Government of Virgin Islands v. Quetel

36 F. App'x 710
CourtCourt of Appeals for the Third Circuit
DecidedJune 11, 2002
Docket02-1134
StatusUnpublished

This text of 36 F. App'x 710 (Government of Virgin Islands v. Quetel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Government of Virgin Islands v. Quetel, 36 F. App'x 710 (3d Cir. 2002).

Opinion

OPINION OF THE COURT

FUENTES, Circuit Judge.

Lorraine Quetel appeals the District Court’s dismissal, for lack of jurisdiction, of her motion for a reduction of her sentence. Because we agree with the Appellate Division of the District Court that it lacked jurisdiction to hear Quetel’s appeal, we will affirm.

I

On February 4, 1998, Lorraine Quetel was arrested, along with her cousin, Lydia Magras. Both Quetel and Magras were partners in the Bon Voyage Travel Agency, located on St. Thomas.

On February 11, each was charged with one count of violating the Virgin Islands’ Criminally Influenced and Corrupt Organizations Act (“CICO”), 14 V.I.C. § 600, et. seq., and 28 counts of embezzlement pursuant to 14 V.I.C. § 1093 & 1094(a)(2). The charges arose from Quetel’s embezzlement of $1.7 million from her employer, L.S. Holdings, Inc. d/b/a/ Little Switzerland, where Quetel worked as a bookkeeper.

On May 13, 1998, Quetel pled guilty in the Territorial Court to one count of embezzlement. Quetel was sentenced to ten years incarceration, the maximum penalty allowed under the statute, with four years of her sentence suspended by the trial court. The Territorial Court did not impose any order of restitution.

Quetel subsequently made a post-verdict motion for a reduction of sentence, pursuant to Rule 136 of the Territorial Court. In support of her motion, Quetel relied on her offer to make restitution in the amount of $300,000 in addition to her previous acts of restitution. Including her previous offer at her sentencing, Quetel’s restitution offer was approximately $450,000. The trial judge denied Quetel’s motion, finding that Quetel’s sentence was neither illegal nor imposed in an illegal manner, as required by Rule 136, and noting that the offered restitution would “do less than what would be required to obtain parole” under 5 V.I.C. § 4606.

Quetel next appealed to the Appellate Division of the District Court, claiming that the trial court had abused its discretion when it denied her motion for reduction of sentence. Quetel claimed that the trial court effectively imprisoned her for her debts when it refused to reduce her sentence on the grounds that the restitution offered was inadequate, and thereby violated federal law. See 48 U.S.C. § 1561 (making it unlawful under the Revised Organic Act to imprison an individual for *712 debt). The District Court rejected as mer-itless Quetel’s ‘debtor’s imprisonment’ argument. Concluding that the trial court had imposed a lawful sentence and that Quetel had presented no colorable claim under the Constitution or the laws of the United States, the District Court dismissed Quetel’s appeal for lack of jurisdiction. Quetel then filed a timely appeal with this Court.

II

This Court has jurisdiction over appeals from all final decisions of the District Court on appeal from the Territorial Court. 48 U.S.C. § 1613. This Court exercises plenary review over questions of jurisdiction of the Appellate Division of the District Court of the Virgin Islands. Gov’t of Virgin Islands v. Warner, 48 F.3d 688, 691 (3d Cir.1995).

III

On appeal, Quetel challenges neither her conviction on her guilty plea, nor the Territorial Court’s initial sentence of ten years imprisonment with four years of her sentence suspended. In the Appellate Division of the District Court, Quetel appealed only the Territorial Court’s denial of her motion to re-consider her sentence, based upon her offer of restitution. Here, Quetel appeals the Appellate Division’s refusal to hear that challenge on the merits because it had no jurisdiction to do so.

The Appellate Division of the District Court generally lacks jurisdiction to review final judgments and orders of the Territorial Court in criminal cases where the defendant was convicted by guilty plea. See 4 V.I.C. § 33. (Stating that “[t]he district court has appellate jurisdiction to review the judgments and orders of the territorial court ... in all criminal cases in which the defendant has been convicted, other than on a plea of guilty”) [emphasis added]. However, the District Court must review any judgement or order which presents a colorable claim under the U.S. Constitution or federal law. See Section 23 of the Revised Organic Act (48 U.S.C. § 1613a(a)) (stating that “the [Virgin Islands] legislature may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States .... ”); see also Chick v. Government of Virgin Islands, 941 F.Supp. 49 (D.Virgin Islands, 1996) (“In essence, this Court has jurisdiction to consider the post-plea allegation only if it colorably implicates constitutional issues”).

Quetel claims that the Territorial Court’s post-sentencing denial of her motion to reduce her sentence raises both a question of federal law, as a violation of the Organic Act, that prohibits, inter alia, imprisonment for debt, 48 U.S.C. § 1561, and a constitutional issue, as a violation of the Due Process Clause of the Fourteenth Amendment to the Constitution. In making her claims, Quetel relies heavily on the Judge’s statement at her sentencing that “if there is any proper offer of restitution that should be considered in any timely motion to reduce the sentence, the Court will be so inclined to reconsider.” The Territorial Court subsequently rejected Quetel’s offer valued at $450,000 as inadequate, concluding that it “failed to show a good faith offer of restitution.” App. at 187.

Quetel offers these statements as proof that the Territorial Court, in denying Que-tel’s motion, “at all times concentrated on the amount embezzled and Mrs. Quetel’s proposals to make partial restitution.” App. Br. at 12. Although she never explicitly states this in her brief, Quetel seems to argue that, if she had the money to fully compensate her employer, then her sentence of incarceration would have been overturned, or at least reduced. Therefore, she is being imprisoned for a “debt” that she owes, in violation of the Organic Act and the Constitution.

*713 Initially, it is important to distinguish that the sum owed by Quetel is not a debt, but compensation for money that she embezzled. The Supreme Court has indicated that “statutes relieving [defendants] from imprisonment for debt were not intended to take away the right to enforce criminal statutes and punish wrongful em-bezzlements or conversions of money.” Freeman v. U.S., 217 U.S. 539, 30 S.Ct. 592, 54 L.Ed. 874 (1910) (further instructing that the proscription of imprisonment for debt “was intended to prevent [a court’s] resort to that remedy for the collection of contract debts, and not to prevent the state from imposing a sentence for crime which should require the restoration of ...

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Bluebook (online)
36 F. App'x 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-virgin-islands-v-quetel-ca3-2002.