U.S.S.G. § 6B1.1
Plea Agreement Procedure
§6B1.1. Plea Agreement Procedure (Policy Statement)
(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.
Commentary
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 report.
Historical Note: Effective November 1, 1987. Amended effective November 1, 2004 (amendment 674).
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1990–2024 · leading case: United States v. Thomas L. Ewing, 957 F.2d 115 (4th Cir. 1992).
United States v. Thomas L. Ewing, 957 F.2d 115 (4th Cir. 1992). “Ewing’s argument centers on U.S.S.G. §§ 6B1.1, 6B1.2, and 6B1.3. Section 6Bl.”
United States v. Willie James Richardson, A/K/A Riz, A/K/A Raheem, 195 F.3d 192 (4th Cir. 1999). “, Fed.R.Crim.P. 11(e) (providing plea agreement procedures); 28 U.”
United States v. Battle, 499 F.3d 315 (4th Cir. 2007). “In choosing to conditionally accept the plea, the court noted that it was deferring further action pursuant to U.S.S.G. § 6B1.1(c), which permits a court to accept or reject a plea agreement described in Rule 11(c)(1)(A) or (C), or to defer a decision on the agreement until it…”
United States v. Juan Miguel Palafox-Mazon Carlos Gamboa-Miranda Ramon Garcia-Montijo, 198 F.3d 1182 (9th Cir. 2000). “” U.S.S.G. § 6B1.1 comment. Even where a plea agreement contains a nonbinding sentencing recommendation, the Sentencing Guidelines provide that "the court is not bound by the sentencing recommendation.”
United States v. Peter A. Loutos, Sr., 383 F.3d 615 (7th Cir. 2004). “Loutos’ Motion to Withdraw his Plea On February 27, 2003, Loutos filed a motion to vacate, his guilty plea based on four grounds: (1) that he has the absolute *618 right to withdraw his guilty plea because the court has not actually accepted his plea in that U.S.S.G. § 6B1.1…”
United States v. Sophia Gordon, 61 F.3d 263 (4th Cir. 1995). “See U.S.S.G. § 6B1.1. When the agreement was resubmitted on a nonbinding basis, the defendant was advised of the judge’s right to decline the plea’s recommendations.”
United States v. Walter v. Grant, Jr., 117 F.3d 788 (5th Cir. 1997). “See U.S.S.G. § 6B1.1 (“The court shall defer its decision to accept or reject any nonbinding recommendation pursuant to Rule (e)(1)(B), and the court’s decision to accept or reject any plea agreement pursuant to Rules 11(e)(1)(A) and 11(e)(1)(C) until there has been an…”
United States v. Brian A. Standiford, 148 F.3d 864 (7th Cir. 1998). “Standiford did not ask the district court for permission to withdraw his guilty plea.”
United States v. Rafael Pacheco-Navarette, United States of Am. v. Victor Alfonso Gomez-Vera, 432 F.3d 967 (9th Cir. 2005). “The provisions of the Guidelines relating to plea agreements — U.S.S.G. §§ 6B1.1-4, p.s.— are policy statements only.”
United States v. Villa-Vazquez, 536 F.3d 1189 (10th Cir. 2008). “Rule 11(c)(3)(A); USSG § 6B1.1 cmt. After the plea is accepted the defendant can withdraw it before sentencing only upon showing “a fair and just reason,” Fed.”
United States v. Ronald G. Ritsema, 89 F.3d 392 (7th Cir. 1996). “1(c) reflects the changes in practice required by § 6A1.”
United States v. Boshell, 728 F. Supp. 632 (E.D. Wash. 1990). “U.S.S.G. § 6B1.1 et seq., introductory commentary.”
— U.S.S.G. §6B1.1(b) — 1 case
United States v. Juan Miguel Palafox-Mazon Carlos Gamboa-Miranda Ramon Garcia-Montijo, 198 F.3d 1182 (9th Cir. 2000). “” U.S.S.G. § 6B1.1 comment. Even where a plea agreement contains a nonbinding sentencing recommendation, the Sentencing Guidelines provide that "the court is not bound by the sentencing recommendation.”
— U.S.S.G. §6B1.1(c) — 10 cases
United States v. Battle, 499 F.3d 315 (4th Cir. 2007). “In choosing to conditionally accept the plea, the court noted that it was deferring further action pursuant to U.S.S.G. § 6B1.1(c), which permits a court to accept or reject a plea agreement described in Rule 11(c)(1)(A) or (C), or to defer a decision on the agreement until it…”
United States v. Lopez, 385 F.3d 245 (2d Cir. 2004).
United States v. Nelson Negrin (11th Cir. 2020).
United States v. Marin Canales (1st Cir. 2000).
United States v. Thompson (4th Cir. 1997).
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