United States v. Jean Edward Packwood

OVERVIEW

The government appeals the district court’s dismissal of the indictment against Packwood on the ground that a 1980 plea agreement barred prosecution. We affirm.

FACTS

On July 23, 1979, United States Park Police found the body of Janette Pimentel in the Golden Gate National Recreation Area. She had been shot to death. In an August 6,1979 interview, both Donald Desbiens, Pimentel’s boyfriend, and Packwood, Desbiens’ roommate, denied knowledge of the murder.

In March 1980, Packwood was arrested in New York and confessed to three bank robberies in San Francisco in the summer of 1979, all committed with Desbiens. In interview statements Packwood described the bank robberies and Desbiens’ relationship with Pimentel. Packwood claimed that Desbiens had talked about killing her and had asked Packwood to do it because Pimentel knew too much about the robberies. Packwood stated that he had refused Desbiens’ request.

Packwood was indicted on the bank robbery charges. On June 5, 1980, he entered into a written plea agreement that provided he would plead guilty to one count of bank robbery and cooperate and testify in the investigation of the robberies and Pimen-tel’s murder, in…