McKnight v. Torres, No. 08-55459 (4-20-09). Can a plea agreement be lost in translation? The defendant entered into a plea agreement with the US Atty regarding ecstasy trafficking. The defendant was also wanted by the French, and France requested extradition. The defendant's plea agreement with the US Atty granted immunity for his cooperation proffer. The language, though, explicitly stated it was for any prosecution by US Attorneys. The defendant thought this would apply to the French, but the information was handed over. Defendant brought this habeas challenge, arguing that the US Attorney acted in bad faith. Not so, said the 9th (Hawkins joined by Berzon and Clifton). The plea's language explicitly stated that it only bound US Attorneys. The 9th goes on to warn US Attorneys that they should expect in extradition cases and in pleas that language will now be requested to cover foreign jurisdictions.
July 18th, 2009UncategorizedMcKnight v. Torres, No. 08-55459 (4-20-09). Can a plea agreement be lost in translation? The defendant entered into a plea agreement with the US Atty regarding ecstasy trafficking. The defendant was also wanted by the French, and France requested extradition. The defendant's plea agreement with the US Atty granted immunity for his cooperation proffer. The language, though, explicitly stated it was for any prosecution by US Attorneys. The defendant thought this would apply to the French, but the information was handed over. Defendant brought this habeas challenge, arguing that the US Attorney acted in bad faith. Not so, said the 9th (Hawkins joined by Berzon and Clifton). The plea's language explicitly stated that it only bound US Attorneys. The 9th goes on to warn US Attorneys that they should expect in extradition cases and in pleas that language will now be requested to cover foreign jurisdictions.