U.S. v. FITCH

No. 91-1743.

964 F.2d 571 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. James P. FITCH, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 20, 1992.


Attorney(s) appearing for the Case

Christopher P. Yates (argued and briefed), Detroit, Mich., for plaintiff-appellant.

Joan E. Morgan (argued and briefed), Detroit, Mich., for defendant-appellee.

Before: MERRITT, Chief Judge; NORRIS, Circuit Judge; and CONTIE, Senior Circuit Judge.


CONTIE, Senior Circuit Judge.

Plaintiff, the United States government, appeals the dismissal of an indictment against the defendant, James P. Fitch, on the ground that the parties' agreement not to prosecute became invalid, and could no longer be interposed to bar prosecution, once Fitch breached the terms of the agreement. For the reasons which follow, we affirm the decision of the district court.

I.

In 1988, defendant Fitch served as a courier...

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