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GOVERNMENT OF VIRGIN ISLANDS v. ALMENT

No. 86-3495.

820 F.2d 635 (1987)

GOVERNMENT OF the VIRGIN ISLANDS, Appellant, v. ALMENT, Eitel

United States Court of Appeals, Third Circuit.

Decided June 9, 1987.

Attorney(s) appearing for the Case

Jim U. Oliver, Jr., Office of U.S. Atty., Christiansted, St. Croix, U.S. Virgin Islands and Sara Criscitelli, U.S. Dept. of Justice, Washington, D.C. (argued), for appellant.

Robert L. Tucker, Federal Public Defender, Melody L. Moss, Asst. Federal Public Defender (argued), Christiansted, St. Croix, U.S. Virgin Islands, for appellee.

Before SEITZ, HIGGINBOTHAM and ROSENN, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal by the Virgin Islands Government from the district court's order vacating a jury conviction and its judgment acquitting defendant Eithel1 Alment of kidnapping with intent to rape.2 We are presented with the issue whether defendant's actions of grabbing his victim by the neck,3 forcibly removing...

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