DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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UNITED STATES OF AMERICA,
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Plaintiff,
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2009-MJ-0006
v.
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EDWARD ANDREW,
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Defendant.
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__________________________________________5
TO:
Evan Rikhye, Esq., AUSA
Patricia Schrader-Cooke, Esq., AFPD
ORDER VACATING NOTICE OF CRIMINAL APPOINTMENT OF COUNSEL
THIS MATTER came before the Court for preliminary hearing on April 9, 2009. 
Evan Rikhye, Esq., AUSA, represented the government.  Pursuant to Notice of Criminal
Appointment of Counsel (Docket No. 4), Patricia Schrader-Cooke, Esq., AFPD, appeared
on behalf of Defendant.
At hearing, the Court noted that the charges against Defendant are misdemeanors
or petty offenses.  It is well-established that the right to appointed counsel “in
misdemeanor and petty offense prosecutions is . . . triggered only if the defendant is
actually sentenced to a term of imprisonment.”  United States v. Pollard, 389 F.3d 101, 103
Case: 1:09-mj-00006-RLF-GWC   Document #: 8   Filed: 04/09/09   Page 1 of 2
United States v. Andrew
2009-MJ-0006
Order Vacating Notice of Criminal Appointment of Counsel
Page 2
(4 Cir. 2004) (citations omitted).  Consequently, the Court finds that the appointment of
th
the Federal Public Defender to represent Defendant was entered in error.
The Court advised Defendant, in open court, that, while he did have the right to
counsel, he did not have the right to appointed counsel and that he would need to retain
private counsel in the event he so desired.
Being advised in the premises and being fully satisfied therein, it is now hereby
ORDERED that the Notice of Criminal Appointment of Counsel is VACATED.
ENTER:
Dated: April 9, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:09-mj-00006-RLF-GWC   Document #: 8   Filed: 04/09/09   Page 2 of 2