Magistrate Judge H. Kenneth Schroeder
After Convissar’s appointment to represent Blumhagen after prior counsel withdrew, Blumhagen sought dismissal of the indictment against him. He pleaded guilty April 18, 2006. The government sought in camera review of two draft plea agreements, and a determination whether they should be produced to Convissar or were protected by the attorney work-product privilege. The government claimed Blumhagen’s plea concerned only a so-called “Tee to Green” scheme and that Blumhagen understood that he could still be prosecuted for his “Advance Fee” scheme. Blumhagen maintained that he believed his plea agreement covered both schemes. The court directed both draft plea agreements’ disclosure to Blumhagen. Its review found the drafts more restrictive than the final, executed plea agreement. Thus, by the government’s own internal documents, the progression of drafts expanded the materials covered by the plea agreement, and culminated in the final, executed agreement. Blumhagen should be permitted to review the draft plea agreements to the extent they show the government’s thought processes and intent, and may help resolve the ambiguity surrounding the final, executed plea agreement.
