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HENRY v. GOVERNMENT OF VIRGIN ISLANDS

No. 2002/161.

340 F.Supp.2d 583 (2004)

James HENRY, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee.

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

Filed: October 6, 2004.

Attorney(s) appearing for the Case

Jacqueline A. Drew, Esq., St. Croix, VI, for Appellant.

Maureen Phelan, AAG, St. Croix, VI, for Appellee.

Before: RAYMOND L. FINCH, Chief Judge, District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and LEON A. KENDALL, Judge of the Territorial Court, Sitting by Designation.

MEMORANDUM OPINION

PER CURIAM.

James Henry ["Henry", "appellant"] was convicted and sentenced in Territorial Court pursuant to a guilty plea. He now seeks to have that sentence vacated and a resentencing ordered on grounds the Government's harsh sentencing recommendation constituted a breach of its plea agreement. The following issues are presented for review: 1) Whether the prosecution breached...

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