DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX ) UNITED STATES OF AMERICA ) ) Criminal Action No. 2004-0105 v. ) ) ANGEL RODRIGUEZ, et. al., ) ) Defendants. ) ____________________________________) Harry Wallace, Esq., St. Croix, U.S.V.I. For the Government Angel Rodriguez Defendant Pro Se ORDER UPON CONSIDERATION of Magistrate Judge George W. Cannon Jr.’s Report and Recommendation (“R&R”) (Dkt. No. 896) regarding Defendant Angel Rodriguez’s Motion to Vacate (Dkt. No. 746); the Government’s Response to Defendant Rodriguez’s Motion to Vacate (Dkt. No. 826); Defendant Rodriguez’s Reply (Dkt. No. 833); the Government’s Supplemental Brief (Dkt. No. 895); Defendant Rodriguez’s Objections to Magistrate Judge Cannon’s R&R (Dkt. No. 899); and Defendant Rodriguez’s First through Eighth Motions to Supplement his Motion to Vacate (Dkt. Nos. 811, 858, 863, 867, 955, 956, 981, 987); and for the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby ORDERED that Magistrate Judge George W. Cannon Jr.’s Report and Recommendation (“R&R”) (Dkt. No. 896) is ADOPTED AS MODIFIED HEREIN; and it is further ORDERED that Defendant Rodriguez’s Motion to Vacate (Dkt. No. 746) is GRANTED IN PART AND DENIED IN PART; and it is further Case: 1:04-cr-00105-WAL-EAH Document #: 994 Filed: 07/18/23 Page 1 of 2 2 ORDERED that Defendant Rodriguez’s Motion to Vacate is GRANTED insofar as the Court finds that two of Defendant Rodriguez’s convictions—Count 61 and Count 92—must be vacated; and it is further ORDERED that the Court will schedule a resentencing hearing to address the seven counts for which Defendant Rodriguez’s convictions remain valid by further Order of the Court; and it is further ORDERED that Defendant Rodriguez’s Motion to Vacate is otherwise DENIED. SO ORDERED. Date: July 18, 2023 _______/s/_______ WILMA A. LEWIS District Judge 1 Count 6 is causing the death of a person through the use of a firearm, in violation of 18 U.S.C. § 924(j)(1). Count 6 is predicated upon Count 2, attempted Hobbs Act robbery in violation of 18 U.S.C. § 1951(a). (Dkt. No. 309 at 3, 7). 2 Count 9 is using a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A). Count 9 is predicated upon Count 8, attempted carjacking in violation of 18 U.S.C. § 2119(1). (Dkt. No. 309 at 9, 10). Case: 1:04-cr-00105-WAL-EAH Document #: 994 Filed: 07/18/23 Page 2 of 2