Plea Bargain


D was arrested on heroin distribution charges by DEA Agent A, who gave him Miranda warnings. D then informed A that he had cooperated with the government in the past and would be willing to do so in the future. In the course of this conversation D made incriminating statements relating to the crime for which he had been arrested. Later that day D met in a pre-arraignment conference with Assistant United States Attorney B and had a similar conversation. After his arraignment D returned to DEA headquarters with a lawyer to meet with A. D again offered to cooperate, and A suggested that D contact Agent C. D thereafter contacted C, offered to cooperate, and made some incriminatory statements. At no time during any of these conversations did D explicitly offer to plead guilty or request a concession from the government.

Which parts, if any, of the conversations related above should be excluded under Rule 410? What additional information might assist you in making this determination?

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