United States v. Mitchell, 633 F.3d 997

Mitchell and co-conspirators indicted for conspiracy to transport stolen securities under 18 U.S.C. §§ 371, 2314.
Co-conspirators pled guilty; Mitchell refused and planned to go to trial, then entered a guilty plea on the event-day.
Plea agreement waived Rule 410 protections, allowing use of pleadings if he withdrew the plea; government promised to recommend low end of guidelines.
Mitchell later moved to withdraw the plea; district court found the plea knowing and voluntary, but allowed withdrawal after considering potential undue influence by counsel.
Before trial, the government moved in limine to admit plea statements; district court granted, allowing use in the case-in-chief under Mezzanatto.
Mitchell was convicted and sentenced; on appeal, challenged voluntariness and the admissibility of plea statements in the government's case-in-chief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the waiver of Rule 410 was knowing and voluntary	Mitchell	Mitchell	Waiver voluntary; plea valid
Whether Rule 410 can be extended to case-in-chief use of plea statements	Mitchell	Mitchell	Rule 410 waiver extendable to case-in-chief
Whether Mezzanatto tolerates case-in-chief waivers and the evidentiary impact	Mitchell	Mitchell	Mezzanatto extended to case-in-chief waivers; admissible

United States v. Mezzanatto, 513 U.S. 196 (1995) (waiver to use plea statements for impeachment valid absent unknowingly voluntary)
Parke v. Raley, 506 U.S. 20 (1992) (guilty plea must be knowing and voluntary)
United States v. Carr, 80 F.3d 413 (10th Cir. 1996) (pressure from counsel does not automatically render plea involuntary)
Sylvester, 583 F.3d 285 (5th Cir. 2009) (extends Mezzanatto to case-in-chief waivers)
United States v. Burch, 156 F.3d 1315 (D.C.Cir. 1998) (Mezzanatto principles extend to case-in-chief waivers)
United States v. Young, 223 F.3d 905 (8th Cir. 2000) (blanket waiver of Rule 410 protections valid)