(a) Disclosure of Report and Objections. After a defendant enters a guilty plea or after a jury
returns a guilty verdict, the court shall issue a sentencing scheduling order setting forth
the date for sentencing and deadlines for the disclosure and service of the presentence
report and written objections thereto. Unless a different time is ordered, the presentence
report shall be prepared and disclosed according to the schedule set forth below:
(1) At least 45 days before sentencing, the probation officer shall file under seal with
the court and serve on the parties a draft presentence report, unless the defendant
waives this minimum period.
(2) Within 14 days after the draft presentence report is filed, each party shall file and
serve on the opposing party a written response to the draft report. This response
shall include any and all objections to material information, the computation of
the sentencing guideline range(s), and policy statements contained in or omitted
from the report.
(3) If an objection to the draft presentence report is filed, the opposing party shall file
a reply to the objection within seven (7) days from the filing of the objection.
(4) After receiving objections, the probation officer may meet with the parties to
discuss the objections, conduct further investigation, and thereafter revise the
presentence report as appropriate.
(5) Within seven (7) days from the filing of replies to objections, the probation officer
shall file under seal with the court and serve on the parties the final presentence
report, including the probation officer’s sentencing recommendation and an
addendum containing any unresolved objections, the grounds for those objections,
and the probation officer’s comments thereto.
(6) Within seven (7) days after receiving the final presentence report and no later than
ten (10) days prior to the sentencing hearing, the parties shall each file and serve
upon the opposing party a sentencing memorandum and any motion for an
upward or downward departure along with the grounds for such departure (e.g.,
substantial assistance, aggravating or mitigating circumstances of a kind or to a
degree not adequately considered by the Guidelines, etc.).
(b) Effect of Rescheduling of Sentencing on Deadlines. Unless otherwise stated, if the
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assigned judge grants a motion to change the date for sentencing, the deadlines set forth
in the preceding subparagraph shall automatically adjust and be calculated from the new
sentencing date.
