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GOVERNMENT OF VIRGIN ISLANDS v. FAHIE

No. 04-1567.

419 F.3d 249 (2005)

GOVERNMENT OF THE VIRGIN ISLANDS, v. Jareem FAHIE Appellant.

United States Court of Appeals, Third Circuit.

Decided August 16, 2005.

Attorney(s) appearing for the Case

Charles S. Russell, Jr. (Argued), Moore, Dodson, & Russell, Charlotte Amalie, St. Thomas, United States Virgin Island, for Appellant.

Richard S. Davis (Argued), Office of Attorney General of Virgin Islands, Department of Justice, Charlotte, Amalie, St. Thomas, United States Virgin Islands, for Appellee.

Before: SLOVITER, FUENTES, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

This appeal concerns when, if ever, dismissal with prejudice is an appropriate remedy for a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The Territorial Court of the Virgin Islands dismissed a charge against Defendant-Appellant Jareem Fahie for possession of an unlicensed firearm after finding that the government failed to disclose a...

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