UNITED STATES v. DAILEY

No. 84-1578.

759 F.2d 192 (1985)

UNITED STATES of America, Appellant, v. Kevin R. DAILEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 5, 1985.


Attorney(s) appearing for the Case

Janis M. Berry, Asst. U.S. Atty., Boston Mass., with whom William F. Weld, U.S. Atty., and Jeremiah T. O'Sullivan, Sp. Atty., U.S. Dept. of Justice, Boston, Mass., were on brief for appellant.

Martin G. Weinberg, Boston, Mass., with whom Kimberly Homan, Oteri, Weinberg & Lawson and Gerald B. Lefcourt, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, BOWNES and TORRUELLA, Circuit Judges.


COFFIN, Circuit Judge.

The United States appeals a pre-trial order barring three of defendant's alleged accomplices from testifying against him. The district court's decision to exclude their testimony was based on its conclusion that the plea agreements entered into by the accomplices were so likely to induce perjurious testimony that to allow them to testify would be to violate defendant's due process rights. United States v. Dailey, 589...

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