Page:United States Statutes at Large Volume 89.djvu/431

 PUBLIC LAW 9 4 - 6 4 ^ J U L Y 31, 1975

89 STAT. 371

" (a) ISSUANCE.—Upon the request of the attorney for the government the court shall issue a w a r r a n t for each defendant named in the information, if it is supported by oath, or in the indictment. The clerk shall issue a summons instead of a w a r r a n t upon the request of the attorney for the government or by direction of the court. Upon like request or direction h e shall issue more than one w a r r a n t or summons for the same defendant. H e shall deliver the w a r r a n t or summons to the marshal or other person authorized by law to execute o r serve it. I f a defendant fails to appear in response to the summons, a w a r r a n t shall issue.". (5) Rule 11 (c) is amended to read as follows: Pleas. " (c) ADVICE TO DEFENDANT.—Before accepting a plea of guilty or

nolo contendere, the court must address the defendant personally in open court and inform h i m of, and determine t h a the understands, the following: " (1) the n a t u r e of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; and " (2) if the defendant is not represented by an attorney, t h a the has the r i g h t to be represented by an attorney a t every stage of the proceeding against him and, if necessary, one will be appointed to represent h i m; and " (3) that he has the r i g h t to plead not guilty or to persist in that plea if it has already been made, and that he has the right to be tried by a j u r y and at that trial has the right to the assistance of counsel, the r i g h t to confront and cross-examine witnesses against him, and the r i g h t not to be compelled to incriminate himself; and " (4) that if h e pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a t r i a l; and " (5) that if he pleads guilty or nolo contendere, the court may ask him questions about the offense to which he has pleaded, and if he answers these questions under oath, on the record, and in the presence of counsel, his answers may later be used against h i m in a prosecution for perjury or false statement.". (6) Rule 11 (e)(1) is amended to read as follows: " (1) IN GENERAL.—The attorney for the government and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the attorney for the government will do any of the following: " (A) move for dismissal of other charges; or " (B) make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that such recommendation or request shall not be binding upon the c o u r t; or " (C) agree that a specific sentence is the appropriate disposition of the case. The court shall not participate in any such discussions.". (7) Rule 11 (e)(2) is amended to read as follows: " (2) NOTICE o r S U C H A G R E E M E N T. — I f a plea agreement has been

reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, a t the time the plea is offered. Thereupon the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report.".

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