DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
 
 
 
 
 
 
) 
UNITED STATES OF AMERICA  
) 
 
 
 
 
) 
Criminal Action No. 2004-0105 
 
v. 
 
 
 
) 
 
 
 
 
 
 
 
) 
REINALDO BERRIOS, et. al., 
 
) 
 
 
 
 
 
 
) 
 
 
 
Defendants.  
) 
____________________________________) 
 
Harry Wallace, Esq., 
Miami, FL 
For the Government 
 
Reinaldo Berrios 
 
Defendant Pro Se 
 
ORDER 
 
 
UPON CONSIDERATION of Magistrate Judge George W. Cannon Jr.’s Report and 
Recommendation (“R&R”) (Dkt. No. 903) regarding Defendant Reinaldo Berrios’ Motion to 
Vacate (Dkt. Nos. 776, 777); the Government’s Response to Berrios’ Motion to Vacate (Dkt. 
No. 823); Defendant Berrios’ Objections to Magistrate Judge Cannon’s R&R (Dkt. No. 917); 
and Defendant Berrios’ First through Fifth Motions to Supplement his Motion to Vacate (Dkt. 
Nos. 846, 961, 962, 964, 988); 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. 903) is ADOPTED AS MODIFIED in the 
accompanying Memorandum Opinion; and it is further  
 
ORDERED that Defendant Berrios’ Motion to Vacate (Dkt. Nos. 776, 777) is 
GRANTED IN PART AND DENIED IN PART; and it is further 
Case: 1:04-cr-00105-WAL-EAH     Document #: 1000     Filed: 07/25/23     Page 1 of 2
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ORDERED that Defendant Berrios’ Motion to Vacate is GRANTED insofar as the 
Court finds that two of Defendant Berrios’ 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 nine 
counts for which Defendant Berrios’ convictions remain valid by further Order of the Court; 
and it is further 
 
ORDERED that Defendant Berrios’ Motion to Vacate is otherwise DENIED.  
 
SO ORDERED. 
Date: July 25, 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 #: 1000     Filed: 07/25/23     Page 2 of 2