DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
) 
UNITED STATES OF AMERICA 
) 
) 
Criminal Action No. 2004-0105 
v. 
) 
) 
FELIX CRUZ, et. al., 
) 
) 
Defendants. 
) 
____________________________________) 
Harry Wallace, Esq., 
St. Croix, U.S.V.I. 
For the Government 
Felix Cruz 
Defendant Pro Se 
ORDER 
UPON CONSIDERATION of Magistrate Judge George W. Cannon Jr.’s Report and 
Recommendation (“R&R”) (Dkt. No. 881) regarding Defendant Felix Cruz’s Motion to Vacate 
(Dkt. Nos. 753, 756, 756-1, 756-2); the Government’s Response to Defendant Cruz’s Motion 
to Vacate (Dkt. No. 806); Defendant Cruz’s Reply (Dkt. No. 857); Defendant Cruz’s 
Objections to Magistrate Judge Cannon’s R&R (Dkt. No. 885); Defendant Cruz’s First through 
Eighth Motions to Supplement his Motion to Vacate (Dkt. Nos. 779, 870, 916, 919, 938, 952, 
957, 989); the Government’s Supplemental Response to Defendant Cruz’s Second Motion to 
Supplement (Dkt. No. 902); and the Government’s Supplemental Response to Defendant 
Cruz’s Third through Seventh Motions to Supplement (Dkt. No. 982); 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. 881) is ADOPTED AS MODIFIED HEREIN; and it 
is further  
Case: 1:04-cr-00105-WAL-EAH     Document #: 991     Filed: 07/18/23     Page 1 of 2
2 
 
 
ORDERED that Defendant Cruz’s Motion to Vacate (Dkt. No. 753) is GRANTED IN 
PART AND DENIED IN PART; and it is further 
 
ORDERED that Defendant Cruz’s Motion to Vacate is GRANTED insofar as the 
Court finds that two of Defendant Cruz’s 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 seven 
counts for which Defendant Cruz’s convictions remain valid by further Order of the Court; and 
it is further 
 
ORDERED that Defendant Cruz’s Motion to Vacate is otherwise DENIED.  
SO ORDERED. 
 
Date: July 18, 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 #: 991     Filed: 07/18/23     Page 2 of 2