USA v. Richardson et al

DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
UNITED STATES OF AMERICA,
Plaintiff,
v.
CRAIG RICHARDSON,
Defendant.
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) Criminal No. 2017-19
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ATTORNEYS:
Gretchen Shappert, USA
Delia Smith, AUSA
Meredith Edwards, AUSA
United States Attorney’s Office
St. Thomas, VI
For the United States of America,
Treston Moore, Esq.
Charles Russell, Esq.
Mood, Dodson & Russell
St. Thomas, VI
For Craig Richardson.
ORDER
GÓMEZ, J.
Before the Court is the application of Craig Richardson
(“Richardson”) to transfer his sentencing from this Court to a
federal district court in another judicial district.
Richardson was charged by indictment in this Court with one
count of conspiracy to possess with intent to distribute cocaine
and twelve counts of possession with intent to distribute
cocaine. Richardson pled guilty to the conspiracy count in this
district.
Case: 3:17-cr-00019-RAM-RM Document #: 363 Filed: 07/13/18 Page 1 of 3

United States v. Richardson
Criminal No. 2017-19
Order
Page 2
Richardson now seeks to transfer the sentencing in this
matter from this Court to a federal district court in another
judicial district. He asserts that such a transfer is permitted
by Federal Rule of Criminal Procedure 20 (“Rule 20”). Rule 20
provides, in pertinent part, that:
(a) Consent to Transfer. A prosecution may be
transferred from the district where the indictment
or information is pending, or from which a warrant
on a complaint has been issued, to the district
where the defendant is arrested, held, or present
if:
(1) the defendant states in writing a wish
to plead guilty or nolo contendere and to
waive trial in the district where the
indictment, information, or complaint is
pending, consents in writing to the
court's disposing of the case in the
transferee district, and files the
statement in the transferee district; and
(2) the United States attorneys in both
districts approve the transfer in writing.
(b) Clerk's Duties. After receiving the
defendant's statement and the required approvals,
the clerk where the indictment, information, or
complaint is pending must send the file, or a
certified copy, to the clerk in the transferee
district.
Fed. R. Crim. P. 20(a)-(b).
Significantly:
there is no authority under Rule 20 (or elsewhere
for that matter) for a district court to accept a
guilty plea from a party and then transfer the
case to a different jurisdiction for sentencing.
Case: 3:17-cr-00019-RAM-RM Document #: 363 Filed: 07/13/18 Page 2 of 3

United States v. Richardson
Criminal No. 2017-19
Order
Page 3
Subsections (a) and (b) of Rule 20 discuss the
transfer of cases. Both of these provisions
discuss the waiver of trial in the transferor
district and the entry of a plea and the
disposition of the case in the transferee
district. This language does not authorize a
transfer for the purpose of imposing sentence when
there is no case pending in the transferee
district.
United States v. Lovell, 81 F.3d 58, 60 (7th Cir. 1996). As
such, the relief that Richardson seeks is not available to him.
The premises considered; it is hereby
ORDERED that the motion to transfer is DENIED.
S\
Curtis V. Gómez
District Judge
Case: 3:17-cr-00019-RAM-RM Document #: 363 Filed: 07/13/18 Page 3 of 3