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1. dragon+(OP)[view] [source] 2023-05-11 23:21:14
> The DoJ press release is at https://www.justice.gov/usao-cdca/pr/santa-barbara-county-ma..., but the plea agreement isn’t available (yet), which would indicate if they’ve agreed on an offence level and any adjustments.

Note, however, that even if an agreement was reached that such an agreement is an agreement on what to present to the court; the court may not be bound, in accepting the plea agreement, to accept, in sentencing, the recommended offense level, or the recommend adjustments, or even to stick to the guidelines, depending on the exact form of the agreement.

[EDIT: Revised based on a correction in the response comment].

replies(1): >>waiwai+31
2. waiwai+31[view] [source] 2023-05-11 23:28:19
>>dragon+(OP)
I believe - and to be honest the Sentencing Guidelines are just on the boundary of my wheelhouse, but plea agreements are well outside - that Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure allow a plea agreement that binds the court, so depends on the nature of the exact plea agreement. (see also §6B1.2 of the Sentencing Guidelines)
replies(1): >>dragon+B2
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3. dragon+B2[view] [source] [discussion] 2023-05-11 23:37:47
>>waiwai+31
You are correct and I have corrected the posts that suggested otherwise.
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