(a) Scheduling of Sentencing.
Sentencing proceedings shall be scheduled by the court at the time
of adjudication of guilt, to be heard not earlier than 60 days following
the adjudication of guilt.
(b) Time for Completion of Presentence Report.
No later than 35 days prior to sentencing, the probation officer shall
complete and disclose the presentence investigation report to the
defendant, the defendant’s attorney, and the attorney for the government.
(c) Time for Filing Objections to Presentence Report.
Within 14 days after disclosure of the presentence investigation report,
the parties shall file, in CM/ECF (access restricted to the court, the
probation office, attorneys of record for the government and for the
relevant defendant), objection(s) to the presentence report including
material information, sentencing classifications, guideline ranges, and
policy statements contained in or omitted from the report.
Alternatively, absent objections, the filed response shall affirmatively
state there no objections to the report. The court may conduct a show
cause hearing and/or disallow objections in any case where such
objections are not timely filed.
(d) Procedure for Resolving Objections to Presentence Report.
After receiving objections from the parties, the probation officer shall
conduct such further investigation as may be necessary. The probation
officer shall confer with the p a r t i e s to discuss and attempt to resolve
contested issues. Thereafter, the probation officer shall make such
revisions to the presentence investigation report as the probation officer
deems appropriate. Unresolved contested issues, including a summary
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of the grounds for the objections, and the probation officer’s comments
on them, shall be contained in an addendum to the presentence
investigation report. The defendant and the government may each file
a memorandum with the court explaining their respective positions on
the unresolved objections. Any such memorandum must be served
on t h e opposing party and the probation office.
(e) Time for Filing Revised Presentence Report.
The revised presentence investigation report and addendum shall be
disclosed to the judge, the defendant, the defendant’s attorney, and the
attorney for the government not later than 7 days prior to the sentencing
hearing. The probation officer’s sentencing recommendation shall be
disclosed only to the judge. In the case of a juvenile, a disposition
hearing must be held no later than 21 court days after the juvenile
delinquency hearing subject to enumerated exceptions (18 U.S.C. §
5037(a)); therefore, the Local Criminal Rules with respect to time periods
for disclosure of the presentence report do not apply.
(f) Expedited Procedures where Defendant Detained.
If it appears that a defendant may be detained pending trial and sentencing
for a period of time exceeding the sentence likely to be imposed under
the guidelines, the court, upon motion by the defendant at the time of
adjudication of guilt, may direct the probation office to expedite the
sentencing timetable.
(g) Court Acceptance of Presentence Report.
The revised presentence investigation report may be accepted by the court
as accurate except as to matters set forth in the addendum which shall
be resolved as provided in Section 6Al.3 of the United States Sentencing
Commission Guidelines Manual.
(h) Service of Presentence Report.
The presentence investigation report shall be deemed to have been
disclosed upon filing the report in CM/ECF, or service, personally or via
United States mail, on an unrepresented defendant. Disclosure of the
presentence investigation report (and any subsequent revisions and
addenda thereto) to the defendant’s attorney is deemed to be disclosed to the
defendant. The defendant’s attorney must review the report with the
defendant forthwith.
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(i) Procedure at Sentencing.
Before final judgment is entered in a case, the court shall disclose to the
defendant, the defendant’s attorney, and the attorney for the government,
the court’s tentative findings of fact and interpretation of applicable
guidelines and shall afford the parties an opportunity to object to said
tentative findings of fact and interpretation of the guidelines.
(j) Receipt of Presentence Report Under Seal.
The final presentence investigation report, addendum, and probation
officer’s recommendation shall be f i l e d i n C M / E C F under seal and
shall be otherwise disclosed only upon order. Defendants and their
attorneys may retain their copies of the presentence investigation report
and addendum. In the event of post- sentencing proceedings, including
appeal, habeas corpus application, or motion for modification or
revocation of probation or supervised release, attorneys of record may,
upon request, be provided a copy of the presentence report by the
probation office.
(k) Role of the Defendant’s Attorney in Presentence Investigation.
Upon adjudication of guilt, the probation officer will initiate the
presentence investigative process. The defendant’s attorney shall advise
the probation officer attending court whether or not the defendant will
submit to an interview with the officer and whether or not the attorney
desires to be present at the interview. The attorney, if attending, and
the defendant shall make themselves available for the interview within
14 calendar days of adjudication.
(l) Disclosure of Presentence Report to Expert Witnesses and Agents.
The parties may provide a copy of the presentence report to expert
witnesses and agents. The parties are responsible for recovering the
report at or prior to sentencing. In the case of a juvenile no
information, including the presentence report, may be released except
pursuant to a court order.
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