(a) Time of Sentencing. The sentencing hearing shall be scheduled no
earlier than seventy-five (75) days following entry of a guilty plea or nolo
contendere plea or a verdict of guilty, except as otherwise agreed to by the
parties or ordered by the Court.
(b) Presentence Report. Prior to sentencing, the United States Probation
Office (Probation Office) shall prepare a Presentence Investigation Report (PSR)
in compliance with Fed. R. Crim. P. 32. In order to provide adequate time for
the Probation Office to prepare the PSR, to disclose the PSR to the parties, to
review and respond to the presentence submissions filed by the parties, and to
comply with such other and further procedures contemplated by the Sentencing
Guidelines and this Criminal Local Rule, the Probation Office and counsel for
the parties shall cooperate to complete the following mandatory steps in the
sentencing process:
(1) They shall ensure that a copy of any plea agreement, including the
government’s position with regard to whether the Defendant should receive
the benefit of timely acceptance of responsibility, is provided to the Probation
Office and the Court no later than the date of the guilty plea;
(2) The PSR, including guideline calculations, shall be completed and posted
to CM/ECF for retrieval by the parties at least thirty-five (35) days prior to
the scheduled sentencing hearing, unless the period is waived by the
Defendant or the Court orders otherwise. It shall be the responsibility of
counsel for the parties to contact the Clerk for assistance in obtaining access
to CM/ECF should a problem arise in retrieving the PSR. It shall be defense
counsel’s responsibility to discuss the contents of the PSR with the Defendant
prior to filing his or her position with respect to sentencing factors. The PSR
shall be disclosed only to defense counsel, for disclosure to the Defendant, and
the attorney for the government;
(3) If a party reasonably disputes sentencing factors or facts material to
sentencing, or seeks the inclusion of factors or facts material to sentencing in
the PSR, it is the obligation of the complaining party to seek administrative
resolution of such factors or facts through contact with opposing counsel and
the Probation Office prior to filing their positions with respect to sentencing
factors. Disputed factors or facts material to sentencing should be resolved, if
possible and practicable, through informal procedures, including telephone
conferences. A more formal presentence conference, to be attended by both
parties and to be coordinated by the Probation Office, is mandatory if
disputed factors or facts cannot be resolved informally and, in the opinion of
the Probation Office, such a conference is necessary and might be productive
in resolving disputed factors or facts;
(4) Fourteen (14) days before the sentencing hearing, counsel for the
Defendant and the government shall each file a written pleading entitled,
“Position of the (United States) (Defendant) with Respect to Sentencing
Factors.” This pleading either should state that the party adopts the PSR or
should detail the party’s position as to any disputed factors or facts, including
application of the guidelines or any alleged inaccuracies, and should cite the
numbered paragraph(s) in the PSR in which the facts or factors are located.
In the event a Defendant challenges one of the factual bases for his or her
sentence as set forth in the PSR, the burden to establish the disputed fact
remains on the United States, but when any party disputes factors or facts in
the PSR, their pleading should state what evidence, including written
submission(s) or witness(es), if any, the aggrieved party wishes to present at
the sentencing hearing. This pleading must also include a written statement
certifying that the party has conferred with opposing counsel and the
Probation Office in a good faith effort to resolve any disputed matters;
(5) Counsel for the parties shall confer no later than ten (10) days prior to the
scheduled sentencing hearing with respect to the anticipated length of the
hearing and the number of witnesses to be called. If either party reasonably
anticipates that the sentencing hearing will exceed thirty (30) minutes, that
party shall file a notice no later than seven (7) days prior to the sentencing
hearing. The notice shall advise the Court of the number of witnesses to be
called and the estimated time required for the sentencing hearing;
(6) The Probation Office shall file under seal the PSR, including guideline
computations, an addendum indicating any unresolved factual disputes or
objections by the parties with respect to the application of the guidelines or
alleged inaccuracies in the PSR, and the sentencing recommendation. The
Probation Office shall also file under seal any revisions to the PSR and the
addendum for retrieval by the parties. This information is to be produced for
review by the sentencing Judge no later than seven (7) days before the
sentencing hearing; and
(7) The presentation during the sentencing hearing will pertain only to those
factors or facts important to the sentencing determination, or pertaining to
any alleged inaccuracies in the PSR as set out in the pleading entitled
“Position of the (United States) (Defendant) with Respect to Sentencing
Factors.” Except with regard to any objections made under Local Criminal
Rule 32(b)(4) that have not been resolved, the report of the PSR shall be
accepted as accurate. The Court, however, for good cause shown, may allow a
new objection to be raised at any time before the imposition of sentence.
(c) Motions for Downward Departure. Any motion for downward
departure pursuant to U.S.S.G. § 5K1.1 shall be filed no later than twenty-four
(24) hours before the sentencing hearing. The motion should state the amount
of recommended departure from the guideline range.
(d) Confidentiality of Presentence Reports. Confidential records of this
Court maintained by the Probation Office, including presentence investigation
reports and probation supervision records, may not be disclosed except upon
written petition to the Court establishing with particularity the need for
specified information contained in such records. No disclosure shall be made
except upon Court order. This Rule must not be construed to deny the subject of
any presentence report, and/or the subject’s counsel, the right to review such
presentence report without consent of the Court.
(e) The contents of a presentence report that must be disclosed pursuant to
Fed. R. Crim. P 32(e) shall not include the probation officer’s recommendation
on the sentence.
VIII. SUPPLEMENTARY AND SPECIAL PROCEEDINGS [Reserved]
IX. GENERAL PROVISIONS
