Published on: Wednesday, October 1, 2014

In a memo dated September 24, 2014 - Guidance Regarding § 851 Enhancements in Plea Negotiations - Attorney General Eric Holder directed all federal prosecutors that such enhancements "should not be used in plea negotiations for the sole or predominant purpose of inducing a defendant to plead guilty."  Also, at least one news report indicates that Holder may issue additional memos, including one announcing that federal prosecutors will no longer request that defendants waive their right to appeal for ineffective assistance of counsel when pleading guilty: "Government Rethinks Waivers With Guilty Pleas" (Wall Street Journal, September 26, 2014).