Bartolomeo v. United States

4. Sentence Recommendation

The parties agree to recommend the following sentence:(a) Incarceration

The parties will make a joint recommendation to the Court at the Defendant's sentencing hearing that the Court depart upwards from the guideline range otherwise applicable to the Defendant and impose a sentence of 35 years' imprisonment.

Docket # 540-1, at 6. The agreement further provides:

In the event that the Court allows the parties' Joint Motion For An Upward Departure and sentences the Defendant to a 35-year term of imprisonment, the U.S. Attorney will not charge the Defendant with the…