United States v. Harper
643 F.3d 135
| 5th Cir. | 2011Background
- Harper pleaded guilty to conspiracy to possess with intent to distribute 50 grams and more of cocaine base; the Government granted use immunity for immunized statements.
- Harper was debriefed by two DEA task force members and allegedly disclosed 18 kilograms of cocaine base as relevant offense conduct.
- The PSR relied on an unsigned factual basis rather than Harper’s signed stipulation, calculating 18 kilograms for offense conduct and a guideline range of 235–293 months.
- The Government informed the district court and probation officer that Harper admitted dealing the quantities in the PSR during immunized debriefing to support the PSR.
- Harper objected, arguing the PSR was not based on reliable information derived from an independent source and that the Government’s use of immunized statements breached the plea agreement.
- The district court sentenced Harper to 240 months; Harper appealed, contending breach warranted resentencing before a different judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Government breached the plea agreement by using immunized statements to advocate a higher guideline range. | Harper argues the use violated use-immunity terms. | Government argues no breach,/new evidence supports weight. | Yes; Government breached, entitling resentencing before a different judge. |
Key Cases Cited
- Santobello v. New York, 404 U.S. 257 (U.S. 1971) (breach remedies; specific performance or withdrawal of plea)
- United States v. Munoz, 408 F.3d 222 (5th Cir. 2005) (plea-breach remedies; standard de novo review for breach)
- United States v. Saling, 205 F.3d 764 (5th Cir. 2000) (breach and sentencing considerations; use of information)
- United States v. Gonzalez, 309 F.3d 882 (5th Cir. 2002) (use immunity; independence of evidence; burden on Government)
- United States v. Taylor, 277 F.3d 721 (5th Cir. 2001) (use/immunity and guideline range; derivative-use immunity)
- Kastigar v. United States, 406 U.S. 441 (U.S. 1972) (affirmative duty to prove evidence derived from legitimate source independent of compelled testimony)