How has section 3153(c)(3) of the Criminal Code interpreted in the context of impeaching a defendant?

MultiRegion, United States of America

The following excerpt is from U.S.A. v. Pena, 227 F.3d 23 (2nd Cir. 1999):

4. We note that several other circuit courts have interpreted section 3153(c)(3) in this context. See, e.g.,United States v. Issaghoolian, 42 F.3d 1175, 1177 (8th Cir. 1994) (allowing information from a defendant's pretrial services report to be used to impeach him); United States v. Stevens, 935 F.2d 1380, 1396-97 (3d Cir. 1991) (allowing use of pretrial services information to impeach a defense witness who made statements to the defendant's pretrial services officer). We express no view on the issues addressed in those cases because the scenarios with which they deal are not before us.

4. We note that several other circuit courts have interpreted section 3153(c)(3) in this context. See, e.g.,United States v. Issaghoolian, 42 F.3d 1175, 1177 (8th Cir. 1994) (allowing information from a defendant's pretrial services report to be used to impeach him); United States v. Stevens, 935 F.2d 1380, 1396-97 (3d Cir. 1991) (allowing use of pretrial services information to impeach a defense witness who made statements to the defendant's pretrial services officer). We express no view on the issues addressed in those cases because the scenarios with which they deal are not before us.

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