On June 28, 2017, then Philadelphia District Attorney R. Seth
Williams faced a twenty-nine count indictment with a potential term
of imprisonment of at least twenty years. By 1:00 a.m. the next
day, he ensured that he would serve no more than a five-year prison
term.
Williams is scheduled to be sentenced on October 24, 2017, for
one count of bribery, knowing he will receive a sentence of no more
than five years, which is far less than what he could, and perhaps
would, have received otherwise.
Defendants in federal cases facing exposure like Williams often
seek to limit or control their sentencing exposure by entering into
what is known as a (C) Plea—named after Federal Rule of
Criminal Procedure 11(c)(1)(C). Under a (C) Plea, the prosecution
and defense reach a binding plea agreement regarding a specific
sentence or sentencing range for the defendant. The potential
issue, however, is that the agreement does not become binding on
the sentencing judge until the court
