The prosecutor may agree to stipulate that there was no such prior drug felony, that the offense less than the threshold amount of drugs, or that the offender played no such supervisory role in exchange for a guilty plea.
If fact bargaining is acceptable, then the entire moral and intellectual basis for the Sentencing Guidelines is rendered essentially meaningless.
"[2] Judges rarely overturn stipulations reached by fact bargaining.
[3] In some cases, "creative" plea bargains are reached in which the defendant pleads guilty to a totally different lesser crime.
An example would be a robbery suspect pleading guilty to copyright violation.