(a) Reserved
(b) Entering a Plea Without an Agreement
(1) through (3) Reserved
(4) If a defendant chooses to plead guilty without a written Plea Agreement, defense
counsel must file a Notice of Intent to Enter a Guilty Plea, which includes the following
information:
(A) The counts and offenses to which the defendant intends to plead guilty;
(B) The elements of each offense;
(C) The minimum and maximum penalties of each offense;
(D) Known collateral consequences of the guilty plea;
(E) A statement of facts the defendant is prepared to admit under oath;
(F) A statement by counsel that he or she has reviewed the rights the defendant
waives upon entry of a guilty plea; and
(G) A statement verifying that counsel has relayed all plea offers and that the
defendant did not accept them.
(c) Plea Agreement Procedure
(1) In General. Without court approval, plea agreements in felony cases shall be in writing
and signed by the defendant, the defendant’s attorney and the attorney for the government.
Unless otherwise ordered, all felony plea agreements shall set forth a factual basis for the
plea.
(d) through (h) Reserved
(e) Felony Pleas Before Magistrate Judges
The magistrate judges in this district are authorized to accept waivers of indictment and guilty
pleas in felony cases with the consent of the defendant, the defendant’s attorney, and the United
States, and to order a presentence investigation report concerning any defendant who pleads
guilty to felony charges (Fed. R. Crim. P. 7(b), 11(a), and 32(c)). In such cases, the United States
magistrate judge may conduct the proceedings required by Fed. R. Crim. P. 11, and, if the plea is
accepted, order a presentence investigation report pursuant to Fed. R. Crim. P. 32.
Criminal Rules
If the magistrate judge accepts the plea, the United States magistrate judge shall file a report and
recommendation with the district judge to whom the case has been assigned. A copy of such
report and recommendation shall be served on all parties. Within fourteen days after such
service, any party may file and serve written objections thereto, and any party desiring to oppose
such objections shall have seven days thereafter within which to file and serve a written
response. The district judge may accept, reject, or modify, in whole or in part, the report and
recommendation of the magistrate judge. Sentencing shall take place before the district judge to
whom the case has been assigned. This rule in no way precludes any district judge from
reserving the function of conducting the proceedings required by Rule 11 in any/all case(s)
assigned to the district judge.
Criminal Rules
