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GOVERNMENT OF VIRGIN ISLANDS v. RIVERA

No. 02-1457.

333 F.3d 143 (2003)

GOVERNMENT OF THE VIRGIN ISLANDS, Appellant v. Jamel RIVERA.

United States Court of Appeals, Third Circuit.

Filed June 18, 2003.

Attorney(s) appearing for the Case

Maureen Phelan, (Argued), Joel H. Feld, Office of Attorney General of Virgin Islands, Department of Justice, Charlotte Amalie, U.S. Virgin Islands, for Appellant.

Stephen A. Brusch, (Argued), Charlotte Amalie, U.S. Virgin Islands, for Appellee.

Before SCIRICA, Chief Judge, ALITO and RENDELL, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

The Appellate Division of the District Court of the Virgin Islands remanded this criminal case for resentencing to the Territorial Court of the Virgin Islands. The Government of the Virgin Islands has appealed. At issue is whether we have jurisdiction to hear the government's appeal.

I

On May 22, 1997, a jury convicted Jamel R. Rivera of assault in the first degree in violation of 14 V.I.Code Ann...

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