No district or division shall make any settlement, together with any agreement not to prosecute, which purports to bind any other district or division with out the approval of the United States Attorney in every affected district and/or the suitable Assistant Attorney General . The Commission has recognized these bases for departure which are commonly justified. Accordingly, before the government may seek a departure primarily based on a factor aside from one set forth in Chapter 5, Part X, approval of the United States Attorney, applicable Assistant Attorney General, or designated supervisory official is required. This approval is required whether or not or not a case is resolved via a negotiated plea. However, there will be circumstances in which common sense would lead a prosecutor to conclude that a strict software of the above charging coverage isn’t warranted.
These components are set forth in 18 U.S.C. § 3553, and are …