U.S.S.G. § 6B1.3

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§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(c) advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.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 (amendment 674).

Notes of Decisions

Cited in 13 cases, 1992–2008 · leading case: United States v. Terry L. Peveler, 359 F.3d 369 (6th Cir. 2004).

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United States v. Terry L. Peveler, 359 F.3d 369 (6th Cir. 2004). · cites it 2× “; U.S.S.G. § 6B1.3. The court must then “afford the defendant an opportunity to withdraw the defendant’s guilty plea.”

United States v. Roman A. Fernandez, 960 F.2d 771 (9th Cir. 1992). · cites it 2× “At the time Fernandez entered his guilty plea, however, the district court made sure Fernandez understood that, “[t]he plea agreement entered by you and the Unite[d] States is made pursuant to the provision of Rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure, which…”

Percy William Fields v. United States, 963 F.2d 105 (6th Cir. 1992). · cites it 2× “; U.S.S.G. § 6B1.3. The court must then “afford the defendant an opportunity to withdraw the defendant’s guilty plea.”

United States v. Robert F. Carrozza, United States of Am. v. Raymond J. Patriarca, United States of Am. v. Raymond J. Patriarca, 4 F.3d 70 (1st Cir. 1993). “See U.S.S.G. § 6B1.3, Commentary. In effect, § 6B1.”

United States v. Miranda Santiago, 96 F.3d 517 (1st Cir. 1996). “11(e)(4); U.S.S.G. § 6B1.3(ps). 3 . The 139 month prison term on Count One appears, from the record before us, to have been *521 the result of negotiation between the initial plea and sentencing.”

United States v. William Gilchrist, 130 F.3d 1131 (3rd Cir. 1997). “11(e)(4); U.S.S.G. § 6B1.3. If the plea agreement is executed pursuant to Fed.”

United States v. Norman Workman, AKA Norm, AKA Tony, 110 F.3d 915 (2d Cir. 1997). “1 The Agreement also provided that if the government determined that Workman provided substantial assistance in the prosecution of other LA Boys members, the government would move for a downward departure pursuant to U.”

United States v. Conway, 513 F.3d 640 (6th Cir. 2008). “See U.S.S.G. § 6B1.3 (“If the court rejects a plea agreement [entered under 11(c)(1)(A) or (C)] the court must .”

United States v. Flemmi, 195 F. Supp. 2d 243 (D. Mass. 2001). “Pursuant to Federal Rule of Criminal Procedure 11(e)(1)(C) the court must either accept the plea agreement and impose the sentence on which the parties have agreed or reject the plea agreement and give the defendant the opportunity to withdraw his plea.”

United States v. Carrozza, 807 F. Supp. 156 (D. Mass. 1992). “11(e)(3) and (4); U.S.S.G. § 6B1.3. As also indicated earlier, by virtue of their terms, the rejection of one plea agreement would have operated to abrogate all of the others.”

United States v. James Nutter & Susan Crews, Beatrice R. Blanchard, 61 F.3d 10 (2d Cir. 1995). “The agreement was subject to the condition that if the court rejected the agreement, Nutter could withdraw his guilty plea pursuant to Rule 11(e)(4) and U.S.S.G. § 6B1.3. In February, 1994, following the recommendation of the Presentence Report, Chief Judge Parker applied the…”

United States v. Peveler (6th Cir. 2004). · cites it 2× “; U.S.S.G. § 6B1.3. The court must then “afford was decided before the Sentencing Guidelines, had been the defendant an opportunity to withdraw the defendant's overruled by “the 1987 amendments to the Federal Rules guilty plea.”

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— U.S.S.G. §6B1.3(ps) — 1 case

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