United States v. Stephen J. Flemmi

How courts have described this case

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

• holding that “FBI agents lack authority to tender a binding promise of use immunity to an informant”
• noting that “informal grants of use immunity” are “the exclusive prerogative of the United States Attorneys”
• reasoning that implicit in the United States Attorney’s authority to prosecute and to extend formal use immunity is the authority to offer assurances of immunity
• noting that “[a]ctual authority [to bind the government] may be conferred either expressly or by necessary implication”
• explaining that implied authority includes “power” that “usually accompanies . . . due performance of the task”
• ruling reversed because, in a question of first impression in the circuit, the First Circuit panel held that FBI agents, acting independently, do not have authority to confer use immunity on a confidential informant

Source: CourtListener parenthetical corpus (CC0).