2005 Federal Sentencing Guidelines
CHAPTER SIX - PART A - PART
B - PLEA AGREEMENTS
§6B1.1. Plea Agreement Procedure (Policy
(a) The parties must disclose the plea agreement in open court when the plea
is offered, unless the court for good cause allows the parties to disclose
the plea agreement in camera. Rule 11(c)(2), Fed. R. Crim. P.
(b) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(B),
the court must advise the defendant that the defendant has no right to withdraw
the plea if the court does not follow the recommendation or request. Rule 11(c)(3)(B),
Fed. R. Crim. P.
(c) To the extent the plea agreement is of the type specified in Rule 11(c)(1)(A)
or (C), the court may accept the agreement, reject it, or defer a decision
until the court has reviewed the presentence report. Rule 11(c)(3)(A), Fed.
R. Crim. P.
This provision parallels the procedural requirements of Rule 11(c), Fed.
R. Crim. P. Plea agreements must be fully disclosed and a defendant whose plea
agreement includes a nonbinding recommendation must be advised that the court’s
refusal to accept the sentencing recommendation will not entitle the defendant
to withdraw the plea.
Section 6B1.1(c) deals with the timing of the court’s decision regarding
whether to accept or reject the plea agreement. Rule 11(c)(3)(A) gives the
court discretion to accept or reject the plea agreement immediately or defer
a decision pending consideration of the presentence report. Given that a presentence
report normally will be prepared, the Commission recommends that the court
defer acceptance of the plea agreement until the court has reviewed the presentence
Historical Note: Effective
November 1, 1987. Amended effective November 1, 2004 (see Appendix
C, amendment 674).