Common use of Agreements Relating to Sentencing Clause in Contracts

Agreements Relating to Sentencing. 12. This Agreement will be governed, in part, by Federal Rule of Criminal Procedure 11(c)(1)(C). That is, the parties have agreed that the sentence imposed by the Court shall include a term of imprisonment in the custody of the Bureau of Prisons of not less than 20 years and not more than 30 years. The government will recommend a sentence of 30 years of imprisonment. The defendant is free to recommend any sentence within the agreed range of imprisonment. Other than this agreed range for a term of incarceration, the parties have agreed that the Court remains free to impose the sentence it deems appropriate. If the Court accepts and imposes a sentence of incarceration within the agreed range set forth herein, defendant may not withdraw this plea as a matter of right under Federal Rule of Criminal Procedure 11(d) and (e). If, however, the Court refuses to impose a sentence within the agreed range of incarceration set forth herein, thereby rejecting this plea agreement, or otherwise refuses to accept defendant’s plea of guilty, either party has the right to withdraw from this plea agreement.

Appears in 3 contracts

Samples: jnslp.files.wordpress.com, m.chicagoreader.com, www.justice.gov

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Agreements Relating to Sentencing. 1210. This Agreement will be governed, in part, by Federal Rule of Criminal Procedure 11(c)(1)(C). That is, the parties have agreed that the sentence imposed by the Court shall include a term of imprisonment in the custody of the Bureau of Prisons within the advisory Sentencing Guidelines range of not less than 20 years and not more than 30 years106 to 117 months. The government will parties are free to recommend a sentence of 30 years of imprisonment. The defendant is free to recommend at any sentence point within the agreed range of imprisonmentsentencing range. Other than this the agreed range for a term of incarceration, the parties have agreed that the Court remains free to impose the sentence it deems appropriate. If the Court accepts and imposes a sentence the agreed term of incarceration within the agreed range set forth hereinforth, defendant may not withdraw this plea as a matter of right under Federal Rule of Criminal Procedure 11(d) and (e). If, however, the Court refuses to impose a sentence within the agreed range term of incarceration set forth herein, thereby rejecting this plea agreement, or otherwise refuses to accept defendant’s plea of guilty, either party has the right to withdraw from this plea agreement.

Appears in 2 contracts

Samples: Plea Agreement, dig.abclocal.go.com

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