Federal Rule of Criminal Procedure 11(e) recognizes and codifies the concept of plea agreements. Plea agreements should honestly reflect the totality and seriousness of the defendant's conduct, and any departure to which the prosecutor is agreeing, and must be accomplished through appropriate Sentencing Guideline provisions. See JM 9-27.400. The Department's policy is to stipulate only to facts that accurately represent the defendant's conduct. See JM 9-27.430. In addition, in accordance with JM 9-27.630, United States Attorneys may not make agreements which prejudice civil or tax liability without the express agreement of all affected Divisions and/or agencies. For additional discussion regarding plea agreements, see the Principles of Federal Prosecution, JM 9-27.400 et seq.

[updated January 2020]