RULE 32
DISCLOSURE OF PRESENTENCE REPORTS
(Amended January 12, 2026)
(a) Initial Disclosure of Presentence Reports
Unless otherwise ordered by the Court, the Probation Officer shall, not more than 6 weeks
after the verdict or finding of guilt, disclose the presentence investigation report, including the
worksheets utilized to calculate sentencing guideline ranges, to the defendant and to counsel for
the defendant and the government. Within 14 days thereafter, counsel shall communicate in
writing to the Probation Officer and to opposing counsel any objections they may have as to any
of the following items contained in or omitted from the report:
(i) factual inaccuracies;
(ii) other material information;
(iii) guideline calculations and sentencing ranges;
(iv) sentencing classifications;
(v) sentencing options; and
(vi) bases for variance.
(b) Revisions to Report
After receiving counsel's objections, the Probation Officer shall conduct any further
investigation and make any revisions to the presentence report that may be necessary. Any
counsel or the Probation Officer may request a meeting to discuss unresolved factual and legal
issues.
(c) Submission of Revised Presentence Report
No later than ten (10) days after the deadline for counsel’s objections, the Probation Officer
shall docket the presentence report and disclose the revised presentence report by confidential
electronic transmission to counsel for the defendant and the government. The report shall be
accompanied by an addendum setting forth any objections counsel may have made that have
not been resolved, together with the Probation Officer’s comments thereon, and shall have
attached thereto any written objections submitted to the Probation Officer pursuant to Local Rule
32(b). The Probation Officer shall certify that the contents of the report, including any revisions
to the report, have been disclosed to the defendant and to counsel for the defendant and the
government, that the content of the addendum and the Probation Officer’s comments on
unresolved issues have been communicated to counsel, and that the addendum fairly states any
remaining objections.
(d) Objections to Revised Presentence Report
Except with regard to any objection made under subdivision (a) that has not been resolved,
the final presentence report may 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.
(e) Scheduling Order
In accordance with Fed. R. Crim. P. 32(b)(2), the Court shall issue a scheduling order that
sets the following deadlines for the sentencing process, with all dates calculated from the date of
guilty plea or guilty verdict:
Initial disclosure of the presentence report: Day 42
Objections to the presentence report: Day 56
Disclosure of revised presentence report: Day 66
Defendant’s sentencing memorandum: Day 70
Government’s sentencing memorandum: Day 77
Any reply sentencing memorandum (optional): Day 80
Sentencing: Day 84
The Court may postpone issuance of a sentencing scheduling order under this Rule for good
cause. In cases in which the parties have agreed that an extended schedule is necessary, and
the Court has agreed to postpone issuance of a sentencing scheduling order accordingly, the
deadlines set forth above shall be calculated from the date the Court orders the preparation of
the presentence report.
(f) Modification of Time Limits
The times and sequence for the filing of sentencing memoranda set forth in this Rule may be
modified by the judge to whom the case is assigned. The times set forth in this Rule may
otherwise be modified by the Court for good cause shown, except that the 6 week period set
forth in subsection (a) may be enlarged only with the consent of the defendant. If a party
proposes that sentencing be continued beyond 84 days for any reason, that proposal shall be
accompanied by a proposed scheduling order establishing dates for initial disclosure of the
presentence report, objections by counsel, disclosure of the revised report, sentencing
memoranda and responsive sentencing memoranda. In any case in which the Court does not
issue an order for preparation of a presentence report at the time of the guilty verdict or guilty
plea, the Court may establish a report date at which time counsel must report back to the Court
as to the status of the case. At the report date, the Court can consider whether to set a
sentencing date and enter a scheduling order pursuant to Local Rule 32(e) or set another report
date.
(g) Non-disclosable Information
Any information that the Probation Officer believes, consistent with Fed.R.Crim.P. 32(d)(3),
should not be disclosed to the defendant (such as diagnostic opinions, sources of information
obtained upon a promise of confidentiality, or other information the disclosure of which might
result in harm, physical or otherwise, to the defendant or other persons) shall be submitted on a
separate page from the body of the report and marked “confidential.” The sentencing Judge in
lieu of making the confidential page available, exclusive of the sentencing recommendation, shall
summarize in writing the factual information contained therein if it is to be relied on in
determining the sentence. The summary may be provided to the parties in camera. The Judge
must give the defendant and defendant's counsel a reasonable opportunity to comment on the
information. Nothing in this Rule requires disclosure of portions of the presentence report that
are not disclosable under Fed.R.Crim.P. 32.
(h) Date of Disclosure
The presentence report shall be deemed to have been disclosed when docketed through the
CM/ECF system which will generate a Notice of Electronic Filing to counsel for the defendant,
counsel for the government, and the sentencing judge. Once docketed, the Probation Officer
shall provide copies of the sealed presentence report by confidential electronic transmission to
counsel for the defendant and the government.
(i) Limitations on Disclosure by the Government and the Defense
Disclosure of the presentence report is made to the government and to the defense, subject
to the following limitations:
1. The attorney for the government shall not disclose the contents of the presentence report
to any person other than to the case agent, experts or consultants hired by the government and
to the Financial Litigation Unit of the United States Attorney's Office when a fine, assessment or
order of restitution is imposed.
2. The attorney for the defendant shall not disclose the contents of the presentence report
to any person other than the defendant or experts or consultants hired by the defense. The
defendant shall not disclose the contents of the presentence report to any person other than his
or her attorney and spouse.
3. The defendant or his or her attorney may take notes regarding the contents of the
presentence report; however, such notes are subject to the same prohibition against disclosure
as applies to the report itself.
4. The defendant and the attorney for the defendant and the government may retain their
copies of the presentence report, subject to the same limitations on disclosure set forth in this
rule.
5. Nothing in this rule shall limit the authority of any detention facility or prison to impose
restrictions on the receipt or handling of any presentence report within the facility.
The presentence report shall remain a confidential Court document, disclosure of which is
controlled by the Court. A violation of any of the above conditions shall be treated as a contempt
of Court and may be punished by any appropriate sanction, including action by the Grievance
Committee pursuant to Rule 1 of these Local Rules of Criminal Procedure and Rule 83.2 of the
Local Rules of Civil Procedure.
(j) Disclosure to Other Agencies
1. Any copy of a presentence report which the Court makes available, or has made
available, to agencies other than the Federal Bureau of Prisons and the U.S. Parole Commission
constitutes a confidential Court document and shall be presumed to remain under the continuing
control of the Court during the time it is in temporary custody of such other agencies. Such copy
shall be lent or made available for inspection only for the purpose of enabling other agencies to
carry out their official functions and shall be returned to the Court after such use, or upon
request.
2. The following legend shall be stamped on the face of those reports lent to all agencies
except the Bureau of Prisons and U.S. Parole Commission:
CONFIDENTIAL
PROPERTY OF U.S. COURTS
SUBMITTED FOR OFFICIAL USE ONLY.
TO BE RETURNED AFTER USE.
3. Authorized agencies which may have access to a presentence report or summary thereof
include the following:
(d) United States Probation Offices outside this district.
(ii) United States Pretrial Services Officers.
(iii) The Federal Bureau of Prisons.
(iv) The United States Parole Commission.
(v) The United States Sentencing Commission.
4. The following legend shall be stamped on those reports sent to the Federal Bureau of
Prisons and United States Parole Commission:
CONFIDENTIAL
U.S. PROBATION OFFICE
5. In addition to the above, the Court may authorize disclosure of a presentence report, or a
summary thereof, with the written authorization of the defendant, to other agencies that are
currently involved in the treatment, rehabilitation or correction of the defendant such as, but not
limited to, mental or physical health practitioners, social service and vocational rehabilitation
agencies, state or county Courts or probation/parole departments, and correctional institutions.
6. For situations other than those described above, requests for disclosure shall be handled
on an individual basis by the Court, and shall be granted only upon a showing of compelling
need for disclosure in order to meet the ends of justice.
SENTENCING PROCEDURES
(k) The Role of Defense Counsel
Defense counsel shall read the presentence report prior to sentencing and review the report
with the defendant prior to submitting objections pursuant to Rule 32(a) of these Local Rules and
prior to sentencing.
Defense counsel may submit a “Defendant's Version of the Offense” to the Probation
Officer and, in that event, shall serve a copy on the attorney for the government. Subject to the
restrictions of Fed. R. Crim. P. 32 and D. Conn. L. Cr. R. 32(g), the attorney for the defendant
shall promptly make available to the attorney for the government all documents provided to the
Probation Officer that were not provided to the government in discovery, unless otherwise
excused by the Court for good cause shown.
(l) The Role of the United States Attorney
The United States Attorney or an Assistant United States Attorney may advise the Judge,
on the record or confidentially in writing, of any cooperation rendered by the defendant to the
Government. If such information is given in written form, the memorandum shall be submitted by
the U.S. Attorney and it shall be revealed to defense counsel unless the United States Attorney
or his or her assistant shows good cause for non-disclosure.
The attorney for the government shall not make any agreement with the defendant or
defense counsel regarding the information to be included in the presentence report, including the
information conveyed to the probation office in the government's version of the offense. The
attorney for the government shall state on the record at any change of plea or sentencing
proceeding the government's understanding of the amount of possible restitution based upon
consultation with, inter alia, the victim.
The attorney for the government may submit a “Government's Version of the Offense” to
the Probation Officer and, in that event, shall serve a copy on counsel for the defendant. Subject
to the restrictions of Fed.R.Crim.P. 32 and D. Conn. L. Cr. R. 32(g), the attorney for the
government shall promptly make available to the attorney for the defendant all documents that
are provided to the Probation Officer that were not provided to the defense in discovery, unless
otherwise excused by the Court for good cause shown.
(m) The Role of the Probation Officer
1. In preparing presentence reports, the Probation Officer is responsible to the Court, and is
not bound by the terms of any agreement made between the United States Attorney and the
defendant or defense counsel.
2. In connection with the preparation of the presentence report, the Probation Officer shall:
i. Consider any sentence or correctional proposals that the defendant or defendant's
counsel may suggest;
ii. Consider any specific factual and opinion evidence submitted by the defendant or
defense counsel relating to defendant's physical and mental condition;
iii. Pursuant to 18 U.S.C. § 3664(a), include in the presentence report information
concerning any damage or injury that the defendant caused to any victims of the
offense as provided in 18 U.S.C. § 3663 and results of the financial investigation
including, information concerning the defendant's ability to make restitution, and
information about the defendant's family obligations;
iv. Include the information required by Fed.R.Crim.P. 32(d), including sentencing
guideline calculations, the sentencing range, the kinds of sentences available, and an
explanation of any aggravating or mitigating factors that may warrant a variance
under 18 U.S.C. § 3553(a).
v. Notify defense counsel, in advance and without request, of any interview of the
defendant or the defendant's spouse, whether in person or by telephone, and provide
said counsel with a reasonable opportunity to attend and/or participate in the
interview.
vi. Include in the presentence report all facts known about the offense charged, as
related by both the defendant and the government;
vii. Notify defense counsel and the attorney for the government, without request, of the
availability of the presentence report as provided in Local Rule 32;
3. In regard to presentence hearings and the sentencing hearing itself, the Probation Officer
shall:
i. Attend such hearings when requested by the Judge;
ii. Consult with the Judge regarding any queries that the latter may have;
iii. Make specific sentence recommendations to the Judge when requested.
(n) Sentencing Memoranda
Counsel for the defense and the government may submit sentencing memoranda to the
Court addressing (i) any factual inaccuracy in the presentence report; (ii) the guidelines
calculations; (iii) the available sentencing options, including alternatives to incarceration; (iv) any
restitution issues; (v) any bases for variance under 18 U.S.C. § 3553(a); and (vi) any other
factual or legal issue relevant to sentencing. Any sentencing memorandum shall be filed
according to the schedule as set forth in Local Rule 32(e) unless the Court has provided other
deadlines for these memoranda by scheduling order.
Except by order of the Court, memoranda shall be double-spaced (except headings,
footnotes, and block quotes) and shall be no more than forty (40) 8 1/2" by 11" printed pages,
exclusive of pages containing a table of contents, table of statutes, rules or the like. E-filed
memoranda shall conform with the Electronic Filing Policies and Procedures. Unless otherwise
ordered by the Court, text shall appear in at least 12 point font; footnotes shall appear in at least
10 point font. Any motion seeking permission to depart from these limitations shall be filed at
least seven (7) days before the deadline for the filing of the memorandum at issue. A motion for
permission not in compliance with this Rule will ordinarily be denied.
(o) Presentence Conference
In his or her discretion, the sentencing Judge, prior to the sentencing hearing, may confer
with the attorney for the government and defense counsel together (and with the Probation
Officer, when requested by the Judge):
1. To be informed of any agreement;
2. To consider questions regarding the presentence report;
3. To define contested issues in the presentence report and, in the discretion of the
Judge, establish an appropriate procedure for resolving material factual disputes;
4. To evaluate the significance of data in the presentence report on the issue of
whether the data would support a determination to impose probation, home
confinement, community confinement, intermittent confinement, or incarceration;
5. To consider the appropriateness of further study of the defendant, including
psychiatric evaluation and/or presentence diagnostic commitment to a
correctional facility;
6. To review the extent and value of defendant's cooperation with authorities; and to
7. To consider any other matters deemed appropriate or necessary by the Judge.
(p) Confidentiality of Communications to Sentencing Judge
In his or her discretion, the sentencing Judge may hold in confidence any oral or written
communication directed to any judicial officer regarding any matter relating to sentencing, any
matter relating to a motion filed pursuant to Rule 35, Fed.R.Crim.P., and any inquiry from a
defendant or other person relating to the status of the defendant, the defendant's custodial
conditions, or the defendant's probation or parole. This Rule shall apply whether such
communications are made before, during or after sentencing or the making of a motion pursuant
to Rule 35, Fed.R.Crim.P. The sentencing Judge may also hold in confidence any
communication made at any time by the United States Probation Officer assigned the case.
(q) Binding Plea Agreements
The Court may accept a plea of guilty offered by a defendant pursuant to Fed.R.Crim.P.
11(c)(1)(C). The plea agreement shall be reduced to writing and submitted to the Court for its
approval. The agreement may provide for a specific sentence or an applicable Guideline
sentencing range. The Court may accept or reject the agreement, or may defer its acceptance
or rejection until there has been an opportunity to consider the presentence report. If the Court
accepts the agreement it shall inform the defendant that it will embody in the judgment and
sentence the disposition provided for in the plea agreement or will impose a sentence within the
agreed upon range. If the court rejects the plea agreement, it shall inform the parties of this fact
on the record; advise the defendant personally in open court or, on a showing of good cause, in
camera, that the court is not bound by the agreement; afford the defendant the opportunity to
then withdraw the plea; and advise the defendant on the record that if the defendant persists in a
guilty plea or plea of nolo contendere, the disposition of the case may be less favorable to the
defendant than that contemplated by the plea agreement.
