United States v. Jimenez-Bencevi, No. 13-2084 (1st Cir. 2015)
Annotate this CaseAfter a jury trial, Appellant was convicted of tampering with a federal witness, possession of a firearm in furtherance of a crime of violence, and related crimes. Because the acts for which Appellant was convicted resulted in the death of the witness, Appellant faced the death penalty. The jury recommended a sentence of life imprisonment without the possibility of parole. The First Circuit reversed, holding that the district court violated Appellant’s immunity agreement with the government when it insisted that, before a defense expert would be permitted to testify, the defense expert be informed a proffer made in an attempt to negotiate a plea despite the proffer being protected by direct-use immunity.
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