IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INRE: )
)
Local Rule 8 of the Time Limits )
and Procedures for Achieving )
Prompt Disposition of )
Criminal Cases )
ORDER
WHEREAS, Rule 32 of the Federal Rules of Criminal Procedure is amended effective
June 1,2011;
Now, therefore, this 2~J- day of ----ld ~ , 2011,
IT IS ORDERED that Local Rule 8 of the Time Limits and Procedures for Achieving
Prompt Disposition of Criminal Cases, adopted by this Court on December 3, 1987, and
amended on December 6, 1994, is amended to read as follows:
8. Sentencing
(a) Date of Sentencing. Unless the Court directs that the sentence be
imposed on an earlier date, sentencing will occur not less than 100 calendar days
following a defendant's plea of guilty or nolo contendere, or upon being found
guilty.
(b) Presentence Investigation and Reports.
(1) A presentence investigation may be commenced prior to a
Plea of guilty or nolo contendere or a conviction, if a defendant and
defense counsel consent thereto in writing.
(2) Not more than fifty (50) calendar days prior to the date set
for sentencing, the probation officer shall disclose the presentence
investigation report to the defendant, defendant's counsel, and the
attorney for the government. The presentence report shall be
deemed to have been disclosed to a party when a copy of the report is
electronically sent to the party's counsel, at the email address on file with
the u.s. District Court Clerk's Office. Unless otherwise directed by the
court, the probation officer's recommendation for sentence will not be
disclosed to the parties or made part of the public record.
(3) Within fourteen (14) calendar days after receiving the
presentence report, counsel for the parties shall communicate in writing to
the probation officer, and to each other, any objections as allowed under
Fed.R.Crim.P.32(f)(1). Likewise, counsel shall notify the probation
officer in writing within the aforesaid time limits if they have no
objections to the presentence report. In the absence of good cause, any
objection not submitted within the time limits herein shall be waived.
(4) After receiving the objections of counsel, the probation officer
may conduct any further investigation and make any revisions to the
presentence report as consistent with and authorized by Fed.R.Crim.P.
32(f)(3).
(5) No later than twenty (20) calendar days before the sentencing
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hearing, the probation officer shall submit the final draft of the presentence
report to the parties.
(6) No later than fourteen (14) calendar days before the sentencing
hearing, any Sentencing Memorandum seeking departure from the
Sentencing Guidelines or raising 3553 variance claim shall be filed
directly with the Court. The submission of the Sentencing Memorandum
may be filed under Seal only with the prior approval of the Court.
If a party believes that the resolution of any departure or variance
motion requires an evidentiary hearing, it shall so notify the Court in
writing at the time the motion (or its response, if the hearing is
requested by the responding party) is submitted to the Court. If a
party believes that the resolution of an objection to the presentence
report requires a hearing, it shall so notify the Court in writing no
later than (14) days before the sentencing hearing.
(7) No later than eight (8) days prior to the sentencing hearing, any
response to the Sentencing Memorandum by the opposing party shall be
filed with the Court.
(8) No later than five (5) days prior to the sentencing hearing, the
probation officer shall submit presentence report, with the
Recommendation, to the Court. The report shall contain an addendum
setting forth any objections made by defendant's counselor the
government that remain unresolved, together with the officer's comments
therein.
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(9) Except for the unresolved objections, as reported in the
addendum, the presentence report may be accepted by the Court as its
findings of fact.
(l0) Nothing in this rule permits disclosure of any portions of the
presentence report except as authorized by Rule 32 of the Federal Rules of
Criminal Procedure. The provisions of Fed.R.Crim.P. 32 shall apply to
any matter not covered herein.
Ch fU. . DistrictJudge
The Honorable Gregory M. Sleet
uit:tJ~---
The Honorable Sue L. Robinson
<
U.S. District Judge
The Honorable Leonard P. Stark
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