United States v. Mitchell

TYMKOVICH, Circuit Judge.

At Dino Mitchell’s conspiracy trial, the government introduced evidence of his withdrawn guilty plea in its case-in-chief, including statements from his plea agreement and plea colloquy. Ordinarily a defendant’s withdrawn guilty plea or his statements during plea discussions are inadmissible under Federal Rule of Evidence 410. But in this case Mitchell executed a plea agreement that waived his right to Rule 410’s protections. When he later withdrew from the plea agreement and went to trial, the district court allowed the statements to be admitted. He now argues on…