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UNITED STATES v. MEZZANATTO

No. 93-1340.

513 U.S. 196 (1995)

115 S.Ct. 797

130 L.Ed.2d 697

UNITED STATES v. MEZZANATTO

Supreme Court of United States.

Decided January 18, 1995.

Attorney(s) appearing for the Case

Miguel A. Estrada argued the cause for the United States. With him on the briefs were Solicitor General Days, Assistant Attorney General Harris, and Deputy Solicitor General Kneedler.

Mark R. Lippman, by appointment of the Court, 511 U.S. 1067, argued the cause and filed a brief for respondent.*

Thomas, J.,delivered the opinion of the Court, in which Rehnquist, C. J.,and O'Connor, Scalia, Kennedy, Ginsburg, and Breyer, JJ., joined. Ginsburg, J., filed a concurring statement, in which O'Connor and Breyer, JJ., joined, p. 211. Souter, J., filed a dissenting opinion, in which Stevens, J., joined, p. 211.

Justice Thomas, delivered the opinion of the Court.

Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11(e)(6) provide that statements made in the course of plea discussions between a criminal defendant and a prosecutor are inadmissible against the defendant. The court below held that these exclusionary provisions may not be waived by the defendant. We granted certiorari to resolve a conflict among the Courts of Appeals, and we now reverse.

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