United States v. Gene Camp, Victor Camp, Todd Oatman

We must decide whether a federal court may at sentencing consider information revealed by a defendant in exchange for state transactional immunity. We hold that, in the absence of an independent and legitimate source for that information, a federal district court may not.

I

In an unrelated state matter, the Missoula County Attorney’s office granted Gene Camp and Victor Camp (“the Camps”) transactional immunity for offenses relating to the death of Peter Solberg. Pursuant to the immunity agreement, the Camps revealed their conduct and other information relating to Solberg’s death.

In the case before us, the presentence report recommended the immunized “prior similar adult criminal conduct” as a factor warranting upward departure. Defense counsel objected to using the immunized information as a basis for upward departure. The district court overruled the objection and departed upward in the Camps’ criminal history categories. The Camps appeal. We vacate the sentences and remand.

II

We review de novo the legality of a sentence. United States v. Pomazi, 851 F.2d 244, 247 (9th Cir.1988). We first treat whether state transactional immunity can be effective as federal use immunity.…