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GOVERNMENT OF VIRGIN ISLANDS v. TESTAMARK

Nos. 77-1795 and 77-2092.

570 F.2d 482 (1978)

GOVERNMENT OF the VIRGIN ISLANDS, Appellant, v. Paul TESTAMARK, Appellee. GOVERNMENT OF the VIRGIN ISLANDS, Petitioner, v. Paul TESTAMARK, Respondent, and The Honorable Almeric L. Christian, Chief District Judge, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided February 9, 1978.

Attorney(s) appearing for the Case

Julio A. Brady, U. S. Atty., Thomas K. Moore, Asst. U. S. Atty., Charlotte Amalie, St. Thomas, V. I., for appellant in 77-1795 and petitioner in 77-2092.

Michael L. Rankin, Charlotte Amalie, St. Thomas, V. I., for Paul Testamark, appellee in 77-1795 and respondent in 77-2092.

Before ADAMS, ROSENN, and HUNTER, Circuit Judges.

OPINION OF THE COURT

(Filed February 9, 1978)

ROSENN, Circuit Judge.

This case arises from a refusal by the District Court of the Virgin Islands to apply the enhanced sentence provision of the Habitual Criminal Information Act, V.I. Code Ann. tit. 14 § 61(a) (Cum.Supp.1975),1 in sentencing convicted felon Paul Testamark. The Government appeals the dismissal of the information or, in the alternative, petitions for...

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