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GOVERNMENT OF VIRGIN ISLANDS v. NICHOLAS

No. 83-3430.

759 F.2d 1073 (1985)

GOVERNMENT OF the VIRGIN ISLANDS v. NICHOLAS, Connie, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 29, 1985.

Rehearing and Rehearing Denied May 7, 1985.

Attorney(s) appearing for the Case

Michael A. Joseph (argued), Federal Public Defender, Christiansted, St. Croix, V.I., for appellant.

James W. Diehm (argued), U.S. Atty., Christiansted, St. Croix, V.I., for appellee.

Before SEITZ, Chief Judge, and GARTH and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 7, 1985.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge:

In this appeal we are asked to determine whether the district court abused its discretion in denying without an evidentiary hearing defendant's motion to vacate, set aside and correct a sentence under 28 U.S.C. § 2255.

Defendant Connie Nicholas ("Nicholas") was convicted of first-degree murder, 14 V.I.C. §§ 921...

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