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MARSHAM v. GOVERNMENT OF VIRGIN ISLANDS

No. CRIM.APP.1999-173.

151 F.Supp.2d 643 (2001)

Warrington MARSHAM, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee.

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

June 13, 2001.

Attorney(s) appearing for the Case

Vincent A. Fuller, St. Thomas, VI, for Appellant.

Maureen Phelan Cormier, Assistant Attorney General, St. Thomas, VI, for Appellee.

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 MARIA M. CABRET, Presiding Judge of the Territorial Court of the Virgin Islands, Division of St. Croix, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

Appellant Warrington Marsham ["Marsham" or "appellant"] appeals his twenty-seven-year sentence and order of restitution upon his conviction by plea of guilty to three counts of grand larceny. Finding that the sentencing judge did not abuse his discretion and did not violate Marsham's Fifth or Eighth Amendment rights, we will affirm Marsham's prison sentence. We will vacate the order of restitution, however, since restitution...

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