U.S. v. Wright

In prosecution on unlawful sale of firearm charge, prosecutor did not err in denying defendant’s request to offer co-defendant immunity against any potential perjury charge arising out of co-defendant’s testimony under circumstances where: (1) co-defendant, who had already pleaded guilty to said charges, but was awaiting sentencing, gave prosecutor inconsistent statements with respect to defendant’s role in controlled purchases of firearms; and (2) co-defendant asserted his Fifth Amendment rights by refusing to testify after prosecutor informed defendant that co-defendant gave recent statement favorable to defendant. Defendant failed to show that prosecutor intended to distort judicial fact-finding process by denying defendant’s request for issuance of immunity for co-defendant, where, as here, prosecutor held reasonable belief that co-defendant might perjure himself. Moreover, defendant failed to show any prejudice arising out of said denial where jury was able to view videotapes of controlled purchases to determine defendant’s role in said sales.