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U.S. v. HARDWICK

Nos. 06-2541, 06-2571, 06-3061, and 06-5051.

544 F.3d 565 (2008)

UNITED STATES of America v. Lorenzo HARDWICK, a/k/a "Fu Quan," Appellant in No. 06-2541. United States of America v. Jose G. Rodriguez, Appellant in No. 06-2571. United States of America v. Bernard Murray, a/k/a "B-Nice," Appellant in No. 06-3061. United States of America v. Allen Resto, a/k/a "Tito Allen," Appellant in No. 06-5151.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 3, 2008.

Attorney(s) appearing for the Case

Christopher J. Christie, United States Attorney, George S. Leone, Chief, Appeals Division, Eric H. Jaso, Assistant United States Attorney, Newark, NJ, for Appellee.

Jerome A. Ballarotto, Trenton, NJ, for Appellant Lorenzo Hardwick.

Catherine M. Brown, Morristown, NJ, for Appellant Jose G. Rodriguez.

Michael E. Riley, Law Offices of Michael E. Riley, LLC, Mount Holly, NJ, for Appellant Bernard Murray.

Brian S. O'Malley, Haddon Heights, NJ, for Appellant Allen Resto.

Before: BARRY, AMBRO and GARTH, Circuit Judges.

OPINION

GARTH, Circuit Judge:

The four defendants in this case filed separate appeals that were consolidated upon motion by the Government. Although the defendants raise numerous arguments on appeal, only two questions warrant discussion.1 We address whether a waiver in a proffer agreement that allows the Government to use a defendant's proffer statements2 as part of its case-in-chief at trial is...

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