United States v. Hodge

77 F. Supp. 2d 674, 41 V.I. 428, 1999 WL 781617, 1999 U.S. Dist. LEXIS 15251
CourtDistrict Court, Virgin Islands
DecidedSeptember 23, 1999
DocketCrim. No. 1999-006
StatusPublished
Cited by2 cases

This text of 77 F. Supp. 2d 674 (United States v. Hodge) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hodge, 77 F. Supp. 2d 674, 41 V.I. 428, 1999 WL 781617, 1999 U.S. Dist. LEXIS 15251 (vid 1999).

Opinion

MOORE, Judge

MEMORANDUM OPINION

The following memorializes the Court's rulings from the bench on certain motions after the hearing on September 10, 1999. Defendant Irvine Hodge, Jr. ["Hodge"2 ] filed the following motions: for recusal of the undersigned trial judge, to dismiss, to sever, to exclude testimony of prior convictions, and to exclude the eyewitness identification of defendant Hodge. The Court also heard argument and received evidence concerning defendant Jason Hull's ["Hull"] motion to suppress.3

I. DEFENDANT HODGE’S MOTIONS

A. Motion to Recuse Trial Judge

Hodge argued that several factors required the undersigned to recuse himself from this matter, namely that the undersigned presided over Hodge's jury trial for robbery of the same premises alleged here, sentenced Hodge upon his conviction by the jury for that robbery, was aware of an indictment returned against Hodge in this matter, and heard argument and issued a ruling concerning a sealed matter presently on appeal which involves this matter. The basis for this motion to recuse was 28 U.S.C § 455(a).

Notably, Hodge offered only the undersigned's rulings made within the ordinary course of the exercise of judicial duties in support of his motion. "Judicial rulings alone almost never consti[430]*430tute a valid basis for a bias or partiality motion." Liteky v. United States, 510 U.S. 540, 127 L. Ed. 2d 474, 114 S. Ct. 1147 (1994). In order for such judicial rulings alone to warrant recusal, the defendant had to show that the undersigned has displayed some degree of antagonism or favoritism toward the defendant. Hodge made no suggestion that the undersigned has shown any animosity toward him or favoritism toward the government. Accordingly, the Court denied Hodge's motion for the recusal.

B. Motion to Dismiss

Hodge also moved to dismiss the charges against him for lack of subject matter jurisdiction. The indictment charged Hodge in count I with committing a robbery which interfered with interstate commerce in violation of 18 U.S.C. § 1951 ["Hobbs Act"]. The Hobbs Act makes "whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery ... or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose"4 to do so, prosecutable in federal court for a violation of United States law.

Hodge is also charged with two other federal crimes, which both depend on the viability of the Hobbs Act count. Count II, possession of a firearm during the commission of the robbery, 18 U.S.C. [431]*431§ 924(c)(1),5 requires as a jurisdictional predicate a "crime of violence ... for which the person may be prosecuted in a court of the United States." A Hobbs Act robbery is such a crime of violence. See id. § 924(c)(3). The necessary precondition for federal jurisdiction under the first degree murder charge in count IE, 18 U.S.C. § 924(j)(l),6 is simply the Hobbs Act robbery. See id. § 924(j)(l).

Hodge claimed that all three counts of the indictment must be dismissed because this Court lacks jurisdiction over the Hobbs Act, and the other two counts would necessarily fall like dominos without the Hobbs Act's support. As best the Court could understand, Hodge argued that, when Congress passed the Hobbs Act in 1934,7 it did not intend to give the District Court of the Virgin Islands jurisdiction over criminal conduct which violates the Virgin Islands Code, because at that time crimes that violated the [432]*432Virgin Islands Code were not prosecutable in the Territorial Court. Indeed, the Territorial Court did not come into existence until 1976.8

Hodge does not appear to contest that Congress, when enacting the Hobbs Act, intended to federalize some state crimes because Congress felt that states were not adequately prosecuting certain crimes. See United States v. Culbert, 435 U.S. 371, 379-80, 55 L. Ed. 2d 349, 98 S. Ct. 1112 (1978)(describing congressional intent behind passage of Hobbs Act). Rather, the argument seemed to be that, since all crimes in the Virgin Islands, both federal and territorial, were prosecuted in the district court in 1934, Congress did not intend for the Hobbs Act to apply to the Virgin Islands. Furthermore, according to Hodge, the Hobbs Act did not become applicable even when the Virgin Islands Legislature transferred original jurisdiction over all Virgin Islands offenses from this Court to the Territorial Court, as enabled by Congress in the 1984 amendments to the Revised Organic Act.9 Hodge ultimately seemed to argue that this Court should decline to exercise federal jurisdiction where there is also a territorial statute on point, in order somehow to maintain the appropriate federal-territorial balance.

The defendant attempted to find support for his argument in the legislative history of the Hobbs Act, as discussed in United States v. Culbert, 435 U.S. 371, 55 L. Ed. 2d 349, 98 S. Ct. 1112 (1978).10 [433]*433Defendant Hodge's argument is supported by neither the language of the Hobbs Act itself nor the Supreme Court's Culbert decision. The Hobbs Act defines "commerce" to mean "commerce within . . . any Territory... of the United States." 18 U.S.C. § 1951(b)(3). This is in accord with the obvious fact that the Virgin Islands is not a state. All commerce within the Territory therefore, is interstate commerce. There can be, by definition, no intrastate commerce within the Territory of the Virgin Islands. Clearly, then, under the Hobbs Act, Congress intended to allow federal prosecution of interference with commerce by robbery in the territories.

Moreover, in 1978, the Supreme Court in Culbert specifically recognized and approved what defendant Hodge, and others before him, have criticized as rampant "federalization" of local crimes.

With regard to the concern about disturbing the federal-state balance, moreover, there is no question that Congress intended to define as a federal crime conduct that it knew was punishable under state law. The legislative debates are replete with statements that the conduct punishable under the Hobbs Act was already punishable under state robbery and extortion statutes. Those who opposed the Act argued that it was a grave interference with the rights of the States. Congress apparently believed, however, that the States had not been effectively prosecuting robbery and extortion affecting interstate commerce and that the Federal Government had an obligation to do so.

435 U.S. at 379-80.

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Related

People v. Thomas
49 V.I. 151 (Superior Court of The Virgin Islands, 2007)
United States v. Liburd
291 F. Supp. 2d 383 (Virgin Islands, 2003)

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Bluebook (online)
77 F. Supp. 2d 674, 41 V.I. 428, 1999 WL 781617, 1999 U.S. Dist. LEXIS 15251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hodge-vid-1999.