DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
HENRY FREEMAN, 
Defendant. 
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Case No. 3:06-cr-0080 
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ORDER 
 
BEFORE THE COURT is the November 21, 2017 limited remand from the Third 
Circuit in this matter. (ECF No. 1540.)  
 
On October 1, 2007, Freeman was found guilty of conspiracy to possess cocaine with 
intent to distribute. Thereafter, on April 15, 2009, the sentencing judge sentenced Freeman 
to a term of imprisonment of 188 months to be followed by a term of supervised release of 
three years. 
On February 12, 2015, Freeman filed a motion seeking a sentence reduction pursuant 
to 18 U.S.C. § 3582(c)(2) based on Amendment 782 to the sentencing guidelines, which 
reduced the base offense level by 2 for many drug offenses. (ECF No. 1459.) Thereafter, on 
November 3, 2015, the Court (Gomez, J.)1 entered an order denying Freeman’s motion for a 
sentence reduction. (ECF No. 1471.)  
On April 4, 2016, Freeman filed a notice of appeal directed at the Court’s November 
3, 2015 Order. On the same day, he also filed a “notice of delayed filing of notice of appeal.” 
In that filing, Freeman indicates that he did not receive notice of the Court’s November 3, 
2015, order until March 21, 2016. 
 
On November 21, 2017, the Court of Appeals for the Third Circuit issued an order that 
remanded the appeal to this Court for two limited purposes. (ECF No. 1540.) The Third 
Circuit explained that it “lacks a sufficient factual basis to conclusively determine whether 
the time for filing an appeal is subject to tolling, and in turn, whether [it has] jurisdiction over 
 
1 This case was assigned to the undersigned judicial officer on May 13, 2020. (ECF No. 1555.) 
Case: 3:06-cr-00080-RAM-RM   Document #: 1556   Filed: 11/05/20   Page 1 of 2
United States v. Freeman 
Case No. 3:06-cr-0080 
Order 
Page 2 of 2 
 
this appeal.” Id. at 1. As such, one of the limited purposes for which the Third Circuit 
remanded to this Court was “to permit the District Court to conduct fact-finding pertinent to 
[the Third Circuit’s] exercise of jurisdiction.” Id. at 2.  
 
To conduct this fact-finding, the Court finds it necessary to inquire of the Clerk of 
Court as to whether the Clerk’s Office served Freeman with the November 3, 2015 Order. 
 
The premises considered, it is hereby 
 
ORDERED that, by no later than November 10, 2020, the Clerk of Court shall file a 
response to this order addressing two inquiries: (1) whether the Clerk’s Office served 
Defendant Freeman with the November 3, 2015 Order; and (2) whether, in 2015, the docket 
would ordinarily reflect that a pro se incarcerated defendant was served with a copy of an 
order in a criminal case. 
 
 
 
Dated: November 5, 2020  
/s/ Robert A. Molloy  
 
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
 
District Judge 
Case: 3:06-cr-00080-RAM-RM   Document #: 1556   Filed: 11/05/20   Page 2 of 2