2009 FEDERAL SENTENCING GUIDELINES MANUAL
CHAPTER SIX - PART B - PLEA AGREEMENTS
§6B1.4. Stipulations (Policy Statement)
(a) A plea agreement may be accompanied by a written stipulation of facts relevant to sentencing. Except to the extent that a party may be privileged not to disclose certain information, stipulations shall:
(1) set forth the relevant facts and circumstances of the actual offense conduct and offender characteristics;
(2) not contain misleading facts; and
(3) set forth with meaningful specificity the reasons why the sentencing range resulting from the proposed agreement is appropriate.
(b) To the extent that the parties disagree about any facts relevant to sentencing, the stipulation shall identify the facts that are in dispute.
(c) A district court may, by local rule, identify categories of cases for which the parties are authorized to make the required stipulation orally, on the record, at the time the plea agreement is offered.
(d) The court is not bound by the stipulation, but may with the aid of the presentence report, determine the facts relevant to sentencing.
Historical Note: Effective November 1, 1987.