United States v. Warren

YEAGLEY, Associate Judge:

In this government appeal 1 we are asked to determine whether the trial court erred in granting appellee’s motion to dismiss an indictment on the ground that it was based in part on information he had provided the government under a promise of use and derivative use immunity. We cannot disagree with the trial court’s construction of the immunity agreements in question. Because we also conclude its findings are supported by the evidence, we affirm.

The record indicates that in earlier proceedings appellee Warren was tried and convicted in late 1973 of a series of armed…