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U.S. v. KENNINGS

No. 87-3488.

861 F.2d 381 (1988)

UNITED STATES of America, Appellant, v. Arnaldo KENNINGS, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 31, 1988.

Attorney(s) appearing for the Case

John F. De Pue (argued), U.S. Dept. of Justice, Washington, D.C., Terry M. Halpern, U.S. Atty., Hugh P. Mabe, Asst. U.S. Atty., U.S. Dept. of Justice, Charlotte Amalie, St. Thomas, Virgin Islands, for appellant.

Mario R. Bryan (argued), Charlotte Amalie, St. Thomas, Virgin Islands, for appellee.

Before SEITZ, SLOVITER and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

The Government of the Virgin Islands appeals from the dismissal of a criminal information by the District Court of the Virgin Islands, sua sponte, but with the express consent of defense counsel, grounded upon the court's belief that the government had proceeded under a jurisdictionally inappropriate statute. Because the dismissal occurred after the attachment of jeopardy, the threshold question before us...

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