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Case 22-1426, Document 59, 02/28/2023, 3475902, Page34 of 113
Papa, 533 F.2d 815 (2d Cir. 1976)). But, as Gebbie explained, Annabi misread
this Court’s precedent and fashioned an “illogical” rule out of whole cloth:
The first case cited in Annabi is Abbamonte, but Abbamonte merely
relies upon the other two cases cited in Annabi—Alessi and Papa ...
The court in Alessi relies upon Papa, which is a related case. ...
Papa, however, provides no support for the rule the Second
Circuit follows. ... Although Papa held that the plea agreement did
not bind other districts because the evidence revealed an intent to bind
only one district, the Second Circuit apparently has broadly
interpreted this case as meaning that plea agreements do not bind
other districts absent an affirmative appearance of doing
so. Papa does not explain or attempt to rationalize the rule that has
evolved.
294 F.3d at 547-48 (brackets and italics in original; bold added).
Annabi stands in tension with what the United States Supreme Court has written
about plea and immunity agreements. In Santobello, 404 U.S. 257 (1971)—the
seminal case on plea bargaining—the Supreme Court held that one prosecutor’s
promise in a plea agreement would bind other prosecutors, even those who might
have been unaware of the promise. As Santobello explained, “[t]he staff lawyers
in a prosecutor’s office have the burden of ‘letting the left hand know what the
right hand is doing’ or has done.” 404 U.S. at 262. And in Giglio v. United States,
the Supreme Court held that an Assistant United Stated Attorney (“AUSA”) had a
duty under Brady to disclose a promise of immunity that another AUSA had made
to a testifying witness, even though the first AUSA had been falsely assured that
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| Filename | DOJ-OGR-00021081.jpg |
| File Size | 743.3 KB |
| OCR Confidence | 94.2% |
| Has Readable Text | Yes |
| Text Length | 1,772 characters |
| Indexed | 2026-02-03 20:06:59.358989 |