(a) Time for Filing Objections to Presentence Investigation Report (PSR)
The Probation Office will make initial disclosure of the presentence
investigation report (PSR) to both counsel via ECF and to the defendant. The
sentencing judge will not read or otherwise consider the initial disclosure of
the presentence report or any objections thereto unless the sentencing judge
expressly states on the record or in an order that the judge has read or
otherwise considered the same. Any objections that either counsel or the
defendant may have as to any material information, sentencing classification,
sentencing guideline ranges, or policy statements contained in or omitted from
the initial disclosure of the report must be filed on ECF within 14 days after
disclosure of the report.
(b) Submission of Revised PSR
The probation officer must conduct any further investigation and make any
revisions to the PSR that may be necessary and must file the PSR on ECF for
delivery to the sentencing judge, to counsel for both parties, and to the
defendant no more than 77 days after the verdict or finding of guilt. The PSR
must include an addendum setting forth any objections counsel may have,
together with the submission of the officer’s comments thereon.
(c) Presentence Conference
Upon receipt of the PSR, the Court may schedule a presentence conference
with all counsel and with the probation officer present and with the defendant
if proceeding pro se. Any such conference will be conducted by telephone upon
the record but not transcribed except on specific request of counsel, for
discussion of the application of the United States Sentencing Commission
Guidelines to the case and for the identification of all remaining contested
issues. At the request of a party or on its own, the Court may hold the
presentence conference in person or by video.
(d) Disputed Issues
Except with regard to any unresolved objection made under subsection (a), the
PSR may be accepted by the Court as accurate. The Court, however, for good
cause shown, may allow objections to be raised at any time before the
imposition of sentence.
District of Maine Local Rules
(e) Modification of Time Limits
The times set forth in this rule may be modified by the Court for good cause
shown, except that the 14-day period set forth in subsection (a) may be
diminished only with consent of the defendant.
(f) Disclosure
(1) Nothing in this rule requires the disclosure of any portions of the PSR
that are not disclosable under Federal Rule of Criminal Procedure 32.
The recommendations of the probation officer as to the sentence to be
imposed may not be disclosed without the Court’s permission.
(2) The PSR must be deemed to have been disclosed to counsel and the
defendant when the report is filed on ECF.
(g) Sentencing Exhibits and Documents
Unless ordered otherwise by the assigned judge, sentencing exhibits and
documents must be submitted as follows:
(1) Motions for Cooperation Departures or Cooperation Variances.
These documents must be filed with the Court as sealed docket entries
and sealed documents 5 business days prior to the sentencing hearing.
(2) Documents in Support of Motions for Cooperation Departures
or Cooperation Variances. These documents must be submitted to
the Probation Office which must, in turn, provide them to the assigned
judge 5 business days prior to the sentencing hearing. The documents
will be returned to the Probation Office after the sentencing hearing.
(3) Sentencing Exhibits. Courtesy copies of exhibits that will be
referenced to or moved into evidence at the sentencing hearing must be
submitted to the Court 5 business days prior to the sentencing hearing
either by email to
[email protected] in PDF format
or in hard copy with an index as directed by the Court in the presentence
conference order to allow the Court time to review the proposed exhibits.
When transmitting courtesy copies of exhibits to the Court, counsel
must include the Probation Office and opposing counsel in the email.
Courtesy copies of exhibits will not be docketed or treated as the official
District of Maine Local Rules
Court exhibit. It is the responsibility of counsel to provide the Court with
marked paper exhibits at the sentencing hearing.
In cases in which a presentence conference will not be held, the docket entry
reflecting the scheduling of the sentencing hearing will reflect that courtesy
copies of sentencing exhibits to be used at sentencing must be submitted to the
Court in accordance with this rule, 5 business days prior to the sentencing
hearing.
District of Maine Local Rules
Rule 132.1 Revocation of Probation or Supervised Release
(a) Time for Filing Revocation Report
Unless otherwise ordered by the Court, the probation officer must file on ECF
a revocation report with the Court not more than 10 calendar days after either
(1) a finding of or waiver of probable cause that a violation of supervised release
or probation has been committed, in the case of an arrested defendant; or (2)
an initial appearance by a defendant who has been summonsed. When filed on
ECF, the revocation report will be disclosed to counsel for both parties and to
the defendant.
(b) Contents of the Revocation Report
The revocation report disclosed to counsel for both parties and the defendant
must contain information about the defendant’s compliance while on
supervision, sentencing options, and a dispositional recommendation. The
probation officer’s justification for the recommended disposition must be filed
on ECF and disclosed to the Court only. Objections to the revocation report will
be addressed orally at the time of the revocation hearing.
District of Maine Local Rules
