DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
UNITED STATES OF AMERICA, 
 
) 
 
 
 
 
 
 
 
 
 
 
 
 
 
) 
 
 
v.  
 
 
 
 
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Criminal Action No. 2004-0105 
 
 
 
 
 
 
 
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REINALDO BERRIOS, TROY MOORE,  
) 
ANGEL RODRIGUEZ, and FELIX CRUZ,  
) 
 
 
 
 
 
 
 
 
 
 
 
) 
 
 
 
 
Petitioners. 
 
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__________________________________________) 
 
Appearances:  
 
Harry C. Wallace, Jr., Esq. 
Miami, FL 
 
For the United States 
 
Kye Walker, Esq. 
St. Croix, U.S.V.I. 
 
For Petitioner Reinaldo Berrios 
 
Troy Moore 
Waymart, PA 
 
Pro Se 
Ramon M. Gonzalez, Esq. 
San Juan, P.R. 
 
For Petitioner Angel Rodriguez 
Javier A. Cuyar Olivo, Esq. 
San Juan, P.R. 
 
For Petitioner Felix Cruz 
ORDER 
 
UPON CONSIDERATION of the Report and Recommendation (“R&R”) issued by 
Magistrate Judge Emile A. Henderson III (Dkt. No. 1133); the following Motions: 
(1) Petitioner Felix Cruz’s (“Cruz”) “Motion to Vacate and Set Aside the 
Convictions and Motion to Dismiss Counts Two, Five, Seven, Eight, Ten, and 
Eleven Pursuant to FRCP 12(b)(3)(B) and Pursuant to Rosemond v. United States” 
(“Cruz’s First Motion to Dismiss”) (Dkt. No. 1085);  
 
(2) Petitioner Reinaldo Berrios’ (“Berrios”) “Notice of Joinder in Motion to Vacate 
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and Set Aside the Convictions and Motion to Dismiss Counts Two, Five, Seven, 
Eight, Ten, and Eleven Pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B) 
and Pursuant to Rosemond v. United States” (“Berrios’ Motion to Dismiss”) (Dkt. 
No. 1097);  
 
(3) Petitioner Angel Rodriguez’s (“Rodriguez”) and Cruz’s “Joint Revised Motion 
to Dismiss Counts Two (2), Five (5), Seven (7), Eight (8), Ten (10), and Eleven 
(11) Pursuant to FRCP Rule 12(b)(3)(B) and in Light of Rosemond v. United 
States” (“Joint Motion to Dismiss”) (Dkt. No. 1106);  
 
(4) Petitioner Troy Moore’s (“Moore”) pro se “Motion for Joinder of Parties 
Pursuant to Fed. R. Civ. P. 19 to Add Troy Moore to Felix Cruz’s 28 U.S.C. § 2255 
Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody” 
(“Moore’s Motion for Joinder”) (Dkt. No. 1107);  
 
(5) Petitioner Cruz’s pro se “Motion for Reconsideration” (Dkt. No. 1007) of the 
Court’s July 18, 2023 Order and accompanying Memorandum Opinion (Dkt. Nos. 
991 and 992);  
 
(6) Petitioner Rodriguez’s pro se “Motion to Dismiss Counts Two, Five, Seven, 
Eight, Ten, and Eleven Pursuant to FRCP Rule 12(b)(3)(B), and in Light of 
Rosemond vs. United States” (“Rodriguez’s Pro Se Motion to Dismiss”) (Dkt. No. 
1068); and 
  
(7) Petitioner Cruz and Rodriguez’s “Joint Motion to Dismiss Count Five (5) for 
Lack of Jurisdiction” (“Second Joint Motion to Dismiss”) (Dkt. No. 1138);  
 
(8) Petitioner Rodriguez’s “Supplemental Motion to Dismiss Count Five” (Dkt. No. 1172); 
(9) Petitioner Cruz’s “Motion for Joinder Re: To Join Supplement Motion to Joint Motion 
to Dismiss Filed by Codefendant Angel Rodriguez [3] At D.E. 1172” (Dkt. No. 1173); 
 
the entire record herein; and for the reasons set forth in the accompanying Memorandum Opinion 
filed contemporaneously herewith, it is hereby 
 
ORDERED that the conclusions reached in the R&R (Dkt. No. 1133) is ADOPTED as 
supplemented in the Court’s accompanying Memorandum Opinion; and it is further 
ORDERED that Petitioner Cruz’s First Motion to Dismiss (Dkt. No. 1085) is DENIED 
AS MOOT for the reasons set forth in the R&R; and it is further 
ORDERED that Petitioner Berrios’ Motion to Dismiss (Dkt. No. 1097) is DENIED AS 
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MOOT for the reasons set forth in the R&R; and it is further 
ORDERED that Petitioners Cruz and Rodriguez’s Joint Motion to Dismiss (Dkt. No. 
1106) is DENIED for the reasons set forth in the R&R as supplemented in the Court’s 
accompanying Memorandum Opinion; and it is further  
ORDERED that Petitioner Moore’s Motion for Joinder (Dkt. No. 1107) is GRANTED 
IN PART AND DENIED IN PART for the reasons set forth in the R&R as supplemented in the 
Court’s accompanying Memorandum Opinion; and it is further 
ORDERED that Petitioner Moore’s Motion (Dkt. No. 1107) is GRANTED to the extent 
that counsel shall be appointed for Moore—if he is financially eligible—for purposes of 
determining whether a motion to reduce his sentence may be filed, and the Motion is otherwise 
DENIED; and it is further 
 
ORDERED that Petitioner Cruz’s “Motion for Reconsideration” (Dkt. No. 1007) is 
GRANTED IN PART AND DENIED IN PART; and it is further 
ORDERED that Petitioner Cruz’s Motion for Reconsideration (Dkt. No. 1007) is 
GRANTED only for purposes of striking the incorrect statement that Berrios remains good law 
in the Third Circuit and any conclusion drawn solely from that statement, and the Motion is 
otherwise DENIED; and it is further 
ORDERED that Petitioner Rodriguez’s pro se Motion to Dismiss (Dkt. No. 1068) is 
STRICKEN from the record; and it is further 
ORDERED that Petitioners Cruz and Rodriguez’s Second Joint Motion to Dismiss (Dkt. 
No. 1138) is DENIED; and it is further 
ORDERED that Petitioner Rodriguez’s “Supplemental Motion to Dismiss Count Five” 
(Dkt. No. 1172) is DENIED; and it is further 
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ORDERED that Petitioner Cruz’s “Motion for Joinder Re: To Join Supplement Motion to 
Joint Motion to Dismiss Filed by Codefendant Angel Rodriguez [3] At D.E. 1172” is GRANTED 
(Dkt. No. 1173). 
SO ORDERED. 
Date:  May 29, 2025  
 
 
 
 
_______/s/_______ 
 
 
 
 
 
 
 
 
WILMA A. LEWIS 
 
 
 
 
 
 
 
 
Senior District Judge 
 
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