DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
UNITED STATES OF AMERICA,
5
5
Plaintiff,
5
2008-CR-0018-01
v.
5
5
FRANKLIN XAVIER,
5
5
Defendant.
5
__________________________________________5
TO:
Kim Lindquist, Esq., AUSA
Amelia B. Joseph, Esq.
Jomo Meade, Esq.
ORDER DENYING DEFENDANT FRANKLIN XAVIER’S MOTION TO
WITHDRAW MOTION FOR CONTINUANCE
THIS MATTER came before the Court upon Defendant Franklin Xavier’s Motion 
to Withdraw Motion For Continuance (Docket No. 79).  A hearing was held on February
26, 2009.  The government was represented by Kim Lindquist, Esq., AUSA; and Amelia B.
Joseph, Esq.,  appeared on behalf of said Defendant.  Defendant Franklin Xavier also was
present.  
The record reflects that said Defendant’s Motion For Continuance already was ruled
upon and granted by the Court’s Order Granting Defendant Franklin Xavier’s Motion For
Continuance (Docket No. 72), entered February 4, 2009.  It also should be noted that at the
Case: 1:08-cr-00018-WAL-GWC   Document #: 83   Filed: 02/26/09   Page 1 of 2
United States v. Xavier
2008-CR-0018-01
Order Denying Defendant Franklin Xavier’s Motion to Withdraw Motion For Continuance
Page 2
hearing upon said motion, the Court confirmed with said Defendant, in open court, said
Defendant’s desire for a continuance.  The record further reflects that a superseding
indictment was filed against said Defendant.  Based upon the foregoing, the Court finds the
motion to withdraw motion moot.
WHEREFORE, it is now hereby ORDERED that Defendant Franklin Xavier’s
Motion to Withdraw Motion For Continuance (Docket No. 79) is DENIED AS MOOT.
ENTER:
Dated: February 26, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:08-cr-00018-WAL-GWC   Document #: 83   Filed: 02/26/09   Page 2 of 2