In re United States

Summary

The Sixth Circuit granted a writ of mandamus, holding that a district court violated Rule 11(c)(1) by announcing a categorical practice of rejecting plea agreements containing appeal waivers during ongoing negotiations, which constituted impermissible judicial participation. The court also held that the district court abused its discretion by rejecting the parties' plea agreement based on a generalized policy against appeal waivers rather than a case-specific, individualized assessment. The decision clarifies that Rule 11 absolutely prohibits judicial comments on hypothetical plea agreements, and that district courts must articulate sound, case-specific reasons when rejecting plea agreements, not merely abstract policy objections.

Questions Presented

1. Whether the district court violated Rule 11 of the Federal Rules of Criminal Procedure by participating in plea negotiations when it expressed its disapproval of appeal waivers during a pretrial hearing.
2. Whether the district court abused its discretion by rejecting the plea agreement based on a categorical policy against appeal waivers rather than case-specific reasons.
3. Whether mandamus is the appropriate remedy.