UNITED STATES of America, Plaintiff-Appellee, v. Gene CAMP, Victor Camp, Todd Oatman, Defendants-Appellants

ORDER

The petitions for rehearing and suggestions for rehearing en bane are denied as moot. The amended opinion filed October 3, 1995 has been withdrawn and the memorandum disposition filed June 29, 1995 is hereby amended. A new opinion will be filed simultaneously with this order, together with an amended memorandum disposition.

OPINION

We decide whether at sentencing a federal court may consider information revealed by a defendant in exchange for state transactional immunity. We hold that it may and affirm.

I. BACKGROUND

In a prior state matter, the Missoula County Attorney in 1990 granted Gene and Victor Camp transactional immunity for all offenses related to the death of Peter Solberg. In return, Gene led police to Solberg’s body. He said Victor accidentally shot Solberg while the three were hunting together, and that they kept the death a secret because of an unrelated outstanding warrant for Gene’s arrest. The State Medical Examiner found the trajectory of the bullet to be inconsistent with an accidental gunshot. The police officer who investigated Solberg’s death suggested that it was most likely that Victor lured him into the brush and Gene intentionally shot him in…