United States v. Velez
United States Court of Appeals for the Second Circuit
354 F.3d 190 (2004)
José Velez (defendant) was indicted for possessing a firearm as a convicted felon. Velez thereafter participated in two proffer sessions with the prosecution. At the second session, which Velez requested, Velez signed a proffer agreement. The agreement included a waiver clause, which permitted the prosecution to introduce Velez’s proffer statements for the sole purpose of rebutting any evidence presented by the defense that contradicted Velez’s proffer statements. Pursuant to the proffer agreement, Velez admitted to owning and possessing the firearm at issue. At trial, Velez refrained from introducing testimony that would have permitted the prosecution to introduce his proffer statements. Velez was convicted for possessing the firearm at issue. Velez appealed, arguing that the waiver provision of the proffer agreement rendered the agreement unenforceable.
Rule of Law
Holding and Reasoning (Cabranes, J.)
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