The Federal Rules of Criminal Procedure and specifically, Rule 11(e), provide for the concept of plea agreements. However, due to United States Sentencing Guideline provisions, prosecutors are restricted in what they may offer in a plea agreement. And as many federal offenses carry mandatory sentences, there may be no room for plea bargaining. Statutes codifying many federal offenses expressly prohibit the application of plea arrangements.

Federal criminal practice is governed by Title 18 of the U.S. Code, Part II (Criminal Procedure). Chapter 221 of Part II addresses arraignments, pleas, and trial. The U.S. Attorney’s Manual contains several provisions addressing plea agreements. Chapter 9-16.300 titled “Plea Agreements” provides that plea agreements should “honestly reflect the totality and seriousness of the defendant’s conduct,” and any deviation must be consistent with Sentencing Guideline provisions. Official policy of the The Justice Department requires stipulation only to those facts that accurately represent the defendant’s conduct. Plea agreements require the approval of the assistant attorney general if counts are being dismissed, if defendant companies are being promised no further prosecution, or if particular sentences are being recommended.