Hodson

United States v. Hodson

Good Law
41 F. App'x 944
United States Court of Appeals for the Ninth CircuitJuly 24, 2002No. 00-30346; D.C. No. CR-99-00004-JDSCalifornia721 words

Opinion

Lead Opinion

MEMORANDUM **

BACKGROUND

Defendant-appellant Alvin Hodson entered into a plea bargain with plaintiffappellee the United States of America (the “government”), pursuant to which Hodson had certain cooperation obligations. The district court permitted the government to withdraw from the plea agreement because it found that Hodson had failed to “fully cooperate” pursuant to the terms of the plea agreement. Hodson appeals that determination, and also asks us to rale that upon remand, he has a right to have any further safety valve debriefings tape-recorded. Because the parties are familiar with the facts of the ease, we recount them here only to the extent necessary to explain our ruling.

DISCUSSION

Pursuant to Paragraph 12 of the plea agreement, Hodson agreed to:

Paragraph 17 of the plea agreement states in relevant part that “should [Hodson] fail to voluntarily and reasonably disclose and provide full and complete cooperation, *946 which determinations are within the sole discretion of the United States, this Agreement is voidable at the option of the United States....”

While conceding that Paragraph 12, standing alone, would require him to cooperate fully with the United…

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