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U.S. v. PELLETIER

Nos. 555, 556, Dockets 89-1292, 89-1293.

898 F.2d 297 (1990)

UNITED STATES of America, Appellee, v. Remi PELLETIER and Robert Pelletier, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 6, 1990.

Attorney(s) appearing for the Case

William J. Dreyer, Albany, N.Y. (Dreyer, Boyajian & Tuttle, Albany, N.Y., of counsel), for defendant-appellant Remi Pelletier.

Terence L. Kindlon, Albany, N.Y., for defendant-appellant Robert Pelletier.

Bernard J. Malone, Jr., Asst. U.S. Atty., Albany, N.Y. (Frederick J. Scullin, Jr., U.S. Atty. N.D.N.Y., Albany, N.Y., of counsel), for appellee.

Before TIMBERS, CARDAMONE, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The principal issue on this appeal is whether the government may use testimony obtained under an informal grant of use immunity to obtain indictment and convictions on nonperjury counts, in violation of its express agreement to use the immunized testimony only in a prosecution for perjury. We hold that it may not and accordingly reverse and remand. The issue, we suspect, is of only marginal significance in the operation of our federal...

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