U.S. v. HOGAN

No. 88-1190.

862 F.2d 386 (1988)

UNITED STATES of America, Appellee, v. Mark HOGAN and Patricia Hogan, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 1, 1988.


Attorney(s) appearing for the Case

Barbara A. Brown, Winterport, Me., with whom Marshall A. Stern and Stern & Goldsmith, Bangor, Me., were on brief for appellants.

Nicholas M. Gess, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., Portland, Me., and Jay P. McCloskey, Asst. U.S. Atty., Bangor, Me., were on brief for appellee.

Before BOWNES and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.


SELYA, Circuit Judge.

This consolidated appeal presents a narrow — but significant — question as to prosecutorial fairness: when a defendant has pled guilty to certain charges and thereafter unburdened himself pursuant to a cooperation agreement guaranteeing use immunity, can the government employ nuggets of information mined from defendant's debriefing in arguing for a stern sentence on the pled offenses? Given the circumstances of this case, the district...

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