JM 9-27.000 – Principles of Federal Prosecution

9-27.001Preface

9-27.110Purpose

9-27.120Application

9-27.130Implementation

9-27.140Modifications or Departures

9-27.150Non-Litigability

9-27.200Initiating and Declining Prosecution—Probable Cause Requirement

9-27.220Grounds for Commencing or Declining Prosecution

9-27.230Initiating and Declining Charges—Substantial Federal Interest

9-27.240Initiating and Declining Charges—Prosecution in Another Jurisdiction

9-27.250Non-Criminal Alternatives to Prosecution

9-27.260Initiating and Declining Charges—Impermissible Considerations

9-27.270Records of Prosecutions Declined

9-27.300Selecting Charges—Conducting an Individualized Assessment

9-27.310Charges Triggering Mandatory Minimum Sentences and Statutory Enhancements

9-27.311Charges Triggering Mandatory Minimum Sentences and Statutory Enhancements in Certain Drug Cases

9-27.320Additional Charges

9-27.330Pre-Charge Plea Agreements

9-27.400Plea Agreements Generally

9-27.410Plea Agreements - Cooperation

9-27.420Plea Agreements—Considerations to be Weighed

9-27.430Selecting Plea Agreement Charges

9-27.440Plea Agreements When Defendant Denies Guilt

9-27.450Records of Plea Agreements

9-27.500Offers to Plead Nolo Contendere—Opposition Except in Unusual Circumstances

9-27.520Offers to Plead Nolo Contendere—Offer of Proof

9-27.530Argument in Opposition of Nolo Contendere Plea

9-27.600Entering into Non-prosecution Agreements in Return for Cooperation—Generally

9-27.620Entering into Non-prosecution Agreements in Return for Cooperation—Considerations to be Weighed

9-27.630Entering into Non-prosecution Agreements in Return for Cooperation—Limiting the Scope of Commitment

9-27.640Agreements Requiring Assistant Attorney General Approval

9-27.641Multi-District (Global) Agreement Requests

9-27.650Records of Non-Prosecution Agreements

9-27.710Participation in Sentencing—Generally

9-27.720Establishing Factual Basis for Sentence

9-27.730Making Sentencing Recommendations

9-27.731Making Sentencing Recommendations in Certain Drug Cases

9-27.745Unreasonable or Illegal Sentences

9-27.750Disclosing Factual Material to Defense

9-27.760Limitation on Identifying Uncharged Parties Publicly

Chapter 9-27.000