SENTENCING PROCEDURES
(a) Availability of Proposed Presentence Report. A copy of the probation
officer's proposed presentence report, including the probation officer's recommendations,
shall be made available to the United States Attorney's Office and to defense counsel not
less than thirty-five (35) days before the date set for sentencing hearing.
(b) Informal Objections to the Report. Defense counsel shall discuss the
presentence report with the defendant. Not less than twenty-eight (28) days before the
date set for the sentencing hearing, counsel for defendant and the Government shall each
deliver to the probation officer and exchange with each other a written statement of all
objections they have to statements of material fact, sentencing classifications, sentencing
guideline ranges, and policy statements contained in or omitted from the presentence
report. After receipt of the objections, the probation officer shall conduct any further
investigation and make any necessary revisions to the presentence report.
(c) Submission to the Court. Not less than twenty-one (21) days before the
date set for the sentencing hearing, the probation officer shall submit the presentence
report, including recommendations, to the sentencing Judge and make it available to
counsel for the defendant and the Government. If the presentence report has not been
revised, counsel may be so notified and not given a new report.
(d) Formal Objections to Report. Not less than fourteen (14) days before the
sentencing hearing, counsel for the defendant and the Government shall each file and
serve on each other and the probation officer, all objections and facts in dispute to be
resolved by the Court. The objections must specifically identify each item in the report
which is challenged as inaccurate or untrue, must set forth the remedy sought (i.e.,
specified findings or the Court's agreement to disregard the disputed information), and
must set forth the reason that the contested information will affect the sentencing
guideline, departure or adjustment in the particular action. This requirement is not
satisfied by submission of the written objections to the probation officer as set forth in (b).
(e) Limitation on Objections. Except for good cause shown, no objections
may be made to the presentence report other than those previously submitted to the
probation officer pursuant to (b) and those relating to information contained in the
presentence report that was not contained in the proposed presentence report.
(f) Resolution of Disputes. Except with regard to objections not yet resolved,
the Court may accept the presentence report as accurate. In resolving any disputes
concerning the report, the Court may consider any relevant information having sufficient
indicia of reliability.
(g) Sentencing Memoranda. Before the date set for sentencing, any party may
file a written sentencing memorandum indicating the specific sentence or range a party
seeks, and whether any departure or variance is sought.
(h) Sentencing Proceedings. At the time set for imposition of sentence, if
there are no material items in dispute, the Court may proceed with the imposition of
sentence. If any material dispute remains with respect to the presentence report, the
Court shall afford the parties adequate opportunity to present arguments and information
on the matter. If the Court determines that the matter cannot be resolved without an
evidentiary hearing, the action may be continued for a reasonable period if necessary to
enable the parties to secure the attendance of witnesses and the production of documents
at the hearing.
