United States First Circuit

Defendant's conviction for possessing cocaine with intent to distribute is vacated and remanded, where: 1) the admission of the voice identification testimony from a police officer, based on what the officer had heard at a proffer session, despite the government's promise that it would not use against him any "statements made or other information" disclosed at the proffer session, transgressed the proffer agreement and the defendant's due process rights; 2) such a transgression is subject to harmless error review; 3) the proper barometer for that review is whether the government has shown the error was harmless beyond a reasonable doubt; and 4) the government has not met that burden.

Appellate Information

• Decided 09/17/2013
• Published 09/17/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel