United States v. Hodge

Powell was carrying $33,550 in cash deposits from a K-Mart to an armored vehicle and met his supervisor, Bougouneau. In the parking lot, a man, whose face was partially covered, shot Powell three times and Bourgouneau once and took the bag. Schneider, an off-duty Virgin Islands police officer, happened to be present and recognized Hodge as the shooter. Hodge was apprehended. Both Powell and Bougouneau survived. Hodge was charged with: Interference with Commerce by Robbery, 18 U.S.C. 1951; multiple counts of Use and Discharge of a Firearm During the Commission of a Crime of Violence (robbery and attempted murder), 18 U.S.C. 924(c)(1)(A); two counts of Attempted First Degree Murder, 14 V.I.C. 921, 922(a)(2); multiple counts of Using an Unlicensed Firearm During Commission of a Crime of Violence (attempted murder, robbery, first-degree assault), 14 V.I.C. 2253(a); two counts of First Degree Assault with Intent to Commit Murder, 14 V.I.C. 295(1); two counts of First Degree Robbery, 14 V.I.C. 1861 and 1862(1); and First Degree Reckless Endangerment, 14 V.I.C. 625(a). Before trial, Hodge indicated he wanted substitute counsel, but none was arranged. The Third Circuit vacated in part. Hodge’s multiple convictions under the Virgin Islands firearms statute violated his right against double jeopardy. The court rejected claims based on the denials of his motions to substitute counsel and to strike three jurors for cause, admission of prejudicial evidence at trial, alleged insufficiency of the evidence, and error in the jury instructions. View "United States v. Hodge" on Justia Law