Government of the Virgin Islands v. Elveth Warner, in No. 94-7381. Government of the Virgin Islands v. Jacqueline Monsanto-Swan, in No. 94-7289

OPINION OF THE COURT

COWEN, Circuit Judge.

Elveth Warner and Jacqueline Monsanto-Swan, in two related cases, appeal from orders of the Appellate Division of the District Court of the Virgin Islands that dismissed their appeals for lack of jurisdiction. These two cases present essentially the same issue of jurisdiction: whether the appellate division has jurisdiction to entertain an appeal of a defendant who has pled guilty where the defendant claims an error in the sentencing procedure. Accordingly, we will address the two cases together. Because the appellate division erred in determining that…