U.S. v. MELVIN

No. 12-1332.

730 F.3d 29 (2013)

UNITED STATES of America, Appellee, v. James MELVIN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

September 17, 2013.


Attorney(s) appearing for the Case

Edward J. O'Brien , with whom O'Donnell, Trossello & O'Brien was on brief, for appellant.

Alex J. Grant , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Before TORRUELLA, SELYA and THOMPSON, Circuit Judges.


SELYA, Circuit Judge.

In criminal cases, proffer sessions are commonly used as a means of facilitating plea negotiations. A defendant's agreement to participate in a proffer session carries with it both potential risks and potential rewards.

To protect the proffering defendant against unfairness, prosecutors customarily offer assurances that they will not use what the defendant reveals at the proffer session against him should plea negotiations fail. In this...

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