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GOVERNMENT OF VIRGIN ISLANDS v. UBILES

Nos. 2000-502, 2000-503, 2000-504, 2000-506.

317 F.Supp.2d 605 (2004)

GOVERNMENT OF THE VIRGIN ISLANDS, Appellant, v. Kahli UBILES, Jeffrey Roberts, Jason Roberts, and Albert Douglas, Appellees.

District Court, Virgin Islands, Appellate Division. D. St. Thomas.

May 3, 2004.

Attorney(s) appearing for the Case

Maureen Phelan, Assistant Attorney General, V.I. Department of Justice, St. Thomas, VI, for Appellant.

Pedro K. Williams, Esq., Law Offices of Frazer & Williams, St. Thomas, VI, for Appellee Kahli Ubiles.

Leigh F. Goldman, Esq., Smock Law Offices, St. Thomas, VI, for Appellee Albert Douglas.

Debra S. Watlington, Territorial Public Defender, St. Thomas, VI, for Appellee Jeffrey Roberts.

Before: RAYMOND L. FINCH, Chief Judge of the District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and PATRICIA D. STEELE, Judge of the Territorial Court, Division of St. Croix, sitting by designation.

MEMORANDUM

PER CURIAM.

I. SUMMARY

The government has appealed the trial judge's decision to dismiss, with prejudice, the charges against the defendants as a sanction for the government's violation of a discovery deadline. For the reasons set forth below, we hold a less severe sanction should have been imposed and vacate the trial court's dismissal.

II. FACTUAL AND PROCEDURAL BACKGROUND

On November 11, 1999, the defendants were...

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