(a) Not less than 28 days prior to the date set for the sentencing, the probation officer shall
disclose the initial presentence report to the defendant and the prosecution. Within 14
days thereafter, counsel shall communicate to the probation officer any objections they
may have as to any material information, sentencing classifications, sentencing guideline
ranges, and policy statements contained in or omitted from the report. Such
communication may be oral or written, but the probation officer may require that any oral
objection be promptly confirmed in writing.
(b) After receiving counsels' objections, the probation officer shall conduct any further
investigation and make any revisions to the presentence report that may be necessary.
The officer may require counsel for both parties to meet with the officer to discuss
unresolved factual and legal issues.
(c) Not less than 7 days prior to the date of the sentencing, the probation officer shall submit
the final presentence report to the sentencing judge. The report shall be accompanied by
an addendum setting forth any objections counsel may have made that have not been
resolved in the report, together with the officer's comments thereon. The probation
officer shall certify that the contents of the final presentence report have been disclosed to
the defendant and to counsel for the defendant and prosecution, that the addendum has
been communicated to counsel, and the addendum fairly states any remaining objections.
(d) A hearing shall be held not more than 7 days prior to the date of sentencing to resolve any
disputed issues of fact, and to gather any other information the Court finds to be relevant
to the sentencing guideline calculation. The Court may consider any reliable information
presented by the probation officer, the defendant, or the prosecution.
(e) When necessary to make consistent findings as to the role of each defendant in a multiple
defendant case, the Court may, in lieu of or in addition to the evidentiary hearing
authorized for by subsection (d), convene a joint evidentiary hearing on the same or other
appropriate date.
(f) To the extent that the final presentence investigation report is undisputed by the parties, it
may be accepted by the Court as accurate. The Court, however, for good cause shown,
may allow a new objection to be raised any time before the imposition of sentence. The
Court shall ensure that the probation officer and the other party has ample notice of the
objection and an opportunity fairly to rebut or support the assertion.
(g) Any of the time periods set forth in this Rule may be modified by the Court on its own
motion, or at the request of a party or the probation officer for good cause shown, and the
Court may direct that the evidentiary hearing provided for in subsection (d) shall be held
on the sentencing date. However, the 14-day period set forth in subsection (a) may be
diminished only with the consent of the defendant.
(h) Nothing in this Rule requires the disclosure of any portions of the presentence report that
are not disclosable under Rule 32 of the Federal Rules of Criminal Procedure.
(i) The presentence report shall be deemed to have been disclosed (1) when a copy of the
report is physically delivered, (2) one day after the report's availability for inspection is
orally communicated, or (3) three days after a copy of the report or notice of its
availability is mailed.
