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GOVERNMENT OF VIRGIN ISLANDS v. MILLS

Nos. 90-3531, 90-3596.

935 F.2d 591 (1991)

GOVERNMENT OF the VIRGIN ISLANDS, Appellant, v. Paul MILLS, Appellee. GOVERNMENT OF the VIRGIN ISLANDS, Appellant, v. Lynn SMITH, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 3, 1991.

Attorney(s) appearing for the Case

Terry M. Halpern, U.S. Atty., Audrey Thomas-Francis, Azekah Jennings, Asst. U.S. Attys., District of the Virgin Islands, Joseph Douglas Wilson (Argued), Dept. of Justice, Washington, D.C., for appellant.

Thurston T. McKelvin, (Argued), Acting Federal Public Defender, St. Thomas, Virgin Islands, for appellee, Paul Mills.

John L. Maduro (Argued), St. Thomas, Virgin Islands, for appellee, Lynn Smith.

Before BECKER, SCIRICA and ALITO, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

The Government of the Virgin Islands seeks review of two orders granting new trials under Fed.R.Crim.P. 25(b),1 which specifies the applicable procedures when the trial judge in a criminal case is unable to complete the remaining duties following a verdict or finding of guilt. Rule 25(b) permits another judge to perform those duties but also...

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