Factual Basis definition
Examples of Factual Basis in a sentence
The decision whether any public statement by any such person contradicting the facts contained in the Factual Basis section of this Plea Agreement was made on behalf of the defendant for the purpose of determining whether it has violated this Plea Agreement will be at the sole discretion of the United States.
If the United States determines that a public statement by any such person contradicts the facts contained in the Factual Basis section of this Plea Agreement, the United States shall so notify the defendant, and the defendant may avoid a violation of this Plea Agreement by publicly repudiating such statement(s) within five (5) business days after notification.
The defendant will be permitted to raise defenses and to assert affirmative claims in other proceedings relating to the matters set forth in the Factual Basis section of this Plea Agreement provided that such defenses and claims do not contradict, in whole or in part, the facts contained in the Factual Basis section of this Plea Agreement.
The defendant expressly agrees that it will not, through current or future attorneys, directors, officers, employees, agents, or any other person authorized by the defendant to speak on its behalf, make any public statement, in litigation or otherwise, contradicting the acceptance of responsibility by the defendant set forth above or the facts contained in the Factual Basis section of this Plea Agreement.
The defendant agrees that the Plea Agreement in its entirety, including the Factual Basis, is admissible against the defendant in any criminal proceeding as affirmative evidence of the Defendant’s guilt.
The decision whether any public statement by any such person contradicting a fact contained in the Information or Factual Basis section of this Plea Agreement was made on behalf of the Defendant for the purpose of determining whether it has violated this Plea Agreement will be at the sole discretion of the United States.
Donald Ray Morgan, Factual Basis, Case 1:14-cr-414-1, United States District Court for the Middle District of North Carolina, 2014.
The Factual Basis portion of Exhibit A references detailed information about the Facility.
If the United States determines that a public statement by any such person contradicts in whole or in part a statement contained in the Information or Factual Basis section of this Plea Agreement, the United States shall so notify the Defendant, and the Defendant may avoid a violation of this Plea Agreement by publicly repudiating such statement(s) within five (5) business days after notification.
Justin Nojan Sullivan, Factual Basis, Case No. 1:16-cr-05- MR-DLH, United States District Court for the Western District of North Carolina, 2016, p.9. 330 Michael Gordon, First American ISIS Convert in Custody, Justin Sullivan, to Face the Death Penalty, Charlotte Observer, March 18, 2016.