“As an original proposition, a plea agreement whereby a federal prosecutor agrees that “the Government” will dismiss counts of an indictment other than the ones to which guilty pleas are entered might be thought to bar the United States from reprosecuting the dismissed charges in any judicial district unless the agreement expressly limits the scope of the agreement to the district in which the dismissed charges are initially brought. However, the law has evolved to the contrary. A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively appears that the agreement contemplates a broader restriction. United States v. Abbamonte, supra, 759 F.2d at 1072; United States v. Alessi, 544 F.2d 1139, 1154 (2d Cir.), cert. denied, 429 U.S. 960, 97 S.Ct. 384, 50 L.Ed.2d 327 (1976); see also United States v. Papa, 533 F.2d 815, 823-25 (2d Cir.), cert. denied, 429 U.S. 961, 97 S.Ct. 387, 50 L.Ed.2d 329 (1976).” United States v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985).
United States Attorney
Definition
An attorney, acting under the direction of the Attorney General, who enforces federal laws within his or her jurisdiction and represents the federal government in civil and criminal cases. The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years. There are 93 United States Attorneys who are each assigned to a particular judicial district. Under 28 U.S.C. § 547, the role of the United States Attorney is to: (1) prosecute criminal cases brought by the federal government; (2) prosecute or defend civil cases where the United States is a party; and (3) collect debts owed to the federal government when administrative agencies are unable to do so.
Definition from Nolo’s Plain-English Law Dictionary
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:26 pm
