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GOVERNMENT OF VIRGIN ISLANDS v. MARSHAM

No. 01-2662.

293 F.3d 114 (2002)

GOVERNMENT OF the VIRGIN ISLANDS, Appellant, v. Warrington MARSHAM.

United States Court of Appeals, Third Circuit.

Opinion Filed June 5, 2002.

Attorney(s) appearing for the Case

Richard S. Davis, Maureen P. Cormier (argued), Assistant Attorneys General, Department of Justice, St. Thomas, U.S. Virgin Islands, for appellant.

Vincent A. Fuller, Jr. (argued), Medical Arts Complex, St. Thomas, U.S. Virgin Islands, for appellee.

Before: AMBRO, FUENTES and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

On this appeal, after we conducted a thorough examination of the relevant Virgin Islands statutes, we have concluded — contrary to the District Court of the Virgin Islands, Appellate Division (the "Appellate Division") — that in sentencing a criminal defendant, there is no statutory or decisional bar preventing restitution from being ordered when the defendant must also serve time in prison and is...

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