Government of the Virgin Islands v. CHRISTOPHER BARTON APPEAL FROM THE DISTRICT COURT OF THE VIRGIN ISLANDS (D.C. No.…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 05-1341
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GOVERNMENT OF THE VIRGIN ISLANDS,
Appellant
v.
CHRISTOPHER BARTON
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APPEAL FROM THE DISTRICT COURT OF THE VIRGIN ISLANDS
(D.C. No. 04-cr-00089)
Chief District Judge: The Honorable Raymond L. Finch
District Judge: The Honorable Thomas K. Moore
Territorial Judge: The Honorable Darryl Dean Donohue
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ARGUED DECEMBER 5, 2005
BEFORE: SCIRICA, Chief Judge, McKee and Nygaard, Circuit Judges.
(Filed :April 5, 2006)
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Richard S. Davis, Esq. (Argued)
Office of Attorney General of Virgin Islands
Department of Justice
34-38 Kronprindsens Gade
GERS Building, Second Floor
Charlotte Amalie, St. Thomas, USVI 00802
Counsel for Appellant

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Andrew C. Simpson, Esq. (Argued)
5025 Anchor Way, Suite One
Gallows Bay
Christiansted, St. Croix, USVI 00820
Counsel for Appellee
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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
The issue in this appeal is whether a copy of a court order, submitted in an attempt
to establish the finality of a Florida custody order, was properly admitted into evidence
during the trial of Christopher Barton for concealing a material fact from a government
agency. The Territorial Court admitted the copy into evidence and, based entirely on the
admitted copy, a jury convicted Barton. On appeal, the Appellate Division of the District
Court (consisting of three District judges) reversed and vacated the sentence. We agree
substantially with the Appellate Division’s opinion that the copy was not admissible
under any relevant Federal Rule of Evidence. Accordingly, we will affirm the Appellate
Division’s order vacating Barton’s conviction.

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