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GOVERNMENT OF THE VIRGIN ISLANDS v. PINNEY

No. 91-3425.

967 F.2d 912 (1992)

GOVERNMENT OF THE VIRGIN ISLANDS v. Robert PINNEY, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 22, 1992.

Attorney(s) appearing for the Case

Thurston T. McKelvin, Federal Public Defender, Augustin Ayala (Argued), Asst. Federal Public Defender, District of the Virgin Islands, St. Thomas, U.S. Virgin Islands, for appellant.

Terry M. Halpern, U.S. Atty., Audrey Thomas-Francis (Argued), Asst. U.S. Atty., Charlotte Amalie, U.S. Virgin Islands, for appellee.

Before: STAPLETON, HUTCHINSON, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Robert Pinney appeals his conviction for aggravated rape in violation of V.I.Code Ann. tit. 14, § 1700(a)(1) (Supp.1990).1 The district court had jurisdiction over this case under 48 U.S.C. § 1612 and V.I.Code Ann. tit. 4, § 32. We have jurisdiction over Pinney's appeal pursuant to 28 U.S.C. § 1291. We will reverse and remand for a new trial.

I.

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