# Justice Manual § 9-16.010: Approval Required for Consent to Plea of Nolo Contendere

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-16.010

## Section

- **Citation:** Justice Manual § 9-16.010
- **Heading:** Approval Required for Consent to Plea of Nolo Contendere
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-16.000 - Pleas - Federal Rule Of Criminal Procedure 11 / Justice Manual § 9-16.010

## Text

United States Attorneys may not consent to a plea of
nolo contendere
except in the most unusual circumstances and only after a recommendation for doing so has been approved by the Assistant Attorney General responsible for the subject matter or by the Associate Attorney General, Deputy Attorney General or the Attorney General. See also
9-27.500
, Principles of Federal Prosecution, which discusses the policy of opposing pleas of
nolo contendere
except when the circumstances of the case are so unusual that acceptance of the plea would be in the public interest.

The Policy and Statutory Enforcement Unit (PSEU) of the Office of Enforcement Operations will coordinate the review of requests for approval to consent to nolo contendere pleas in matters for which the Criminal Division is responsible. Such requests should be submitted to the PSEU using a form available to Department attorneys which 1) describes the facts of the case; 2) sets out the specific statutory violations charged; 3) states the charges to which the defendant agrees to plead; 4) explains the circumstances supporting the requested consent to the plea; and 5) provides any other information that may be helpful in rendering a decision on the request. The PSEU will obtain the views of the Criminal Division section responsible for the substantive area involved in the case and will forward the request and the section's views to the Assistant Attorney General for the Criminal Division for decision.

Questions regarding this approval requirement in matters under the supervision of the Criminal Division may be directed to the Policy and Statutory Enforcement Unit of the Office of Enforcement Operations at 202-305-4023.

[updated January 2020] [cited in
JM 6-2.000
]

## Nearby sections

- [Justice Manual § 9-16.001 Legal Considerations](https://www.frixlaw.com/law-library/statutes/JM_S9-16.001.md)
- [Justice Manual § 9-16.010 Approval Required for Consent to Plea of Nolo Contendere](https://www.frixlaw.com/law-library/statutes/JM_S9-16.010.md)
- [Justice Manual § 9-16.015 Approval Required for Consent to Alford Plea](https://www.frixlaw.com/law-library/statutes/JM_S9-16.015.md)
- [Justice Manual § 9-16.020 Approval Required for Plea Agreements Involving Members of Congress, Federal Judges, Extradition, Deportation, and Air Piracy Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-16.020.md)
- [Justice Manual § 9-16.030 Investigative Agency and Victim to be Consulted](https://www.frixlaw.com/law-library/statutes/JM_S9-16.030.md)
- [Justice Manual § 9-16.040 Plea Bargains in Fraud Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-16.040.md)
- [Justice Manual § 9-16.050 Pleas by Corporations](https://www.frixlaw.com/law-library/statutes/JM_S9-16.050.md)
- [Justice Manual § 9-16.060 Miscellaneous Sections Requiring Consultation or Approval of Plea Agreements](https://www.frixlaw.com/law-library/statutes/JM_S9-16.060.md)
- [Justice Manual § 9-16.110 Plea Negotiations with Public Officials](https://www.frixlaw.com/law-library/statutes/JM_S9-16.110.md)
- [Justice Manual § 9-16.300 Plea Agreements—Federal Rule of Criminal Procedure 11(e)](https://www.frixlaw.com/law-library/statutes/JM_S9-16.300.md)
- [Justice Manual § 9-16.320 Plea Agreements and Restitution](https://www.frixlaw.com/law-library/statutes/JM_S9-16.320.md)
- [Justice Manual § 9-16.325 Guidelines and Limitations for Agreements Involving Payments to Non-Governmental Third Parties](https://www.frixlaw.com/law-library/statutes/JM_S9-16.325.md)
- [Justice Manual § 9-16.330 Plea Agreements and Waivers of Ineffective Assistance of Counsel](https://www.frixlaw.com/law-library/statutes/JM_S9-16.330.md)
- [Justice Manual § 9-16.500 Identifying Uncharged Third-Parties During Plea and Sentencing Proceedings](https://www.frixlaw.com/law-library/statutes/JM_S9-16.500.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-16.010. Check the current official text before relying on it. Not legal advice.