UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK
June 3, 1993
UNITED STATES OF AMERICA,
MIA AYERS, Defendant.
The opinion of the court was delivered by: JOHN T. CURTIN
The court has had an opportunity to review the report of Honorable Carol E. Heckman, United States Magistrate Judge, on the defendant's motion to dismiss the indictment. The defendant has filed objections to the report, and the court considered oral argument on May 12, 1993.
Defendant moves to dismiss the indictment because she urges that the government has reneged on an agreement not to prosecute her. The Magistrate Judge reviewed the affidavits filed by the government and the defendant and has rejected her argument.
Represented by counsel, defendant Ayers met with the government prosecutor and F.B.I. agents. She was told that she would be expected to plead guilty to some criminal offense even if she cooperated with the government.
At the meeting with the government representatives, she and her attorney were told that she was a target of the grand jury investigation. She was given the opportunity to provide information in exchange for a promise that this information would not be used against her in any criminal proceeding. She agreed to provide information under these circumstances. She was indicted for a violation of conspiracy.
At the proceeding before the Magistrate Judge, Judge Heckman reviewed the grand jury testimony and found that the government did not use any of the information obtained from her during the meeting but had independent basis for the indictment. I have reviewed the objections and considered argument of her attorney and find no reason to upset the report of the Magistrate Judge. The report is affirmed, and the motion of the defendant to dismiss is denied.
JOHN T. CURTIN
United States District Judge
Dated: June 3, 1993
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