United States v. Michael Butler

MEMORANDUM

Michael Butler was convicted after a jury trial of ten counts of mail fraud, 18 U.S.C. § 1341 , one count of conspiracy to launder money, 18 U.S.C. § 1956 (h), and one count of conspiracy to make false statements regarding the distribution of cigarettes, 18 U.S.C. §§ 371 , 2342(b), 2344(b). Butler challenges the district court’s refusal to compel the testimony of his codefendant and former stepdaughter, Kim Sims-Crandell, who had pleaded guilty but was awaiting sentencing. He also argues that there was insufficient evidence to satisfy the mailing requirement of 18 U.S.C. § 1341 . We affirm.

1. As Butler recognizes, Mitchell v. United States holds that the Fifth Amendment privilege against self-incrimination extends through sentencing. 526 U.S. 314, 325-27 , 119 S.Ct. 1307 , 143 L.Ed.2d 424 (1999). He argues, however, that we should exempt from the Mitchell rule witnesses who, like Sims-Crandell, have entered plea agreements under Federal Rule of Criminal Procedure 11(b) in which the government has agreed to a particular sentencing recommendation.

2. We disagree. “The purpose of Rule 11 is to inform the defendant of what she loses by forgoing the trial, not to elicit…