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TOUSSAINT v. GOVERNMENT OF VIRGIN ISLANDS

No. CR.A.1996-049, CR.A.1996-050, CR.A.1996-051, CR.A.1996-210.

301 F.Supp.2d 420 (2004)

Glenston TOUSSAINT, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee. Kirk Orlando Browne, Appellant, v. Government of the Virgin Islands, Appellee. Kevin David, Appellant/Cross Appellee, v. Government of the Virgin Islands, Appellee/Cross Appellant

District Court of the Virgin Islands, Appellate Division, D. St. Thomas and St. John.

February 2, 2004.

Attorney(s) appearing for the Case

Bernard VanSluytman, St. Thomas, VI, for Appellant Toussaint.

Marcia Resnick, St. Thomas, VI, for Appellant Browne.

Robert Murnan, St. Thomas, VI, for Appellant/Cross Appellee David.

Maureen Phelan, Assistant Attorney General, Virgin Islands Department of Justice, St. Thomas, VI, for Appellee/Cross Appellant Government of the Virgin Islands.

Before: RAYMOND L. FINCH, Chief Judge, District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and MARIA M. CABRET, Presiding Judge of the Territorial Court of the Virgin Islands, St. Croix Division, Sitting by Designation.

MEMORANDUM

PER CURIAM.

On May 7, 1997, this Court issued its decision in Toussaint v. Government of the Virgin Islands, 964 F.Supp. 193, 36 V.I. 185 (D.V.I.1997) ["Toussaint"]. The next day, the United States Court of Appeals for the Third Circuit issued its opinion in United States v. McKie, 112 F.3d 626, 36 V.I. 367 (3d Cir.1997) ["McKie"]. The Government...

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