(a) Scheduling
Unless otherwise ordered, imposition of sentence will be scheduled approximately 90
days after the entry of a guilty plea or a guilty verdict.
(b) Draft Presentence Report
The draft presentence report will be disclosed to counsel not less than 42 days prior to the
sentencing date.
(c) Final Presentence Report
The final presentence report will be disclosed to counsel not less than 21 days prior to the
sentencing date.
Local Criminal Rules for the District of Alaska
Updated October 15, 2025
Page 6
(d) Confidential Recommendation
Unless otherwise ordered, the confidential sentencing recommendation accompanying the
presentence report is to be disclosed to counsel concurrently with the disclosure of the
final presentence report.
(e) Sentencing Memoranda
(1) Not less than 7 days before the sentencing hearing, each party must file with the
court and serve on opposing counsel and the probation officer a sentencing
memorandum.
(2) Not less than 3 days before the sentencing hearing, each party may reply to the
opposing sentencing memorandum addressing any factual or legal disputes.
(3) The sentencing memorandum must not include any reference, direct or indirect, to
either the existence or nonexistence of a cooperation agreement, if any, between the
defendant and the government.
(4) The sentencing memorandum must:
[A] indicate if there is no disagreement with the presentence report;
[B] indicate whether or not it is contended that a sentence within the Sentencing
Guideline range is reasonable;
[C] cite all controlling authority relevant to disputed guideline issues;
[D] address whether the sentence shall run concurrently or consecutively to any
state sentence or matter; and
[E] may be supported by declarations, letters, and other documents as appropriate.
(f) Sentencing Memorandum Addendum
Concurrent with the filing of its sentencing memorandum and reply, each party must file a
“Sentencing Memorandum Addendum” under seal.
(1) If the criminal defendant has agreed to cooperate, the Sentencing Memorandum
Addendum must include any relevant or pertinent discussion of the cooperation
agreement, including its effect on the sentence to be imposed.
(2) If the parties have not entered into a cooperation agreement, the Sentencing
Memorandum Addendum must indicate that there is no cooperation agreement.
(g) Sentencing Factors
(1) If counsel intends to argue that the court should find an upward or downward
departure from the sentencing guidelines, the sentencing memorandum must include:
[A] the grounds for departure;
[B] the citation of the statute or guideline supporting the departure; and
[C] the justification for the recommended departure.
Local Criminal Rules for the District of Alaska
Updated October 15, 2025
Page 7
(2) If the government moves to depart on the basis that the defendant has provided
substantial assistance in an investigation or prosecution, the government’s motion:
[A] is to be included in the Sentencing Memoranda Addendum; and
[B] must make a specific recommendation of the extent to which the departure
should be made and the reasons that justify the departure.
(3) The sentencing memoranda shall discuss the factors to be considered in imposing
sentence, pursuant to 18 U.S.C. § 3553(a).
(h) Evidentiary Hearing
If a party deems an evidentiary hearing to be necessary, not later than concurrently with
the filing of the Sentencing Memorandum under subsection (e), but as a separate
document:
(1) a motion for an evidentiary hearing must be filed on expedited consideration; and
(2) the motion must include:
[A] the nature and extent of the evidence, and
[B] an estimate of time necessary for the hearing.
(i) Duties of Counsel
Defense counsel must review both the draft presentence report and the final presentence
report with the defendant(s).
