The 11(c) Plea: The No-Surprise Plea Agreement in Federal Court
In a typical plea agreement, the defense and the Government agree on the charge(s) to which the defendant will plead guilty, which will be dismissed, and the general sentence each side will recommend. But the problem is that the federal judge is not bound by the agreement and can impose a higher sentence than expected considering the United States Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a).
Importantly, once a defendant pleads guilty and the Court accepts the plea, the defendant cannot withdraw his plea after the Court imposes a sentence. This is true even if the Court departs upward and gives the defendant a much more severe sentence.
The question then is: Is there any way in which a defendant in federal court can enter a plea and bind the judge to a specific sentence or a sentencing range?
Fortunately, there is!
To achieve this goal, defense attorneys often seek to have their clients enter into a Rule 11(c)(1)(C) plea agreement, or a “C plea.” In this plea agreement, the defendant and the Government agree to a specific sentence, or a sentencing range, which is designated in the plea agreement. If the judge accepts the plea agreement, then the Court must impose the agreed sentence or sentencing range. Essentially, the criminal defendant has bound the Court to a sentence, which prevents uncertainty and unwarranted unexpected results.
A few years ago, I was representing a defendant in a multimillion-dollar fraud and tax-evasion case. The case was complex, with cooperating witnesses for the Government in federal prisons all over the country—and many of whom were no longer interested in cooperating with the Government. The trial would have lasted 4–6 weeks, and the evidence would have been boring, with thousands of pages of bank and business records. At the same time, my client faced substantial risks; a conviction at trial could have resulted in a 20-year prison sentence.
The Government was eager to resolve the case with an 11(c)(1)(C), or C plea, which assured a conviction but was also beneficial to the defendant. At the same time, the Court was eager to resolve the case and prevent a lengthy trial.
For someone facing serious drug, fraud, conspiracy, or other complex federal offenses, then a “C plea” may be of benefit to them.
If you are a defendant seeking representation in federal court, contact our office to discuss your case by calling Attorney Joe Edwards (614) 309-0243.
