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U.S. v. XAVIER

No. 92-7575.

2 F.3d 1281 (1993)

UNITED STATES of America; Government of the Virgin Islands v. Clement XAVIER, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 16, 1993.

Attorney(s) appearing for the Case

Joel H. Holt (argued), Law Offices of Joel H. Holt, Christiansted, St. Croix, U.S. VI, for appellant.

Alphonso G. Andrews, Jr. (argued), Office of U.S. Atty., Christiansted, St. Croix, U.S. VI, for appellee, the U.S.

Before: GREENBERG, SCIRICA and GARTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Defendant Clement Xavier challenges his convictions and sentences for assault and weapons offenses. We will affirm in part, reverse in part, and remand for resentencing.

I.

On May 20, 1992, Clement Xavier and his brother, Franklin, were inside a grocery store in St. Croix when Craig Brodhurst drove into the parking lot. Brodhurst's wife, his two children, and two other adults, Alton Pennyfeather...

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