United States Second Circuit

Defendant unsuccessfully appeals his conviction of possession of a firearm transported in interstate commerce after a felony conviction. Where a proffer agreement is entered into knowingly and voluntarily, a provision waiving defendant's exclusionary privilege by permitting the government to introduce proffer statements to rebut contrary evidence or arguments presented by the defense, whether or not defendant testifies, is enforceable.

Appellate Information

• Decided 01/13/2004
• Published 01/13/2004

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  WALKER, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Robert L. Moore, Hempstead, NY, for Defendant-Appellant., Victor L. Hou, Assistant United States Attorney (Adam B. Siegel, Assistant United States Attorney, of counsel, and James B. Comey, United States Attorney for the Southern District of New York, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.