Legal Opinion
United States v. Robert Swinehart, No. 79-1515, and Appeal of Robert Perry, No. 79-1463
Court of Appeals for the Third Circuit
Decided January 17, 1980No. 79-1463 and 79-1515PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
The single question presented on this appeal is whether the Government’s “sole discretion” to determine the defendants’ cooperation under a plea bargaining agreement could be based exclusively on their failure of polygraph examinations. We conclude that the present record is unclear as to what extent the Government could, and did, rely on the polygraph tests and therefore vacate the judgment of the district court and remand.
I
On June 28, 1976, Robert Swinehart and Robert Perry were indicted on 21 counts of embezzlement and bankruptcy fraud arising from…
2Cases cited11 opinions
- MacHibroda v. United StatesSupreme Court of the United States · 1962
- Kercheval v. United StatesSupreme Court of the United States · 1927
- United States v. Peter A. Crusco and Phillip A. Cimmino. Appeal of Phillip CimminoCourt of Appeals for the Third Circuit · 1976
- United States v. Thomas J. BowlerCourt of Appeals for the Seventh Circuit · 1978
- In the Matter of Grand Jury Empanelled February 14, 1978. Appeal of Nathan MarkowitzCourt of Appeals for the Third Circuit · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- K.M.C. Co., Inc. v. Irving Trust CompanyCourt of Appeals for the Sixth Circuit · 1985
- Government of the Virgin Islands v. Raymond Scotland and St. Clair Springette. Appeal of St. Clair SpringetteCourt of Appeals for the Third Circuit · 1980
- United States v. Rockwell International CorporationCourt of Appeals for the Tenth Circuit · 1997
- United States v. DawsonUnited States Court of Military Appeals · 1981
- United States v. Santiago GonzalezCourt of Appeals for the First Circuit · 1995
17 more not listed; retrieve them via the Exa API.