Sentencing.us

A free U.S. Federal Sentencing Guidelines calculator

Policy statement · 2026 Manual

§ 6B1.3.

Procedure Upon Rejection of a Plea Agreement (Policy Statement)

United States Sentencing Commission · Effective November 1, 2026

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(c) advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.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

Working out a guideline range? Try the free Sentencing.us calculator.

From the United States Sentencing Commission's 2026 Guidelines Manual, effective November 1, 2026. This site is an independent presentation of the Commission's text, not affiliated with the Commission.

Find in the 2026 manual

Search guideline text, commentary, and the statutory index.