United States v. Wesley A. Plummer

Wesley Plummer appeals his conviction following a conditional plea agreement to charges stemming from the submission of falsified contractor’s bonds and surety forms to various federal agencies. He argues that the government had granted him transactional immunity, or, at the very least, use and derivative use immunity, for statements made in a pre-indictment interview. He says the government breached the immunity agreement, requiring dismissal of the indictment. The district court held that the government granted only direct use immunity, and not derivative use or transactional immunity, and that the agreement was not breached. The district court had jurisdiction to hear the federal charges, 18 U.S.C. § 3231 , and this court has jurisdiction of Mr. Plummer’s timely appeal, 28 U.S.C. § 1291 . We reverse and hold that the agreement granted Mr. Plum-mer use and derivative use immunity. We remand for a determination of whether the agreement was breached.

BACKGROUND

In 1985, near the conclusion of an investigation of Mr. Plummer and others, a grand jury in Arizona subpoenaed Mr. Plummer, a candidate for public office in Pennsylvania. The subpoena required Mr. Plummer to provide…