Epstein Secrets

t will adequately pro- tect and secure for the defendant the ben- efit of his bargain under the nonprosecu- tion agreement if he is entitled to it." Bailey, 34 F.3d at 691; see Bird, 709 F.2d at 392 (same). Here, Stolt-Nielsen and Wingfield may interpose the Agreement (as a defense to conviction) in

ea immunity from prosecution, but to provide him with a shield against successful prose- cution, available to him as a defense"); United States v. Bailey, 34 F.3d 683, 690- 91 (8th Cir.1994) (holding that an agree- ment "not to prosecute" protected the de- fendant from "the inherent risk of convic- tio

States v. Awn; 401 U.S. 601, 603, 91 S.Ct. 1112, 1115, 28 1...Ed.2d 356 (1971) (firearm registration requirement did not violate Fifth Amendment); Marchetti v. United States, 390 U.S. 39, 53, 88 S.Ct. 697, 705, 19 1.-Ed.2d 889 (1968) (tax regis- tration requirements violated fifth amend- ment because re

citations omitted). However, the act of production privilege applies only if the production would be "testimonial" and "incriminating." Butcher v. Bailey , 753 F.2d 465, 469 (6th Cir 1985) (citing United States v. Doe , 465 U.S. 605, 612-13 (1984)). Production of documents may be testimonial in any o

of the Fifth Amendment is whether the claimant is confronted by substantial and `real,' not merely trifling or imaginary, hazards of incrimination." Marchetti v. United States , 390 U.S. 39, 53 (1968). EFTA00211779 Furthermore, a witness is not exonerated from answering questions merely because he decla

e citations omitted). However, the act of production privilege applies only if the production would be "testimonial" and "incriminating." Butcher I Bailey , 753 F.2d 465, 469 (6th Cir 1985) (citing United States I Doe , 465 U.S. 605, 612-13 (1984)). Production of documents may be testimonial in any of

of the Fifth Amendment is whether the claimant is confronted by substantial and `real,' not merely trifling or imaginary, hazards of incrimination." Marchetti I United States , 390 U.S. 39, 53 (1968). EFTA00222995 Furthermore, a witness is not exonerated from answering questions merely because he declar

00179125 omitted). However, the act of production privilege applies only if the production would be "testimonial" and "incriminating." Butcher v. Bailey, 753 F.2d 465, 469 (6th Cir 1985) (citing United States v. Doe, 465 U.S. 605, 612-13 (1984)). Production of documents may be testimonial in any of

TA00179106 Amendment is whether the claimant is confronted by substantial and 'real,' not merely trifling or imaginary, hazards of incrimination." Marchetti v. United States, 390 U.S. 39, 53 (1968). Furthermore, a witness is not exonerated from answering questions merely because he declares that in so d