§11. Amendments to the Act — Inbound Citations

Citations to 18A U.S.C. § 11 as a whole

• Fed. R. Crim. P. 11(c)(3)(A)

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  (A) 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.
• Fed. R. Crim. P. 11(c)(3)(B)

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  (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.
• Fed. R. Crim. P. 11(c)(4)

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  (4) Accepting a Plea Agreement. If the court accepts the plea agreement, it must inform the defendant that to the extent the plea agreement is of the type specified in Rule 11(c)(1)(A) or (C), the agreed disposition will be included in the judgment.
• Fed. R. Crim. P. 11(c)(5)

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  (5) Rejecting a Plea Agreement. 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  (C) advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.
• Fed. R. Crim. P. 11(d)(2)(A)

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  (A) the court rejects a plea agreement under Rule 11(c)(5); or
• Fed. R. Crim. P. 11(g)

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  (g) The proceedings during which the defendant enters a plea must be recorded by a court reporter or by a suitable recording device. If there is a guilty plea or a nolo contendere plea, the record must include the inquiries and advice to the defendant required under Rule 11(b) and (c).
• Fed. R. Crim. P. 62(e)(3)

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  (3) Videoconferencing for Felony Pleas and Sentencings. For a felony proceeding under Rule 11 or 32, a court may use videoconferencing only if, in addition to the requirement in (2)(B):

  (A) the district’s chief judge finds that emergency conditions substantially impair a court’s ability to hold in-person felony pleas and sentencings in the district within a reasonable time;

  (B) the defendant, before the proceeding and after consulting with counsel, consents in a writing signed by the defendant that the proceeding be conducted by videoconferencing; and

  (C) the court finds that further delay in that particular case would cause serious harm to the interests of justice.