GOVERNMENT OF VIRGIN ISLANDS v. SMITH

Nos. 79-1212 to 79-1215.

615 F.2d 964 (1980)

GOVERNMENT OF the VIRGIN ISLANDS, Appellee, v. Glen SMITH, Elton Rieara, Elvis Smith and Roland Georges, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 5, 1980.


Attorney(s) appearing for the Case

Peter A. Martin, Dudley, Martin & Dudley, Charlotte Amalie, St. Thomas, V. I., for Glen Smith.

Judith L. Bourne, Asst. Federal Public Defender, Charlotte Amalie, St. Thomas, V. I., for Rieara.

Herbert Muriel, St. Thomas, V. I., for Elvis Smith.

David S. Hoffenberg, Loud, Watts & Murnan, Charlotte Amalie, St. Thomas, V. I., for Georges.

Ishmael A. Meyers, U. S. Atty., District of the Virgin Islands, Terry M. Halpern, Asst. U. S. Atty., District of the Virgin Islands, Charlotte Amalie, St. Thomas, V. I., William C. Bryson, James A. Hunolt, Attys., App. Section, Crim. Div., Dept. of Justice, Washington, D. C., for appellee.

Before GIBBONS, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

In United States v. Herman, 589 F.2d 1191 (3d Cir. 1978) cert. denied 441 U.S. 913, 99 S.Ct. 2014, 60 L.Ed.2d 386 (1979), this court explored the circumstances in which a defendant may claim that immunity must be provided to defense witnesses. Although the Herman court rejected the claim for immunity in the case before it, it recognized two possible situations...

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