In Re Grand Jury Proceedings. Appeal of Ronald Anthony Perdue, Witness

TJOFLAT, Circuit Judge,

concurring:

I concur fully in the court’s opinion in this case, but would make an additional observation regarding Perdue’s claim that the United States Attorney for the Southern District of Florida is bound by a plea agreement promise made by his counterpart in the Northern District of Georgia. If, as Perdue contends, the United States Attorney in that district improperly induced Perdue to plead guilty by making a promise he did not intend to carry out, then Perdue’s remedy is to petition the Northern District of Georgia judge who accepted his plea and sentenced him to set aside his sentence and conviction, to reinstate his not guilty plea, and to permit him to proceed to trial. See 28 U.S.C. § 2255 (1982). Perdue had no such remedy in the United States District Court for the Southern District of Florida. The only question before that court was whether he should be held in contempt for willfully failing to testify pursuant to a proper grant of immunity.