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725

Use of Immunized Testimony by Sentencing Court

If the witness for whom immunity has been authorized is awaiting sentencing, the prosecutor should ensure that the substance of the witness's compelled testimony is not disclosed to the sentencing judge unless the witness indicates that he or she does not object. This is intended to avoid a claim by the witness that his or her sentence was adversely influenced by the immunized testimony.

[cited in Criminal Resource Manual 720; USAM 9-23.130]