Legal Opinion

Monsanto v. Government of the Virgin Islands

District Court, Virgin Islands

Decided July 7, 2009No. D.C. Criminal App. No. 2004-129Published

1Opinion of the Court

MEMORANDUM OPINION

(July 7, 2009)

Following a jury trial in the Superior Court of the Virgin Islands, Eugene Monsanto (“Monsanto” or “appellant”) was found guilty of unlicensed possession of a firearm and sentenced to fifteen years in prison. On appeal, Monsanto asserts that there was insufficient evidence for the Superior Court to find him guilty and that his sentence violates the Eighth amendment prohibition against cruel and unusual punishment. For the reasons set forth below, the Court will affirm the Superior Court’s judgment and sentence.

I. FACTS AND PROCEDURAL HISTORY

On May 13, 2002,…

2Cases cited14 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. United States v. Robert U. SymeCourt of Appeals for the Third Circuit · 2002
  3. United States v. Robert Joseph Carr, Jr., in No. 93-1376. United States of America v. Walter Orlando Cardona-Usquiano, in No. 93-1383Court of Appeals for the Third Circuit · 1994
  4. United States v. Daniel Inocencio, Evaristo Hinojosa, Sr., Daniel Alfonso ReyesCourt of Appeals for the Fifth Circuit · 1995
  5. United States v. Charles LochanCourt of Appeals for the First Circuit · 1982

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