United States v. Montijo-Maysonet
| Decision Date | 14 June 2018 |
| Docket Number | Criminal No. 16–242 (FAB) |
| Citation | 318 F.Supp.3d 522 |
| Parties | UNITED STATES of America, Plaintiff, v. Byron MONTIJO–MAYSONET [1], Luis Meléndez–Ramos [2], Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Ginette L. Milanes, Nicholas Warren Cannon, Dennise N. Longo Quinones, U.S. Attorney's Office District of Puerto Rico, San Juan, PR, for Plaintiff.
Eric A. Vos, Victor J. Gonzalez–Bothwell, Federal Public Defender's Office, Hato Rey, PR, Jessica Earl, Federal Public Defender, San Juan, PR, for Byron Montijo–Maysonet.
Before the Court is defendant Byron Montijo–Maysonet ("Montijo")'s motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 (" Rule 29"). (Docket No. 173.) Also before the Court is defendant Luis Meléndez–Ramos ("Meléndez")'s motion to withdraw his guilty plea and motion for arrest of judgment pursuant to Federal Rule of Criminal Procedure 34 (" Rule 34"). (Docket Nos. 148 and 149.) For the reasons set forth below, Montijo's motion for judgment of acquittal, Melendez's motion to withdraw his guilty plea, and Melendez's motion for arrest of judgment are all DENIED .
On August 25, 2016 a grand jury returned a ten-count superseding indictment charging Meléndez and Montijo with offenses pertaining to their sexual interactions with minor females. (Docket No. 28.) Counts one and two charge Meléndez and Montijo, respectively, with sexual enticement of a minor using a means of interstate commerce in violation of 18 U.S.C. § 2422(b) (" section 2422"). Counts three through six allege that Meléndez and Montijo transported minor females within the Commonwealth of Puerto Rico with the intent to engage in criminal sexual activity in violation of 18 U.S.C. § 2423(a) (" section 2423"). (Docket No. 28 at pp. 2–5.) The remaining counts charge Meléndez with producing child pornography in violation of 18 U.S.C. § 2251(a) and (e). Id. at pp. 5–7.
After reaching a plea agreement with the United States, Meléndez pled guilty to producing child pornography as charged in count seven of the superseding indictment. (Docket No. 72.) The Court imposed a sentence of 192 months on Meléndez. (Docket Nos. 92 and 93.) Montijo, for his part, elected to stand trial. (Docket Nos. 140, 141 and 143.) The jury found Montijo guilty of counts one, three, four, five and six of the superseding indictment. (Docket No. 146.)
For purposes of Montijo's Rule 29 motion, the Court summarizes the pertinent facts in the light most favorable to the jury's verdict, and in a manner consistent with the trial record. United States v. Valerio, 676 F.3d 237, 240 (1st Cir. 2012) ; United States v. Polanco, 634 F.3d 39, 40 (1st Cir. 2011).1
At trial, the United States presented evidence establishing that on November 24, 2015 and November 30, 2015 Meléndez and Montijo transported two minor females from their middle school in Manatí, Puerto Rico to a motel in Barceloneta, Puerto Rico to have sexual intercourse.
On November 24, 2015, minor female number 1 ("MF 1")'s mother dropped her off at school, where MF 1 attended the eighth grade.2 (Docket No. 168 at p. 20.) At approximately 8:00 AM, MF 1 and MF 2 met Meléndez and Montijo at a food truck adjacent to their middle school; Melendez and Montijo had arrived in a car that Montijo drove. Id. at p. 22. MF 1 and MF 2 then entered the car that Montijo was driving "to go for a ride." Id. at p. 23. According to MF 1, "[she] did not know where it was that [she] was going." Id. at p. 51.
With MF 1 and MF2 in the car, Montijo first drove to the Zorrilla public housing project, and "asked if [the girls] wanted to smoke or drink anything." Id. Montijo subsequently drove MF 1 and MF 2 to the Jackeline Motel. Id. at p. 26. The Jackeline Motel is located approximately 1,500 feet from its main entrance (Docket No. 167 at pp. 121–122.) Hedges and a concrete wall provide additional privacy. Id. at p. 123. To rent a room at the Jackeline Motel, guests pull into a garage. Id. The garage door closes with a push of a button, at which point guests place $20 in a service drawer to occupy a room for six-hours with an option to extend their stay for an additional fee. Id. at pp. 123–124. Jackeline Motel employees record the license plate numbers of vehicles belonging to guests, the time guests arrive and depart from the motel, and the room numbers assigned. Id. Guests may leave at their discretion. Id. Indeed, guests need not disclose their personal information, and are not required to interact with Jackeline Motel employees. Id.
According to MF 1, the only individuals she observed at the Jackeline Motel on November 24, 2015 were MF 2, Meléndez, and Montijo. (Docket No. 168 at p. 27.) Meléndez and MF 2 retreated to one room, and Montijo and MF 1 occupied another room. Id. at p. 28. Once in the room, Montijo informed MF 1 that she "didn't have to do anything [she] didn't want to do," and complimented her appearance. Id. at pp. 28–29. On this occasion, Montijo and MF 1 had no physical contact. Id. Meléndez and MF 2, however, had sexual intercourse. (Docket No. 167 at p. 159.) Subsequently, Meléndez and Montijo returned MF 1 and MF 2 to the "entrance before the school," according to MF 2, "so [their classmates and teachers] wouldn't see [them]." Id. at p. 161.
In the days following their first trip to the Jackeline Motel, Montijo communicated with MF 1 via KIK, a social media application. (Docket No. 168 at p. 31.) Montijo and MF 1 "didn't talk about anything specific." Id. at p. 32. Montijo, however, conveyed that "he wanted to see [MF 1] again." Id. Additionally, MF 1, Montijo and Meléndez formed a group chat on KIK. Id. Meléndez requested MF 1 "to bring in another person." Id. at p. 33. MF 1 complied, inviting an eighth grade student, minor female number 3 ("MF 3"), to the group chat. Id. The group planned another "ride" to the Jackeline Motel. Id. at pp. 33–34.
On the morning of November 30, 2015, Meléndez and Montijo returned to the same location they had previously met MF 1 and MF 2. Id. at p. 165. MF 2 observed MF 1 and MF 3 walk towards the defendants. Id. MF 3 looked at MF 2 "as though she didn't want to go" with Meléndez and Montijo. Id. MF 2 remained at the school. Id.
MF 1 and MF 3 waited until 8:00 AM to join the defendants in the car Montijo drove because at that time "there was no risk that the teachers would catch [them]." Id. at p. 35. On the day of the second incident, MF 1 and MF 3 wore their school uniforms. Id. MF 1 and MF 3 spoke to each other in the back seat of the car. Id. at p. 37. MF 3 asked MF 1 "what did she have to do, and [MF 1] told her that she didn't have to do anything [MF 3] didn't want to do." Id.
Meléndez and Montijo transported MF 1 and MF 3 to the Jackeline Motel. Id. at p. 38. The defendants again separated the minor females. Id. Meléndez and MF 3 occupied one room. Id. Montijo and MF 1 shared another room, where they had sexual intercourse. Id. Subsequently, MF 1 removed a notebook from her backpack. Id. Montijo questioned MF 1 about her age, and MF 1 answered that she was thirteen years old. Id. at p. 39. Montijo stated to MF 1 that "he wouldn't have done it" if he knew MF 1 was thirteen years old. Id. at p. 56. Montijo claimed, however, that "he was going to be with [MF 1] always, that he was going to look after [MF 1], that he was going to wait for [MF 1] to come out from high school, and that he was going to take care of [MF 1]." Id. at p. 57.
After MF 1's conversation with Montijo, she visited Meléndez and MF 3's room, where she observed that Meléndez and MF 3 were lying in bed without clothes. Id. at p. 39. MF 1 returned to her room with Meléndez's phone. Id. A classmate from her school called Meléndez's phone to alert MF 1 and MF 3 that they "had to go to school, that the police was at school, that they had already caught [them]." Id. at p. 40. While Meléndez and MF 3 dressed, MF 1 informed Montijo that her parents were at the middle school with the police. Id. at p. 41.
Meléndez and Montijo later departed from the Jackeline Motel with MF 1 and MF 3. Montijo drove MF 1 and MF 3 to a Burger King Restaurant "so [they] could say that they had been eating." Id. During the drive to the Burger King, Montijo appeared "anxious," as though "something bad [was] going to happen." Id. at p. 42.
After transporting them to the Burger King, Montijo drove MF 1 and MF 3 to the middle school, where MF 3's father waited for his daughter's return. Id. MF 3's father observed Montijo's car located in front of the middle school, where "[Meléndez and Montijo] let go of [his] girl and just sped off." (Docket No. 167 at p. 109.) MF 1 attempted to exit the car, but "[MF 3's] father went off chasing [them], so [she] didn't have any time." (Docket No. 168 at p. 43.) Montijo fled from the middle school with Meléndez and MF 1 in the car.3 (Docket No. 167 at p. 110.)
Montijo subsequently drove MF 1 to a house in Vega Baja, Puerto Rico. (Docket No. 168 at p. 44.) After Montijo told MF 1 to remain calm, a man drove the defendants and MF 1 to the Zorrilla public housing project in a van. Id. at p. 45. Meléndez and Montijo "wait[ed] for things to calm down." Id. at p. 46. A second man drove MF 1 and Montijo to a location near the school. Id. Once at this location, MF 1 exited the second man's car, and walked back to the school. Id. at pp. 46–47.
A court may set aside the jury's guilty verdict and enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. See Fed.R.Crim.P. 29. In reviewing a motion for judgment of acquittal, courts must consider the evidence "in the light most favorable to the prosecution" and determine whether the ...
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