United States v. Michael Lee Harvey

JAMES DICKSON PHILLIPS, Circuit Judge:

This is an appeal by Michael Harvey from an order denying his motion in this criminal action in the Eastern District of Virginia for enforcement of a plea agreement which he contended barred his prosecution in another district in a related case. The district court denied the motion on the basis that the plea agreement by its terms only prevented Harvey’s prosecution in the Eastern District of Virginia. Because we conclude that the plea agreement was, as a matter of law, ambiguous on the point, and that in such a case the ambiguity must be construed…