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GOVERNMENT OF VIRGIN ISLANDS v. FAHIE

No. CRIM.APP.2001-324.

304 F.Supp.2d 669 (2004)

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

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

February 11, 2004.

Attorney(s) appearing for the Case

Richard S. Davis, Assistant Attorney General, Department of Justice, St. Thomas, VI, for Appellant.

Charles S. Russell, Jr., St. Thomas, 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 MARIA M. CABRET, Presiding Judge of the Territorial Court, Sitting by Designation.

MEMORANDUM OPINION

PER CURIAM.

I. SUMMARY

The appellee moves to dismiss this appeal as barred by double jeopardy. For the reasons explained below, we will deny the appellee's motion to dismiss.

The government alleges that the territorial court erred as a matter of law in (1) finding that the government's failure to disclose a firearms trace summary violated Brady; (2) determining that the failure to disclose the summary did not fall...

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