Government of the Virgin Islands v. Kramer

MEMORANDUM OPINION AND ORDER

The issues in this appeal from the territorial court are twofold: whether the discretionary provisions of 5 V.I.C. § 4613 are unconstitutional per se and whether the assistant attorney general abused his discretion by denying the appellant permission to enter *319the Virgin Islands pretrial intervention program. We find § 4613 is constitutional and that the assistant attorney general did not abuse his discretion.

I. FACTS

On June 22,1984, the appellant, Paul E. Kramer (“Kramer”), was charged in the territorial court with possession of an unlicensed firearm and with…