United States v. Jayson Harris

473 F.3d 222, 2006 U.S. App. LEXIS 23456, 2006 WL 3849318
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 15, 2006
Docket05-3419
StatusPublished
Cited by15 cases

This text of 473 F.3d 222 (United States v. Jayson Harris) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jayson Harris, 473 F.3d 222, 2006 U.S. App. LEXIS 23456, 2006 WL 3849318 (6th Cir. 2006).

Opinions

SHADUR, D.J.,

delivered the opinion of the court, in which MOORE, J., joined. GIBBONS, J., (p 228), delivered a separate dissenting opinion.

OPINION

MILTON I. SHADUR, District Judge.

Jayson D. Harris (“Harris”) was indicted for conspiracy to make, utter and possess counterfeit payroll and business checks in violation of 18 U.S.C. §§ 371 and 513(a). After the district court denied both Harris’ motion to dismiss the indictment and his later motion for rehearing and reconsideration (hereafter the “Motion”), Harris entered a conditional plea of guilty and was sentenced. Harris now appeals the denial of the Motion, which argued that the government had breached a plea agreement that it had made with him regarding an earlier criminal information. We VACATE and REMAND for the reasons stated in this opinion.

Background

On February 22, 2001 Columbus, Ohio Airport Police found Farris in possession of counterfeit American Express traveler’s checks and arrested him (J.A. 73).1 Secret Service Special Agent Joseph Scargill (“Scargill”) conducted a post-arrest interview of Harris on the same day, during which Harris told Scargill about his activities regarding the possession of the American Express checks (J.A. 74). Scargill did not ask Harris, nor did Harris tell Scargill, about any other counterfeiting activities [224]*224(id.). Harris then entered into a plea agreement (“Agreement”) with the United States as to that possession charge. That charge is not the subject of the current appeal, but these provisions of the Agreement (J.A. 25-26) are relevant here:

1. Defendant HARRIS will enter a plea of guilty to Count 1 of the Information filed herein which charges him with possession of counterfeit securities, in violation of 18 U.S.C. § 513(a).
* * ❖ * :[: sk
4. Defendant HARRIS agrees to provide a complete statement pertaining to the Information filed herein and to any and all other counterfeit securities activities in which he may have been involved or as to which he may have knowledge. Defendant further agrees to provide a complete statement to authorities of the United States concerning such matters prior to the entry of his guilty plea pursuant to this agreement. Defendant agrees to submit to supplemental debriefings on such matters whenever requested by authorities of the United States whether before or after his plea is entered.
Pursuant to § 1 B 1.8 of the Federal Sentencing Guidelines, the government agrees that any self-incriminating information so provided will not be used against the defendant in determining the applicable guideline range for sentencing or for departure therefrom.
5. If such plea of guilty is entered, and not withdrawn, and Defendant HARRIS acts in accordance with all other terms of this agreement, the United States Attorney for the Southern District of Ohio agrees not to file additional criminal charges against Defendant HARRIS based on the counterfeit securities activities charged in the Information or based on other counterfeit activities in the Southern District of Ohio occurring prior to the date of the Information and as to which Defendant gives testimony or makes statements pursuant to this agreement.

As required by the Agreement, on April 20, 2001 Harris entered a plea of guilty to one count of possession of counterfeit securities.2

Meanwhile Secret Service Special Agent William Shink (“Shink”) was engaged in a separate investigation of a counterfeit securities conspiracy operating in the Dayton, Ohio area. In the course of that investigation, Shink (who had no knowledge of the charges to which Harris had pleaded guilty) had occasion to go to Harris’ residence in an effort to speak to him, but Harris refused (J.A. 74).

Nevertheless Shink eventually gathered enough evidence to enable the government to indict Harris (and five others) under 18 U.S.C. §§ 371 and 513(a) on charges of conspiring to make, utter and possess counterfeit payroll and business checks from a number of businesses (not including American Express) (J.A. 30-36). That indictment, returned on December 10, 2002, charged that the conspiracy had lasted from at least January 2000 up to and including October 4, 2000. (id.).

At no point during either the initial possession case or the later conspiracy case did Harris give any statement to any government representative concerning the counterfeiting activities underlying the conspiracy indictment (J.A. 74-76). And importantly in light of the Agreement’s provisions, there is no evidence that any government agent undertook any effort to debrief Harris on the subject of his overall [225]*225knowledge of counterfeit securities activities during the interval between the signing of the Agreement and the entry of his guilty plea to the criminal information.

After the denial of his initial motion to dismiss the conspiracy indictment, Harris followed up with the Motion, arguing that the conspiracy indictment had breached the Agreement and that the only “available and meaningful remedy” for that breach was dismissal of the indictment (J.A. 63-71). In particular Harris argued that the government had breached by “failing to debrief [him] and thereby provide him with the opportunity to obtain the benefits of the government’s promise not to prosecute him” for crimes about which he would give statements (J.A. 63).

While the district court “assume[d] for present purposes that the Plea Agreement implicitly obligated the Government to debrief [Harris]” (J.A. 80), it found that obligation had been fulfilled by Shink’s spurned attempt to question Harris (J.A. 81). Hence it denied the Motion (id.). Harris now appeals that denial.

Governing Principles and Standard of Review

Plea agreements are contractual in nature, so we use traditional contract law principles in interpreting and enforcing them. United States v. Lukse, 286 F.3d 906, 909 (6th Cir.2002). But because plea agreements’ constitutional and supervisory implications raise concerns over and above those present in the traditional contract context, in interpreting such agreements we “hold[] the government to a greater degree of responsibility than the defendant (or possibly than would be either of the parties to commercial contracts) for impre-cisions or ambiguities in the plea agreements.” United States v. Johnson, 979 F.2d 396, 399 (6th Cir.1992), quoting United States v. Harvey, 791 F.2d 294, 300 (4th Cir.1986). And once such an agreement is interpreted, the burden of proving its breach falls on the party asserting the breach.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Keilholtz v. United States
E.D. Tennessee, 2021
Jiminez v. United States
E.D. Kentucky, 2021
United States v. John Black
652 F. App'x 376 (Sixth Circuit, 2016)
United States v. Stephen Cook
607 F. App'x 497 (Sixth Circuit, 2015)
United States v. Milton Jones
425 F. App'x 449 (Sixth Circuit, 2011)
United States v. Raymond Canty
421 F. App'x 541 (Sixth Circuit, 2011)
United States v. Alex Zakharia
418 F. App'x 414 (Sixth Circuit, 2011)
United States v. Bowman
634 F.3d 357 (Sixth Circuit, 2011)
United States v. Wayne Goodloe
388 F. App'x 500 (Sixth Circuit, 2010)
State v. Wesley
2009 WI App 118 (Court of Appeals of Wisconsin, 2009)
State v. Rivers
931 A.2d 185 (Supreme Court of Connecticut, 2007)
United States v. Jayson Harris
473 F.3d 222 (Sixth Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
473 F.3d 222, 2006 U.S. App. LEXIS 23456, 2006 WL 3849318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jayson-harris-ca6-2006.