United States of America v. Juan R. Grogan

Akron, Ohio criminal defense lawyer represented the Defendant charged with felony possession of a firearm.



ury convicted Juan Grogan of possessing a firearm as a felon, possessing a firearm in furtherance of drug trafficking, and possessing fentanyl with intent to distribute. At trial, the judge allowed the government to admit testimony about a series of statements that Grogan made during a proffer session. The statements concerned his ownership of drugs, a firearm, and a wallet, and his involvement in a shooting and a kidnapping.

On appeal, Grogan argues the admission of this evidence was an error.



* * *



Grogan agreed to speak with investigators, including Detective

Michael Volpe. They held a proffer session in which Grogan, accompanied by counsel, agreed

to provide information to the government. And the government agreed to evaluate the

information to consider a plea deal, although it made no promises. Grogan and investigators

discussed his actions on the day of the inventory search, the items found in the car, the Autosport

Plus incident, and the kidnapping.



Grogan signed a proffer agreement outlining when the government could use the

information he gave for impeachment or as substantive evidence:



Impeachment and Rebuttal Use. If your client testifies inconsistently with the

proffer or otherwise presents offers or elicits evidence or asserts facts or theories

inconsistent with the proffer at any trial, sentencing, or other legal proceeding, the

Government may use the proffer to cross-examine your client. Moreover, the

proffer may be used for impeachment or as substantive evidence to rebut any

evidence or argument inconsistent with the proffer offered by -- or on behalf of

your client... at any trial, sentencing, or other legal proceeding. These provisions

are necessary to ensure that no court or jury is misled by receiving information

inconsistent with that provided by your client in the proffer.



R.94, Trial Tr., pp.424–25, PageID 805–06.



Grogan testified against advise of his counsel at trial. Grogan was found guilty on all three counts. The court sentenced him to a total term of imprisonment of 185 months. Grogan timely appealed. He now challenges the trial court's

admission of his proffers.



Grogan invoked the 5th Amendment when the Government attempted to cross examine him on certain subjects.

reversed.