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JOSEPH v. DE CASTRO

No. 91-26.

805 F.Supp. 1242 (1992)

Rafael O. JOSEPH, Plaintiff/Appellant, v. Godfrey DE CASTRO, Attorney General, John Bell, Director of Bureau of Corrections and Isidore Bell, Warden, Defendants/Appellees.

District Court, Virgin Islands, Division of St. Croix, Appellate Division.

September 30, 1992.

Attorney(s) appearing for the Case

Warren B. Cole, Law Offices of Hunter Colianni Cole & Turner Christiansted, St. Croix U.S.V.I., for appellant/plaintiff.

Robert W. Bornholt, Asst. Atty. Gen., Dept. of Justice, St. Thomas, U.S.V.I., for defendants/appellees.

Before: STANLEY S. BROTMAN, Acting Chief Judge, District Court of the Virgin Islands, Judge of the United States District Court for the District of New Jersey, sitting by designation; ANNE E. THOMPSON, Judge of the United States District Court for the District of New Jersey, sitting by designation; and IVE A. SWAN, Judge of the Territorial Court of the United States, Virgin Islands, sitting by designation.

OPINION OF THE COURT

BROTMAN, Acting Chief Judge.

I. PROCEDURAL BACKGROUND

Appellant Rafael O. Joseph ("Joseph"), convicted and sentenced for local crimes by the District Court of the Virgin Islands, Division of St. Croix, appeals from the decision of the St. Croix division of the Territorial Court dismissing his petition for habeas corpus relief.

Appellant is presently confined at the federal penitentiary in Lompoc, California. He was...

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