United States of America Government of the Virgin Islands v. Clement Xavier

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Defendant Clement Xavier challenges his convictions and sentences for assault and weapons offenses. We will affirm in part, reverse in part, and remand for resentencing.

I

On May 20,1992, Clement Xavier and his brother, Franklin, were inside a grocery store in St. Croix when Craig Brodhurst drove into the parking lot. Brodhurst's wife, his two children, and two other adults, Alton Pennyfeather and Mario Edwards, were also in his car. When Edwards and Ms. Brodhurst went into the store, Franklin Xavier approached them, asking if Pennyfeather was in the…