This section covers the procedure upon the rejection of a plea agreement.

2010 FEDERAL SENTENCING GUIDELINES MANUAL

CHAPTER SIX – SENTENCING PROCEDURES, PLEA AGREEMENTS, AND CRIME VICTIMS’ RIGHTS

PART B – PLEA AGREEMENTS

§6B1.3. Procedure Upon Rejection of a Plea Agreement (Policy Statement)

If the court rejects a plea agreement containing provisions of the type specified in Rule 11(c)(1)(A) or (C), the court must do the following on the record and in open court (or, for good cause, in camera)—

(a)inform the parties that the court rejects the plea agreement;

(b)advise the defendant personally that the court is not required to follow the plea agreement and give the defendant an opportunity to withdraw the plea; and

(c)advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.

Rule 11(c)(5), Fed. R. Crim. P.

Commentary

This provision implements the requirements of Rule 11(c)(5). It assures the defendant an opportunity to withdraw his plea when the court has rejected a plea agreement.

Historical Note: Effective November 1, 1987. Amended effective November 1, 2004 (see Appendix C, amendment 674).

(EFFECTIVE November 1, 2010)

United States Sentencing Commission