United States v. Gary Mezzanatto

998 F.2d 1452 37 Fed. R. Evid. Serv. 296 UNITED STATES of America, Plaintiff-Appellee, v. Gary MEZZANATTO, Defendant-Appellant. No. 92-50261. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1993. Decided July 7, 1993. Mark R. Lippman, La Jolla, CA, for defendant-appellant. Shane P. Harrigan, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee. Appeal from the United States District Court for the Southern District of California. Before: WALLACE, Chief Judge, SNEED and HALL, Circuit Judges. SNEED, Circuit Judge: 1 Appellant challenges the district court's ruling allowing the prosecution to introduce statements he made during failed plea negotiations for impeachment purposes. We reverse the appellant's conviction and remand for a new trial. I. FACTS AND PRIOR PROCEEDINGS 2 Appellant Gary Mezzanatto was charged with possession of methamphetamine in violation of 21 U.S.C. § 841 (a)(1). At Mezzanatto's request, the government held a plea bargaining meeting with him. Before the start of this meeting, the prosecutor informed Mezzanatto that any statements he made during the meeting could be used to impeach any inconsistent testimony he offered at…

Appellant challenges the district court’s ruling allowing the prosecution to introduce statements he made during failed plea negotiations for impeachment purposes. We reverse the appellant’s conviction and remand for a new trial.

I.

FACTS AND PRIOR PROCEEDINGS

Appellant Gary Mezzanatto was charged with possession of methamphetamine in violation of 21 U.S.C. § 841 (a)(1). At Mezzanat-to’s request, the government held a plea bargaining meeting with him. Before the start of this meeting, the prosecutor informed Mezzanatto that any statements he made during the meeting could be used to impeach any inconsistent testimony.he offered at trial, if the ease proceeded that far. Mezzanatto agreed to this, and the meeting began. The parties did not reach an agreement.

At trial, Mezzanatto offered testimony that was inconsistent with statements he made during. the negotiations. The government introduced the prior statements to impeach Mezzanatto. The appellant objected, but the court overruled the objections and allowed the statements for impeachment.

The jury found Mezzanatto guilty, and the district court imposed a 170 month prison term to be followed by five years of supervised…

dissenting:

A criminal defendant may waive the most fundamental rights and protections afforded him or her by the Constitution or a statute. Peretz v. United States, - U.S. -, -, 111 S.Ct. 2661, 2669 , 115 L.Ed.2d 808 (1991); United States v. Navarro-Botello, 912 F.2d 318, 321 (9th Cir.1990) (Navarro-Botello), cert. denied, - U.S. -, 112 S.Ct. 1488 , 117 L.Ed.2d 629 (1992). A defendant, for example, may knowingly and voluntarily waive the Fourth Amendment right to be free from warrantless searches, see Schneckloth v. Bustamonte, 412 U.S. 218, 248-49 , 93 S.Ct. 2041, 2058 , 36 L.Ed.2d 854 (1973); the Fifth Amendment privilege against self-incrimination, see Navarro-Botello, 912 F.2d at 321 ; the Sixth Amendment rights to counsel, see Faretta v. California, 422 U.S. 806, 834 , 95 S.Ct. 2525, 2540 , 45 L.Ed.2d 562 (1975); Johnson v. Zerbst, 304 U.S. 458, 464-65 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938), to a jury trial, and to confront and cross-examine witnesses, see Navarro-Botello, 912 F.2d at 321 ; and the statutory rights to appeal, see id., and to pursue valid civil rights claims

*1457 against government officials, see Town of Newton v. Rumery, 480 U.S. 386, 392-98 , 107…