(a) Time Limits.
Attorneys for defendants are expected to inform the court as promptly as possible that a
defendant will request a change of plea. It is expected that, except for extraordinary circumstances,
notification will be given to the court not less than two (2) business days prior to commencement
of the trial, in order to avoid the unnecessary expense of convening a jury panel
(b) Contents and Access of Plea Agreements and Plea-Agreement Supplements.
The parties shall ensure that plea agreements are sanitized as to any reference whether a
criminal defendant has agreed to cooperate with the United States. A document entitled “Plea
Agreement Supplement” shall be filed under seal in conjunction with every plea agreement. If a
criminal defendant has agreed to cooperate, the Plea Agreement Supplement shall contain the
cooperation agreement. If the criminal defendant and the United States have not entered into a
cooperation agreement, the Plea Agreement Supplement shall indicate that there is no cooperation
agreement. Defense counsel shall not provide a paper or digital copy of the plea agreement
supplement to any person, including the defendant.
(c) Safety-Valve Information.
The parties shall ensure that plea agreements are sanitized as to any reference whether a
criminal defendant qualifies for sentencing pursuant to the safety-valve criteria set forth in 18
U.S.C. § 3553(f) and U.S.S.G. §5C1.2. Information of any agreement reached by the parties shall also
be filed under seal as part of the Plea Agreement Supplement.
(d) Public Notice.
All plea agreements will be filed as public (unsealed) documents, with no viewing
restrictions. The docket entry noting the filing of the sealed Plea Agreement Supplement shall be
publicly available on ECF, but the document itself shall only be available to the court.
(e) Duration of Sealing.
Plea Agreement Supplements shall remain sealed until otherwise ordered by the court.
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