Court of Appeals for the Third Circuit August 16, 1993, 92-7575 (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.