UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
IN THE MATTER OF AMENDMENTS
TO LOCAL CRIMINAL RULE 32.2 Administrative Order No. 22-RL-079
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By administrative order entered March 17, 2022 (Administrative Order 22-RL-018), the
Court published for comment proposed amendments to Local Criminal Rule 32.2. The public
comment period closed on April 17, 2022. The Court has considered all the comments submitted,
and at a meeting on September 9, 2022, the district judges approved the proposed amendments.
Accordingly,
IT IS ORDERED that Local Criminal Rule 32.2 be and hereby is amended as set forth in
the attachment to this Administrative Order.
IT IS FURTHER ORDERED that the Clerk shall provide a copy of this Administrative
Order to the Judicial Conference of the Sixth Circuit and the official rules posted on the Court’s
website shall be amended accordingly. In addition, all attorneys registered for electronic service
on the CM/ECF system shall be given electronic notice of this rule amendment.
IT IS FURTHER ORDERED that the amendments to Local Criminal Rule 32.2 shall be
effective on January 1, 2023, for all guilty pleas or guilty verdicts entered on or after that date.
FOR THE COURT:
Dated: September 21, 2022
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
LCrR 32.2 Presentence report
32.2 Presentence report - Unless waived pursuant to Rule 32(c) of the Federal Rules of
Criminal Procedure, a presentence report must be prepared in every felony case and may be
prepared in misdemeanor cases in the court’s discretion.
1. Initial interview - The initial interview with the defendant, defendant’s counsel, and the
probation officer must be scheduled within seven (7) days of the date of the order setting
sentencing date. Counsel for the government must make available the offense conduct
information, including all relevant conduct, within seven (7) days of the date of such
order.
2. Disclosure of presentence report - At least forty-seven (47) days before the date
scheduled for sentencing, the probation officer must provide a copy of the presentence
report (except the sentencing rationale) to (1) counsel for the government, and (2) counsel
for the defendant or, where the defendant is pro se, to the defendant. The sentencing
judge may additionally direct the probation officer not to disclose the officer’s
recommendation on the sentence. Disclosure of the presentence investigation report (and
any subsequent revisions and addenda thereto) to a defense attorney is deemed to be
disclosure to the defendant. Defense counsel must provide a copy of the report to the
defendant forthwith.
3. Time of disclosure
1. To represented parties: The presentence report is deemed disclosed to counsel for
a represented defendant and to counsel for the government when it is filed
electronically by the probation officer on the CM/ECF system (access restricted to
the court, the probation office, attorneys of record for the government and for the
relevant defendant).
2. To an unrepresented party: The presentence report is deemed disclosed to a pro
se defendant when a copy of the report is physically delivered or three (3) days
after a copy of the report has been mailed. The presentence report must contain
the date of mailing.
4. Objections to presentence report - Within fourteen (14) days after disclosure of the
presentence report, each counsel or pro se defendant must file a written response to the
presentence report acknowledging disclosure and containing all objections, and
supporting reasons, to any material information, sentencing classifications, sentencing
guideline ranges, and policy statements contained in or omitted from the report.
Alternatively, the response may affirmatively state that there is no objection to the report.
Counsel for the government and for defendant must submit objections electronically by
the CM/ECF system (access restricted to the court, the probation office, attorneys of
record for the government and for the relevant defendant); the government must also
serve objections pertaining to an unrepresented defendant on that defendant alone on
paper, with proof of service. Unrepresented defendants must file their objections in
writing with the Clerk of the Court, with a proof of service on government counsel. The
clerk shall file the objections electronically by the CM/ECF system (access restricted to
the court, the probation office, and attorneys of record for the government).
5. Non-judicial resolution of objections - After receiving a timely objection, the probation
officer must promptly conduct any further investigation and make any revisions to the
presentence report that may be necessary. The probation officer may require each counsel
and pro se defendant to meet with the officer to discuss unresolved factual and legal
issues, and may request that such persons meet with each other for the same purpose.
6. Submission of presentence report - Not less than twenty-one (21) days before the date set
for sentencing, the probation officer must submit the final presentence report
electronically by the CM/ECF system (access restricted to the court, the probation office,
attorneys of record for the government and for the relevant defendant). The report will be
accompanied by an addendum setting forth any unresolved objections that counsel or
the pro se defendant may have, together with the officer’s comments thereon. The
probation officer must certify that the contents of the report, including any revisions and
the addendum, have been disclosed to counsel and any pro se defendant, and that the
addendum fairly states any remaining objections.
7. Motions for departure or variance; sentencing memoranda - Not less than 14 (14) days
before the date set for sentencing, any party seeking an upward or downward departure
under the Sentencing Guidelines or a variance based on the application of the factors set
forth in 18 U.S.C. § 3553(a), or both, must submit a separate and clearly captioned
motion seeking such relief. All sentencing memoranda, including memoranda in support
of a motion for departure or variance, must be filed by the same date. Not less than seven
(7) days before the date set for sentencing, any party may file a response to any
previously filed motion or sentencing memoranda. Counsel must submit such motions
and memoranda by the CM/ECF system and may move for leave to restrict access to the
court, the probation office, attorneys of record for the government and for the relevant
defendant, if sensitive or confidential information is contained therein. Pro se parties
must file and serve such documents in paper, with proof of service on the opposing party.
8. Judicial resolution of objections - Upon receipt of the final report and attachments, the
sentencing judge will determine the extent of any further proceedings necessary in light
of the nature of any unresolved objections. The judge may hold all objections for
resolution at the time of sentencing. In the alternative, the judge may resolve any
objections prior to sentencing and may afford the parties a reasonable opportunity for the
submission of further written objections before the imposition of sentence. Any
objections must be made in the same manner as provided for in this rule. Where the court
determines that a hearing is necessary to resolve the disputed sentencing matters, a
hearing may be held for that purpose, either on the date of sentencing or at an earlier
time.
9. Late objections - Upon a showing of good cause, the court may allow a new objection to
be raised at any time prior to the imposition of sentence.
10. Expedited procedures - The time periods set forth in this rule may be modified by the
court for good cause shown, or upon its own motion, except that in no event shall
sentence be imposed less than ten (10) days following disclosure of the presentence
report without the consent of the defendant. The parties may agree in writing or on the
record to an expedited sentencing procedure that shortens the times set forth in this rule
or abbreviates the information otherwise required in the presentence report.
11. Limitations on disclosure - Nothing in this rule requires the disclosure of any portions of
the presentence report that are not disclosable under the Federal Rules of Criminal
Procedure.
12. Relationship to Fed. R. Crim. P. 32 - This rule shall not be construed to limit any
sentencing procedure modifications permitted by Rule 32 of the Federal Rules of
Criminal Procedure.
13. Release of presentence report to other officers - The Chief Probation Officer may, in his
or her discretion, disclose a presentence report to a federal or state probation or parole
officer in connection with that officer’s conduct of official duties regarding a person
previously sentenced by this court.
Effective date last modified: January 1, 2023
