United States v. Fallon
United States Court of Appeals for the Seventh Circuit
776 F.2d 727 (1985)
Fallon (defendant) was prosecuted for federal odometer-tampering crimes; his alleged co-conspirator, Huebner, struck a deal in which the government agreed to pursue limited charges and recommend no prison time as long as Huebner cooperated satisfactorily in Fallon's prosecution. At trial, Fallon moved to strike Huebner's testimony, and the district court granted the motion and instructed the jury to disregard it entirely, reasoning the deal made Huebner's future treatment contingent on his performance against Fallon. The government appealed the decision to strike the testimony.
Whether a performance deal conditioning a witness's prosecution on satisfactory cooperation with a separate defendant's prosecution violates that defendant's due process rights.