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GOV'T OF VIRGIN ISLANDS v. GEREAU

Nos. 78-1384, 78-1385.

603 F.2d 438 (1979)

GOVERNMENT OF the VIRGIN ISLANDS v. Beaumont GEREAU, Ishmael La Beet, Warren Ballentine, Meral Smith, Raphael Joseph, Beaumont Gereau, Appellant in No. 78-1384, Warren Ballentine, Appellant in No. 78-1385.

United States Court of Appeals, Third Circuit.

Decided July 20, 1979.

Attorney(s) appearing for the Case

William M. Kunstler, New York City, for appellant in No. 78-1384.

Margaret L. Ratner, New York City, for appellant in No. 78-1385.

Samuel A. Alito, Jr., Asst. U.S. Atty., Newark, N.J., Ismael A. Meyers, U.S. Atty., Charlotte Amalie, St. Thomas, V.I., for appellee.

Before ROSENN, HUNTER and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

We review here the denial of the motions filed under Rule 35 of the Federal Rules of Criminal Procedure by Beaumont Gereau and Warren Ballentine for reduction of sentence. We will conclude that the court below had jurisdiction to decide these motions and that the court below acted within its discretion in denying these motions. Therefore, we will affirm.

I. PROCEDURAL HISTORY

On August 13, 1973 appellants...

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