DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
UNITED STATES OF AMERICA and
5
PEOPLE OF THE VIRGIN ISLANDS,
5
5
Plaintiffs,
5
2008-CR-0018-01
v.
5
5
FRANKLIN XAVIER,
5
5
Defendant.
5
__________________________________________5
TO:
Allan F. John-Baptiste, Esq., AUSA
Amelia B. Joseph, Esq.
ORDER DENYING DEFENDANT’S MOTION FOR RECONSIDERATION OF
DETENTION
THIS MATTER came before the Court for consideration upon Defendant Franklin
Xavier’s pro se Motion For a Bail Hearing (Docket No. 42).  A hearing was held on
November 10, 2008.  The government was represented by Allan F. Baptiste, Esq., AUSA;
and Amelia B. Joseph, Esq.,  appeared on behalf of said Defendant.
In support of his motion, said Defendant presented the testimony of Stanford Xavier
and Rosa Xavier.  Mr. and Mrs. Xavier stated that Defendant is their son and that they live
at 63 Upper Love, where Defendant also resides.  Mr. and Mrs. Xavier also stated that they
were willing to act as Defendant’s third-party custodians.
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United States v. Xavier
2008-CR-0018-01
Order Denying Defendant’s Motion For Reconsideration
Page 2
Said Defendant also presented the testimony of Albert Xavier, said Defendant’s
brother, who testified that he would give said Defendant a job as a carpenter assistant on
a construction job that he currently is working.
I.
Authorization for Detention Hearing
18 U.S.C. § 3142(f) allows such hearing in a case where the Defendant is charged
with “a crime of violence . . . for which a maximum term of imprisonment of 10 years of
more is prescribed” or “any felony that is not otherwise a crime of violence that involves 
a minor victim or that involves the possession or use of a firearm . . .”  Defendant is
charged with felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and
924(a)(2), and unauthorized possession of a firearm in violation of V.I. Code Ann. tit. 14 
§§ 2253(a) and 11(a).
II.
Consideration of Detention
Title 18 U.S.C. § 3142(e) authorizes the Court to detain a defendant unless the Court
finds that there exists a “condition or combination of conditions [that] will reasonably
assure the appearance of the person as required and the safety of any other person and the
community.”  Section 3142(g) enumerates factors to be considered:
(1) whether the offense is a crime of violence or involves a narcotic
drug;
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United States v. Xavier
2008-CR-0018-01
Order Denying Defendant’s Motion For Reconsideration
Page 3
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including whether, at
the time of the current offense or arrest, defendant was on probation, or
parole from a prior offense;
(4) the nature and seriousness of the danger to any person or the
community that would be posed by the person’s release.
Based upon the previous testimony provided at said Defendant’s detention hearing
on June 5, 2008, the evidence against Defendant is strong.  Defendant is a convicted felon
and firearms were recovered during the execution of a search warrant on his residence. 
Moreover, the underlying incident occurred while Defendant was on supervised release
after serving a ten (10)-year  imprisonment sentence.
Said Defendant has produced no new evidence to cause the Court to reconsider its
earlier finding in its order dated June 6, 2008, and amended order dated June 10, 2008, that
said Defendant’s propensity for violence based upon the facts elicited during the detention
hearing  and upon his prior criminal record compels the conclusion that saidDefendant
poses a danger to the community and that there currently are no conditions of release
which would reasonably assure the safety of other persons and the community.
Now therefore, it is hereby ORDERED that Defendant Franklin Xavier’s motion for
reconsideration of the detention of said Defendant is DENIED.
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United States v. Xavier
2008-CR-0018-01
Order Denying Defendant’s Motion For Reconsideration
Page 4
ENTER:
Dated: November 10, 2008
                                /s/                                    
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
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