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VIRGIN ISLANDS v. MARTINEZ

No. 08-2694.

620 F.3d 321 (2010)

Government of the VIRGIN ISLANDS v. Kwanza MARTINEZ, Appellant.

United States Court of Appeals, Third Circuit.

Filed: September 8, 2010.

Attorney(s) appearing for the Case

Martial A Webster, Sr., Esq. , St. Croix, V.I., for Appellant.

Tiffany V. Robinson, Esq. , Office of the Attorney General of the Virgin Islands, St. Thomas, VI, for Appellee.

Before SMITH, CHAGARES, and JORDAN, Circuit Judges.

OPINION

CHAGARES, Circuit Judge.

Kwanza Martinez was convicted in the Territorial Court of the Virgin Islands of kidnapping for rape, and he was sentenced to thirty years in prison. The Appellate Division of the District Court of the Virgin Islands affirmed the conviction. Three months later, Martinez filed a notice of appeal in this Court. Concluding that the Government has forfeited its ability to attack the appeal as untimely pursuant to Federal Rule...

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