DOJ-OGR-00004448.pdf

Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 151 of 349 defendant's criminal conduct, has an adequate factual basis, makes likely the imposition of an appropriate sentence and order of restitution, and does not adversely affect the investigation or prosecution of others. USAM § 9-27.420 specifies: In determining whether it would be appropriate to enter into a plea agreement, the attorney for the government should weigh all relevant considerations, including: 1. The defendant's willingness to cooperate in the investigation or prosecution of others; 2. The defendant's history with respect to criminal activity; 3. The nature and seriousness of the offense or offenses charged; 4. The defendant's remorse or contrition and his/her willingness to assume responsibility for his/her conduct; 5. The desirability of prompt and certain disposition of the case; 6. The likelihood of obtaining a conviction at trial; 7. The probable effect on witnesses; 8. The probable sentence or other consequences if the defendant is convicted; 9. The public interest in having the case tried rather than disposed of by a guilty plea; 10. The expense of trial and appeal; 11. The need to avoid delay in the disposition of other pending cases; and 12. The effect upon the victim's right to restitution. 4. USAM Provisions Relating to Non-Prosecution Agreements USAM § 9-27.600 authorizes government attorneys to enter into a non-prosecution agreement in exchange for a person's cooperation. The provision explains that a non-prosecution agreement is appropriate for this purpose when, in the prosecutor's judgment, the person's timely cooperation "appears to be necessary to the public interest and other means of obtaining the desired cooperation are unavailable or would not be effective." A comment to this provision explains that such "other means" include seeking cooperation after trial and conviction, bargaining for 124 DOJ-OGR-00004448