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GOVERNMENT OF VIRGIN ISLANDS v. DAVID

No. 84-3044.

741 F.2d 653 (1984)

GOVERNMENT OF the VIRGIN ISLANDS, Appellant, v. DAVID, Clement.

United States Court of Appeals, Third Circuit.

Decided August 10, 1984.

Attorney(s) appearing for the Case

James W. Diehm, U.S. Atty., Genevieve Holm (argued), Christiansted, St. Croix, V.I., Terry M. Halpern, Asst. U.S. Attys., Charlotte Amalie, St. Thomas, V.I., for appellant, Government of Virgin Islands.

Harold Monoson, Charlotte Amalie, St. Thomas, V.I., for appellee.

Before SEITZ, GARTH, and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal arises from a refusal by the District Court of the Virgin Islands to apply the enhanced sentence provision of the Habitual Criminal Information Act, 14 V.I.C. § 61(a) (Cum.Supp.1982) (mandating minimum ten-year prison sentence), in sentencing convicted felon Clement David. The Government appeals the dismissal of the information or, in the alternative, petitions for a writ of mandamus ordering resentencing...

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