Use of the Defendant’s Statements Sample Clauses

Use of the Defendant’s Statements. The defendant understands that the sentencing court may consider any statement that the defendant has made or makes in this Plea Agreement, during the guilty plea, to the Probation Office, and at sentencing when imposing sentence. In addition the government may be able to use the defendant’s statements in this agreement and at the guilty plea and at sentencing in any criminal, civil, or administrative proceeding. For example, if the defendant fails to enter a guilty plea (as required by this agreement) or the defendant’s guilty plea is later withdrawn or vacated for any reason other than the Court’s rejection of this Plea Agreement under Fed. X. Xxxx. P. 11(c)(5), the government may introduce the defendant’s statements into evidence in any prosecution. If, however, the Court rejects this Plea Agreement under Fed. X. Xxxx. P. 11(c)(5), and the defendant withdraws the guilty plea pursuant to Fed. X. Xxxx. P. 11(d)(2)(A), the government will not be permitted to use any of the defendant’s statements in this Plea Agreement. To the extent that Rule 11(f) of the Federal Rules of Criminal Procedure and/or Rule 410 of the Federal Rules of Evidence are inconsistent with this paragraph, the defendant waives (gives up) any protections under those rules.
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