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Extraction Summary

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Document Information

Type: Legal document / court opinion excerpt
File Size: 43.5 KB
Summary

This document is an excerpt from a legal text discussing the binding nature of promises made by Assistant U.S. Attorneys across different districts. It cites rulings from the Fourth, Eighth, and Ninth Circuits, emphasizing that the U.S. government is considered a single entity and that such promises are crucial for public confidence and efficient justice administration. The document highlights specific cases like United States v. Van Thournout and Margalli-Olvera v. Immigration and Naturalization Service to support these legal interpretations.

Organizations (3)

Name Type Context
U.S. Attorney's offices
bound by promises made in other districts
United States government
referred to as a single entity; honor at stake in administration of justice
Immigration and Naturalization Service (INS)
bound by promises made by the U.S. Attorney's office

Key Quotes (4)

""[t]he United States government is the United States government through-out all of the states and districts.... A contrary result would constitute a strong deterrent to the willingness of defendants accused of multistate crimes to cooperat-ing in speedy disposition of their cases and in appre-hending and processing codefendants""
Source
DOJ-OGR-00000052.tif
Quote #1
""[a]t stake is the honor of the government[,] public confidence in the fair admin-istration of justice, and the efficient administration of justice in a federal scheme of government.""
Source
DOJ-OGR-00000052.tif
Quote #2
""absent an express limitation, any promises made by an Assistant United States Attorney in one district will bind an Assistant United States Attorney in another district.""
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DOJ-OGR-00000052.tif
Quote #3
""the term 'United States' is a reference to the entire United States government and all the agencies hereof""
Source
DOJ-OGR-00000052.tif
Quote #4

Full Extracted Text

Complete text extracted from the document (1,849 characters)

10
first to hold that a promise on behalf of the United
States in one district not to prosecute a defendant is
binding upon U.S. Attorney's offices in other districts.
Id. at 428. As that court noted, "[t]he United States
government is the United States government through-
out all of the states and districts.... A contrary result
would constitute a strong deterrent to the willingness
of defendants accused of multistate crimes to cooperat-
ing in speedy disposition of their cases and in appre-
hending and processing codefendants" Id. The Fourth
Circuit concluded, "[a]t stake is the honor of the
government[,] public confidence in the fair admin-
istration of justice, and the efficient administration of
justice in a federal scheme of government." Id.
Eighth Circuit. The Eighth Circuit similarly found
in United States v. Van Thournout, 100 F.3d 590
(8th Cir. 1996), that "absent an express limitation,
any promises made by an Assistant United States
Attorney in one district will bind an Assistant United
States Attorney in another district." Id. at 594. Inter-
preting a plea agreement which provided that the
"United States" would make certain recommendations
regarding the defendant's sentence, the court held
that this provision was binding on the U.S. Attorney's
office in another district and that the terms of the
agreement should be enforced. See also Margalli-
Olvera v. Immigration and Naturalization Service,
43 F.3d 345, 352 (8th Cir. 1994) (finding that "the term
'United States' is a reference to the entire United
States government and all the agencies hereof" in the
context of determining that the INS is bound by
promises made by the U.S. Attorney's office).
Ninth Circuit. In Thomas v. Immigration and
Naturalization Service, 35 F.3d 1332 (9th Cir. 1994),
the Ninth Circuit held that a promise made by the
DOJ-OGR-00000052

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