Legal Opinion

United States v. Mark Hogan and Patricia Hogan

Court of Appeals for the First Circuit

Decided December 1, 1988No. 88-1190PublishedCited by 46 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This consolidated appeal presents a narrow — but significant — question as to prose-cutorial fairness: when a defendant has pled guilty to certain charges and thereafter unburdened himself pursuant to a cooperation agreement guaranteeing use immunity, can the government employ nuggets of information mined from defendant’s debriefing in arguing for a stern sentence on the pled offenses? Given the circumstances of this case, the district court answered in the affirmative. We agree.

I

Defendant-appellant Mark Hogan 1 was charged in forty-seven counts of a fifty- three count…

2Cases cited6 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. United States v. Steven W. ArnettCourt of Appeals for the Ninth Circuit · 1979
  3. United States v. Shaun BaldacchinoCourt of Appeals for the First Circuit · 1985
  4. William Johnson v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1972
  5. United States v. VoccolaDistrict Court, D. Rhode Island · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. United States v. SaxenaCourt of Appeals for the First Circuit · 2000
  2. United States v. Julio La Guardia, United States of America v. Eredia Josefa Jimenez-MinallaCourt of Appeals for the First Circuit · 1990
  3. United States v. Barney Canada, A/K/A Byron Levon CanadaCourt of Appeals for the First Circuit · 1992
  4. United States v. Giuseppe Pellerito, A/K/A Joseph El Italiano, United States of America v. Hector Rivera-Martinez, A/K/A El MenCourt of Appeals for the First Circuit · 1989
  5. United States v. Hector GarciaCourt of Appeals for the First Circuit · 1992

41 more not listed; retrieve them via the Exa API.

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