Most federal criminal cases end in a guilty plea, and most federal guilty pleas come with a written plea agreement. The agreement can shape the sentence, but it also asks the person to give up rights, usually including much of the right to appeal.
This guide explains the types of federal plea agreements under Rule 11 of the Federal Rules of Criminal Procedure, what an appeal waiver does, when a plea without an agreement can make sense, and whether a plea can be taken back. It applies the same way in the Eastern and Western Districts of Missouri.
The types
What are the types of federal plea agreements?
Rule 11(c)(1) describes three kinds of promises the government can make.
Dismissing or not bringing charges
The government agrees to dismiss other counts, or not to file additional charges, in exchange for a plea to one or more counts. Under Rule 11(c)(1)(A), this can matter most when a dismissed count carries a mandatory minimum.
Recommendations
The government agrees to recommend, or not oppose, a particular sentence or guideline calculation. Under Rule 11(c)(1)(B), the recommendation does not bind the judge, and if the judge does not follow it, the person cannot withdraw the plea for that reason. This is the most common type.
Binding agreements
Under Rule 11(c)(1)(C), the parties agree to a specific sentence or range that binds the judge once the judge accepts the agreement. If the judge rejects it, the person can withdraw the plea. These agreements are less common.
What is usually in the document
The charges, the facts the person admits, the statutory range, agreed and disputed guideline issues, acceptance of responsibility, forfeiture or restitution, and the waivers.
Waivers
What is an appeal waiver in a federal plea agreement?
A promise not to appeal the conviction or sentence, or to appeal only on limited grounds.
Most federal plea agreements in Missouri include a waiver of the right to appeal and a waiver of the right to challenge the conviction or sentence later in a post-conviction motion. The judge must explain the waiver to the person at the plea hearing, under Rule 11(b)(1)(N).
The Eighth Circuit generally enforces appeal waivers when the appeal falls within the waiver’s scope, the person entered the agreement and waiver knowingly and voluntarily, and enforcing it would not result in a miscarriage of justice. Waivers commonly preserve a few things, though the exact wording varies:
- A sentence above the statutory maximum.
- Claims of ineffective assistance of counsel.
- Claims of prosecutorial misconduct.
- In some agreements, a sentence above the guideline range the court calculates.
A waiver does not take away the right to have a notice of appeal filed if the person asks for one. A lawyer who ignores that instruction is ineffective, even with a waiver in place.
What survives a waiver can matter later. See our guide to Section 2255 motions.
The tradeoff
How much does a plea agreement reduce a federal sentence?
Often less than people expect.
A guilty plea usually earns a reduction for acceptance of responsibility under the Sentencing Guidelines: two offense levels, plus one more on the government’s motion when the person pleaded in time to spare the government from preparing for trial. That is a real benefit, but in a long-sentence case it is a modest change relative to the total.
Larger differences tend to come from other parts of an agreement: dismissing a count with a mandatory minimum, agreeing on drug quantity or a guideline enhancement, or a motion for a lower sentence based on cooperation. The value of any particular agreement depends on what the government is giving up and what the person is giving up in return.
No agreement
What is an open plea in federal court?
A guilty plea with no plea agreement.
In an open plea, the person pleads guilty to the charges as filed. There are no promises from the government, but there is also no appeal waiver, and the defense is free to contest every guideline issue at sentencing and to appeal the sentence.
An open plea can be the better choice when the agreement on offer gives little in return, when the waiver would give up a strong sentencing issue, or when the government insists on terms the person cannot accept. Acceptance of responsibility is usually still available. Whether an open plea makes sense is a case-by-case judgment that depends on the charges, the guideline issues, and the person’s goals.
Taking it back
Can you withdraw a guilty plea in federal court?
It depends on timing, under Rule 11(d) and (e).
- Before the judge accepts the plea: for any reason or no reason.
- After the plea is accepted but before sentencing: only if the judge rejects a plea agreement, or if the person shows a “fair and just reason.” Changing one’s mind after seeing the presentence report is generally not enough.
- After sentencing: the plea cannot be withdrawn. It can be set aside only on direct appeal or in a post-conviction motion.
That is why the time to understand the agreement, the guideline estimate, and the waiver is before the plea hearing, not after.
FAQ
Federal plea questions
Does the judge have to follow a federal plea agreement?
Only a binding agreement under Rule 11(c)(1)(C), and only once the judge accepts it. A recommendation under Rule 11(c)(1)(B) does not bind the judge, and the person cannot withdraw the plea if the judge sentences differently.
Can I appeal after signing an appeal waiver?
Only on issues the waiver does not cover, such as a sentence above the statutory maximum, or where enforcing the waiver would be a miscarriage of justice. Claims of ineffective assistance are commonly preserved.
Is a federal plea agreement the same in St. Louis and Kansas City?
The rules are the same in both districts, and the structure of the agreements is similar. Each U.S. Attorney’s Office uses its own forms and has its own negotiating practices.
What does acceptance of responsibility take off a federal sentence?
Usually two offense levels, plus a third on the government’s motion for a timely plea. How much time that represents depends on where the guideline range falls.
Can statements in plea talks be used against me?
Generally, statements made in plea discussions with a government attorney are protected under Federal Rule of Evidence 410, but plea agreements and proffer agreements often contain waivers of that protection. Read those terms carefully before any meeting.
More on federal cases: presentence report objections and mandatory minimums. See our federal criminal defense page, or call 573-638-8529. Weighing cooperation? See federal proffers and cooperation.
Talk to us
Read it before you sign it.
If you have been offered a federal plea agreement, or want a second look at one before the plea hearing, call 573-638-8529.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about federal plea agreements as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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