U.S. v. Chiu, No. 96-50066

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBEEZER
Citation109 F.3d 624
Parties97 Cal. Daily Op. Serv. 2118, 97 Daily Journal D.A.R. 3911 UNITED STATES of America, Plaintiff-Appellee, v. Denny CHIU, Defendant-Appellant.
Decision Date25 March 1997
Docket NumberNo. 96-50066

Page 624

109 F.3d 624
97 Cal. Daily Op. Serv. 2118, 97 Daily Journal
D.A.R. 3911
UNITED STATES of America, Plaintiff-Appellee,
v.
Denny CHIU, Defendant-Appellant.
No. 96-50066.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted Feb. 7, 1997.
Decided March 25, 1997.

Page 625

Donald C. Randolph, Randolph & Levanas, Santa Monica, California, for the defendant-appellant.

Lawrence H. Cho, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Appeal from the United States District Court for the Central District of California, William J. Rea, District Judge, Presiding. D.C. No. CR-94-00994-WJR.

Before: BEEZER and KOZINSKI, Circuit Judges, and INGRAM, District Judge. *

BEEZER, Circuit Judge.

Defendant Denny Chiu appeals his jury conviction and sentence for conspiracy to distribute heroin and distribution of heroin. 21 U.S.C. §§ 841, 846. We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and we affirm.

I

On November 30, 1994, Denny Chiu was indicted, pursuant to 21 U.S.C. §§ 841(a)(1) and 846, for one count of conspiracy to distribute heroin and two counts of distribution of heroin. Chiu entered a plea of not guilty.

Before trial, Chiu signed a proffer agreement with the government. Pursuant to the agreement, Chiu and his attorney engaged in a proffer session on July 25, 1995 for the purposes of reaching an agreement regarding a reduction of sentence for substantial assistance under Sentencing Guidelines § 5K1.1. An agreement was not reached and Chiu went to trial. The government used statements made by Chiu in the course of the proffer session to prepare several of its witnesses for trial.

A jury convicted Chiu of one count of conspiracy to distribute heroin and one count of distribution of heroin, and the district court sentenced him to 188 months of incarceration. Chiu filed a timely appeal to this court. This opinion resolves Chiu's contention that the government violated the terms of the proffer agreement. We consider Chiu's other contentions in an unpublished memorandum disposition.

II

Chiu asserts that the district court should have dismissed the indictment because the government violated the terms of the proffer agreement by using statements made by Chiu during the proffer session to prepare government witnesses for trial. Chiu says that the proffer agreement required the government to abstain from use of any information gained during the proffer session in its "case-in-chief" and that the use of his statements from the proffer session to prepare government witnesses for trial constitutes use of his statements in the government's case-in-chief.

Because proffer agreements are analogous to...

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32 practice notes
  • United States v. Washington, No. CR 11–61–M–DLC.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • August 22, 2012
    ...and immunity agreements, not general public statements intended for no particular listener or reader. See, e.g., United States v. Chiu, 109 F.3d 624 (9th Cir.1997) (proffer agreement); United States v. Anderson, 970 F.2d 602, 606 (9th Cir.1992), as amended, 990 F.2d 1163 (1993) (plea agreem......
  • U.S. v. Pielago, No. 95-5405
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 17, 1998
    ...The agreement expressly stated that it did not impart "transactional immunity" to Varona. Id. at p 7. 6 See, e.g, United States v. Chiu, 109 F.3d 624, 626 (9th Cir.1997) (stating that the defendant's immunized statements could be used to prepare witnesses where the government only had agree......
  • Carroll v. Read, Case No. CV 10-6964-CJC (DTB)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • April 12, 2012
    ...indicates that plaintiff experienced or would likely experience any psychological trauma as a result of the brief searches. See Somers, 109 F.3d at 624. As such, plaintiff's allegations are insufficient to support a finding that plaintiff was in substantial risk of serious harm as a result ......
  • Cavalier v. Cnty. of San Diego, Civil No. 14cv1691-WQH (DHB)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • May 13, 2015
    ...1997) (holding that prison guard who engaged in "vulgar same-sex trash talk" with inmates was entitled to qualified immunity); Somers, 109 F.3d at 624). Thus, Plaintiff's allegation that Defendant Kamoss called him a queer (ECF No. 1 at 7) fails to state a violation of the Eighth Amendment'......
  • Request a trial to view additional results
32 cases
  • United States v. Washington, No. CR 11–61–M–DLC.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • August 22, 2012
    ...and immunity agreements, not general public statements intended for no particular listener or reader. See, e.g., United States v. Chiu, 109 F.3d 624 (9th Cir.1997) (proffer agreement); United States v. Anderson, 970 F.2d 602, 606 (9th Cir.1992), as amended, 990 F.2d 1163 (1993) (plea agreem......
  • U.S. v. Pielago, No. 95-5405
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 17, 1998
    ...The agreement expressly stated that it did not impart "transactional immunity" to Varona. Id. at p 7. 6 See, e.g, United States v. Chiu, 109 F.3d 624, 626 (9th Cir.1997) (stating that the defendant's immunized statements could be used to prepare witnesses where the government only had agree......
  • Carroll v. Read, Case No. CV 10-6964-CJC (DTB)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • April 12, 2012
    ...indicates that plaintiff experienced or would likely experience any psychological trauma as a result of the brief searches. See Somers, 109 F.3d at 624. As such, plaintiff's allegations are insufficient to support a finding that plaintiff was in substantial risk of serious harm as a result ......
  • Cavalier v. Cnty. of San Diego, Civil No. 14cv1691-WQH (DHB)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • May 13, 2015
    ...1997) (holding that prison guard who engaged in "vulgar same-sex trash talk" with inmates was entitled to qualified immunity); Somers, 109 F.3d at 624). Thus, Plaintiff's allegation that Defendant Kamoss called him a queer (ECF No. 1 at 7) fails to state a violation of the Eighth Amendment'......
  • Request a trial to view additional results

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