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U.S. v. BENDER

No. 99-2190.

221 F.3d 265 (2000)

UNITED STATES of America, Appellant, v. Jeremy BENDER, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 4, 2000.

Attorney(s) appearing for the Case

F. Mark Terison, Senior Litigation Counsel, with whom Jay P. McCloskey, United States Attorney, was on brief, for appellant.

Jane Elizabeth Lee for appellee.

Before STAHL and LYNCH, Circuit Judges, and GORTON, District Judge.

LYNCH, Circuit Judge.

While in prison awaiting trial on charges of being a felon-in-possession of a firearm, Jeremy Bender conversed with an undercover government agent concerning his plot to falsify an alibi and possibly kidnap and murder government witnesses. Bender's attorney was not present during the conversation nor notified that it would take place. After the government informed Bender that it would seek to introduce his statements in the pending criminal case...

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