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MEMORANDUM FOR:
Loretta C. Argrett
Assistant Attorney General
Tax Division
Frank W. Hunger
Assistant Attorney General
Civil Division
Joel I. Klein
Assistant Attorney General
Antitrust Division
James K. Robinson
Assistant Attorney General
Criminal Division
Lois J. Schiffer
Assistant Attorney General
Environment and Natural Resources Division
Bill Lann Lee
Acting Assistant Attorney General
Civil Rights Division
Donna A. Bucella
Director
Executive Office for United States Attorneys
FROM: Eric H. Holder, Jr.
Deputy Attorney General
SUBJECT: Additional guidance to all Department attorneys and
Assistant United States Attorneys in light of the Tenth
Circuit's vacating of the Singleton decision
As you undoubtedly know, on July 10, 1998, the Tenth Circuit Court
of Appeals, acting on its own motion, vacated the panel decision in
United States v. Singleton, No. 97-3178 (10th Cir. July 1, 1998),
pending en banc rehearing of the case. The rehearing on the
Singleton appeal will be set for oral argument during the week of
November 16-20, 1998. The Department has until August 10, 1998, to file
a supplemental brief in this matter. Once the Department files its brief
in the Singleton rehearing, copies will be distributed to all
Department attorneys and Assistant United States Attorneys (AUSAs).
With the vacating of the Singleton decision, the holding of
that case--that plea agreements in which a defendant receives
consideration in exchange for truthful testimony constitute a violation
of federal criminal law and a state ethics rule--is no longer valid law.
Therefore, all Department components and United States Attorneys'
offices--whether within or outside the Tenth Circuit--may continue,
without jeopardy of prosecution or Departmental discipline, to enter
into agreements, including plea agreements or informal use immunity
agreements, in which consideration is given to an individual in exchange
for the individual's truthful cooperation and testimony. Likewise,
Department attorneys and AUSAs handling affirmative civil enforcement
and other cases may have occasion to enter into agreements implicated by
Singleton.
Although the Singleton decision has been vacated, defense
counsel nonetheless may attempt to rely on its rationale in ongoing as
well as terminated cases. If a motion raising a Singleton issue
is filed in a case your component is handling, please contact the
Appellate Section of the Criminal Division at (202) 514-3521 for
guidance on how to respond.
[updated July 1998] [cited in Criminal Resource Manual 625] |