Do cooperators working off a federal case always have get their plea agreement sealed?

First of all, plea agreements never show up on pacer. To get the plea agreement, you would have to go to the clerk's office and ask to see the file. The sealed event could indicate that the codefendant is cooperating. Or it could be unrelated to the codefendant. It could be many different things. So it is possible your codefendant is a cooperating, but I wouldn't be able to determine that from what you have said. Your attorney could contact his attorney and the prosecutor and see what they say. If he is cooperating, the prosecutor will want you to know so you will decide to plead guilty too.

The sealed pleading could be one of many documents, which may or may not be the Plea Agreement. In some districts, the Plea Agreement and the Motion for Downward Departure (USSG 5K1.1/18 USC Section 3553(e)) are filed under seal, and in other districts, they (surprisingly) are public record. However, the Plea Agreement's containing a cooperation provision does not necessarily mean that the defendant is cooperating; it is usually included so that he or she will be rewarded if he or she chooses to do so. Therefore, only the Government's filing of a Motion for Downward Departure for the defendant's benefit will definitively determine whether substantial cooperation was provided. Joshua Sabert Lowther, Esq. NATIONAL FEDERAL DEFENSE GROUP [email protected] http://www.NationalFederalDefense.com 866.380.1782

I have often seen the PSR filed as a sealed document as the next, or almost the next, docket item following a guilty plea.

There is no way to know what the sealed document is. Documents that reference a defendant's cooperation should be sealed for security purposes. However, Plea Agreements are generally not available on Pacer. The way to determine if your codefendant is cooperating is for your attorney to contact your codefendant's attorney or the AUSA prosecuting the case. Knowing whether your codefendant is cooperating can be important in making your decision as to whether you will plead or try your case. However, discouraging a codefendant from cooperating can subject you to enhancement or additional criminal liability.