- that in all cases, prosecutors must individually evaluate the unique facts and circumstances and select charges and seek sentences that are fair and proportional based upon this individualized assessment.
- § 851 enhancement should not be used in plea negotiations for the sole or predominant purpose of inducing a defendant to plead guilty.
- Whether a defendant is pleading guilty is not one of the factors enumerated in the 851 charging policy.
- A practice of routinely premising the decision to file an § 85 1 enhancement solely on whether a defendant is entering a guilty plea . . . is inappropriate and inconsistent with the spirit of the policy.
Here is the "I meant what I said the first time" memo. And here is what he said the first time, the August 12, 2013, memo.