“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
Show on page(s):