United States v. Hardwick

OPINION

GARTH, Circuit Judge:

The four defendants in this case filed separate appeals that were consolidated upon motion by the Government. Although the defendants raise numerous arguments on appeal, only two questions warrant discussion. 1 We address whether a waiver in a proffer agreement that allows the Government to use a defendant’s proffer statements 2 as part of its case-in-chief at trial is valid and enforceable. We also consider whether admission of that proffer statement violated the Confrontation Clause rights of other defendants who were implicated in that proffer statement. As…