Procedure Upon Rejection of a Plea Agreement (Policy Statement)

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plea; and 504 ║ Guidelines Manual (November 1, 2024) §6B1.4 (c) advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.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 oppor- tunity 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).