The Tenth Circuit on Thursday issued one published opinion and seven unpublished opinions.
In United States v. Mitchell, the Court affirmed the district court’s decision. Petitioner was indicted on one count of conspiracy to transport stolen securities. Petitioner executed a plea agreement that waived his right to FRE 410 protections that ordinarily make a defendant’s withdrawn guilty plea or his statements during plea discussions inadmissible at trial. Petitioner later withdrew from the plea agreement and went to trial; the district court allowed the statements to be admitted and Petitioner alleges this was in error. However, the Court found that Petitioner voluntarily entered into the plea agreement and validly waived Rule 410’s protections, entitling the government to use the plea statements during its case-in-chief at trial.