Sunday, January 3, 2010

Government violated the Proffer agreement

plea agreement- proffer
Eleventh Circuit’s decision in U.S.
v. Pielago, 145 F.3d 364 (11th Cir. 1998).

In Pielago, part of which the Government relies upon in its Reply, the
Eleventh Circuit held that “any ambiguities in the terms of a proffer
agreement should be resolved in favor of the criminal defendant.” The Pielago
court, in the same breath, noted that proffer agreements, though generally
interpreted using contract law principles, should not be given “a hypertechnical
reading . . ..” This Court holds that a proffer agreement may not
be given such a technical reading as to effectively defeat the purpose it is
designed, on its face, to serve.

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