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Government of Virgin Islands v. Petersen

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


July 20, 1982

GOVERNMENT OF THE VIRGIN ISLANDS
v.
ELIAS PETERSEN, JR., APPELLANT

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE VIRGIN ISLANDS

Before: GARTH, ROSENN and HIGGINBOTHAM, Circuit Judges.

Opinion OF THE COURT

A. LEON Higginbotham, Jr., Circuit Judge.

In this appeal we are asked to review Petersen's convictions and sentences for first degree robbery, grand larceny, first degree assault and possession of an unlicensed firearm during the commission of a crime of violence. Petersen contends that the evidence was insufficient to support the jury's guilty verdict and urges us to reverse the judgments of conviction on all counts.*fn1 We decline to do so, and instead, consistent with our holding in Government of the Virgin Islands v. Kenneth Brown, 685 F.2d 834 (3d Cir., 1982),*fn2 we will reverse Petersen's conviction for grand larceny and remand Count II for a new trial.*fn3 We will also vacate the judgments and sentences for first degree assault and remand Counts IV, V and VI to the district court to enter judgments of conviction for third degree assault and to re-sentence Petersen appropriately. On all other counts we will affirm.


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