writ of mandamus is denied. ______















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Source:  CourtListener

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