United States v. McBride

MEMORANDUM OPINION AND ORDER

McDONALD, District Judge.

I. INTRODUCTION

Defendant Bird has moved to dismiss her indictment on the grounds that it is in violation of the Government’s agreement with defendant McBride not to prosecute her. The Government argues that it was induced to enter the agreement by duress and fraud, and that to enforce it would contravene public policy. It also argues that the agreement fails as a contract because of lack of consideration and of performance, and failure of a condition precedent. Defendant Bird, for her part, argues that McBride performed his obligation under…