U.S. v. BAIRD

No. 99-1305.

218 F.3d 221 (2000)

UNITED STATES of America v. John BAIRD #49341-066, Appellant.

United States Court of Appeals, Third Circuit.

Filed June 26, 2000.


Attorney(s) appearing for the Case

George H. Newman (Argued), Newman & McGlaughlin, P.C., Philadelphia, Pennsylvania, for Appellant John Baird.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr. (Argued), Assistant United States Attorney, Chief of Appeals, William B. Carr, Jr. (Argued), Assistant United States Attorney, Philadelphia, Pennsylvania, for Appellee United States of America.

Before: BECKER, Chief Judge, WEIS and OAKES, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this section 2255 case, defendant contends that his trial counsel erred in failing to object at sentencing to the use of incriminating admissions made as part of a cooperation agreement with the government and immunized by U.S.S.G. § 1B1.8. We conclude that the government had promised that such information would not be used to increase the defendant's punishment. Consequently, that material should not have...

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