United States First Circuit

Grant of a motion to exclude evidence of a withdrawn plea agreement is affirmed over the government's appeal where the defendant's withdrawal of his plea did not constitute a breach under the agreement's language, thus the waiver contained in the agreement of defendant's right to exclude the plea agreement from evidence did not go into effect.

Appellate Information

• Decided 10/11/2007
• Published 10/11/2007

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellant.


• For Appellees:
  
• Richard L. Hartley for appellee.