In Re. Kouri-Perez v. ( 1998 )

[NOT FOR PUBLICATION]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.
-2-