Marsham v. Government of the Virgin Islands

OPINION OF THE COURT

Appellant Warrington Marsham [“Mars-ham” 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 may not be ordered in the Virgin Islands without first placing a defendant on probation.

I. FACTUAL AND LEGAL BACKGROUND

Between July 12 and September…