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U.S. v. PHAN

No. 96-4219.

121 F.3d 149 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Tai Anh PHAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1997.

Attorney(s) appearing for the Case

ARGUED: John Kenneth Zwerling, Zwerling & Kemler, P.C., Alexandria, VA, for Appellant. James L. Trump, Assistant United States Attorney, Andrew Gerald McBride, Assistant United States Attorney, Office of the United States Attorney, Alexandria, VA, for Appellee. ON BRIEF: Lisa B. Kemler, Zwerling & Kemler, P.C., Alexandria, VA, for Appellant. Helen F. Fahey, United States Attorney, Office of the United States Attorney, Alexandria, VA, for Appellee.

Before RUSSELL and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge DONALD S. RUSSELL wrote the opinion, in which Judge LUTTIG and Senior Judge PHILLIPS joined.

OPINION

DONALD S. RUSSELL, Circuit Judge:

Tai Anh Phan acted as a confidential informant for the FBI starting in May 1995. As part of his cooperation agreement, Phan promised not to engage in any criminal activity. Within a few weeks of entering into the agreement, however, Phan...

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