Case Caption: Jeremy Michael Chciuk-Davis v. People of the Virgin IslandsCase Number: S. Ct. Crim. No. 2011-0019Date: 08/06/2012Author: Hodge, Rhys S. Citation: Summary:

In an appeal by a defendant after pleading guilty to voluntary manslaughter and being sentenced, the Superior Court's acknowledgment that it considered the parties' arguments prior to imposing a sentence of ten years imprisonment-the maximum sentence under 14 V.I.C. § 925(a)-is sufficient to demonstrate that it considered all of the aggravating and mitigating factors presented by both parties and tailored the sentence imposed to the circumstances surrounding this defendant's conviction. Thus the trial court did not violate his due process rights by failing to adequately individualize the sentence. Federal Rule of Criminal Procedure 32 is not applicable because Superior Court Rule 134 governs the procedure for sentencing defendants and entering judgments in Virgin Islands Superior Court proceedings, and thus the Superior Court was not obligated to consider the factors enumerated under 18 U.S.C. § 3553 in imposing its sentence. Therefore, the judgment and commitment of the Superior Court are affirmed.

Attachment: Open Document or Opinion