United States Second Circuit

Where a proffer agreement is entered into knowingly and voluntarily, a provision in which defendant waives his exclusionary privilege under Federal Rule of Evidence 410 by permitting the Government to introduce defendant's proffer statements to rebut contrary evidence or arguments presented by the defense, whether or not defendant testifies, is enforceable.

Appellate Information

• Decided 01/29/2004
• Published 01/29/2004

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.