00-2694 U.S. v. Reed

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“Reed contends that his lies were immaterial because Officer Carpenter knew he was lying, and consequently, his lies had no effect on the government’s investigation. Reed relies on a Sixth Circuit case in which the court concluded that a defendant’s lies during interrogation did not constitute a ‘substantial material breach’ of a transactional immunity agreement. United States v. Fitch, 964 F.2d 571, 575 (6th Cir. 1992). Reed misinterprets Fitch, however. The fact that his deceptions did not derail the government’s investigation does not render them immaterial.

What was key to the Sixth Circuit’s decision in Fitch was that the defendant’s lies did not deprive the government of the benefit of the immunity agreement. Like Reed, Fitch provided false information to the government after entering into an immunity agreement; and just as in this case, government agents were not misled by Fitch’s lies. But so far as the record in Fitch revealed, the defendant’s lies amounted to nothing more than a minimization of his own involvement in the crime. See id. at 575. Fitch had otherwise furthered the government’s investigation considerably; in fact, ‘Fitch supplied the government with enough information to allow it to secure a multi-count indictment against numerous individuals … [and] assisted the investigation in various other ways.’ Id. In light of the substantial assistance that Fitch had given the government, the court concluded that ‘the government received the benefit of its bargain’ and that the immunity agreement should therefore be enforced. Id. Fitch, of course, is not binding on this court; but even as persuasive authority Fitch does not suggest that the district court clearly erred in finding that Reed breached his agreement with the government.”

“By contrast, not only did Reed seek to minimize his own wrongdoing, but he also attempted to avert the government’s suspicions from Diggs. Reed’s violation thus denied the government the very benefit that the agreement was intended to secure – information that would aid in the identification and prosecution of other methamphetamine traffickers.”

Affirmed.

Appeal from the United States District Court for the Central District of Illinois, Mills, J., Rovner, J.