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· 5/20/1992

United States v. James P. Fitch

Citations

  • 964 F.2d 571
  • 1992 U.S. App. LEXIS 11249
  • 1992 WL 104591

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that unless the breach of an informal immunity agreement is “material and substantial,” the aggrieved party cannot invoke contract-based remedies
  • holding that informal immunity substance from one person to another.” Thus, the jury was agreement is binding on government where defendant did not materially breach agreement
  • stating that a provision in an immunity agreement allowing the government to prosecute the defendant for perjury was the government’s sole remedy for his breach
  • acknowledging that the government’s burden of proof to demonstrate that a defendant breached a proffer agreement is governed by either the preponderance-of-the-evidence or adequate-evidence standard
  • “If a breach of an immunity agreement is established, the available remedies are those specified in the agreement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt, Norris, Contie

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.