DOJ-OGR-00021686.jpg
Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page39 of 93
26
approval of each affected U.S. Attorney’s Office before
entering into any non-prosecution agreement that pur-
ports to bind another district. See Justice Manual § 9-
27.641 (“No district or division shall make any agree-
ment, including any agreement not to prosecute, which
purports to bind any other district(s) or division with-
out the approval of the United States Attorney(s) in
each affected district and/or the appropriate Assistant
Attorney General.”).
Finally, Maxwell devotes much of her brief to criti-
cizing Annabti. (E.g., Br.18-23). But this Court’s rule is
sound, as it ensures that a criminal defendant (or
even, as here, a co-conspirator) will not receive the
windfall of immunity that was never intended by the
parties to the original agreement, while leaving par-
ties free to enter into legitimate multi-district resolu-
tions if they wish. Nor has Maxwell’s parade of horri-
bles come to pass in the decades since Annabi was de-
cided. Furthermore, the same rule has long been ap-
plied in the Seventh Circuit. See Thompson v. United
States, 431 F. App’x 491, 493 (7th Cir. 2011); United
States v. Rourke, 74 F.3d 802, 807 n.5 (7th Cir. 1996).
In any event, this Court need not engage in a point-by-
point analysis of the merits of Annabi, because it re-
mains binding precedent. See United States v. Wilker-
son, 361 F.3d 717, 732 (2d Cir. 2004) (Court is “bound
by the decisions of prior panels until such time as they
are overruled either by an en banc panel of our Court
or by the Supreme Court’).
DOJ-OGR-00021686
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021686.jpg |
| File Size | 627.7 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,609 characters |
| Indexed | 2026-02-03 20:16:02.939931 |