USDC DNJ
DOCUMENT
ELECTRONICALLY FILED
IN THE UNITED STATES DISTRICT COURT DOC #: ___________________
October 8, 2020
DATE FILED: _______________
FOR THE DISTRICT OF NEW JERSEY
IN RE: GUIDELINES SENTENCING : AMENDED STANDING ORDER 2020-01
It is on this 8th day of OCTOBER, 2020, on the Court's own motion, and in accordance
with Federal Rule of Criminal Procedure 32, and Title 18, United States Code, Sections 3552 and
3661,
ORDERED that the following Order shall constitute the rule for sentencing for all convictions,
whether by plea or guilty verdict, on or after March 2, 2020:
1) Following conviction, whether by plea or guilty verdict, the Court will set a schedule for
sentencing, including for the preparation of the presentence investigation report and the
parties’ submissions to the Probation Office, the filing of objections thereto and finalization
of the presentence report, and the submission of the parties’ sentencing memoranda. That
schedule can be the presumptive schedule below or an abbreviated or extended schedule
agreed upon by the parties and adopted by the Court, or in the absence of an agreement, a
schedule determined by the Court based upon the circumstances of the case.
2) Sentencing shall be set approximately 125 calendar days after the conviction, by guilty plea
or guilty verdict.
3) The Government, Defense Counsel, and the Defendant shall cooperate with the Probation
Office in the presentence investigation and preparation of the presentence report.
4) The Government shall provide the Probation Office with full access to all underlying non-
privileged investigative materials necessary and sufficient to prepare the offense conduct
section, as requested by the Probation Office. Such material may include, but is not limited
to, witness interviews, agent summaries, third-party business records, consensual
recordings, electronic surveillance, stored electronic communications, and known victim
information to include names, addresses and restitution amounts, and a narrative of the
offense conduct the Government considers relevant for sentencing. The Government shall
submit this material to the Probation Office at the time of the guilty plea but no later than
7 calendar days following the guilty plea, or no later than 14 calendar days following a
guilty verdict. To the extent additional victim information comes to light during the
presentence investigation, the Government shall disclose that information to the Probation
Office in a sufficiently timely manner as to provide adequate notice to victims, to allow
Defense Counsel to evaluate the claims of additional victims and not unduly delay
sentencing and any separate restitution hearing set by the Court.
5) Defense Counsel shall submit a completed “Worksheet for Presentence Report”
(ProbForm1) to the Probation Office at the time of the guilty plea but no later than 14
calendar days after the guilty plea or guilty verdict.
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6) Defense Counsel shall respond promptly to the Probation Office’s request to schedule the
presentence interview with the Defendant. The presentence interview must occur within 14
calendar days of the guilty plea or guilty verdict, if possible. If Defense Counsel does not
respond to the Probation Office’s request for an interview within 3 calendar days of the
request, and schedule the date for the interview, this will be interpreted as a waiver of
appearance and the Defendant will be interviewed without Defense Counsel present. If
Defense Counsel requests the presentence interview occur on the date of the guilty plea,
said request shall be made to the Probation Office at least 14 calendar days prior to the
scheduled date of the guilty plea.
7) The Defendant shall submit the necessary financial forms, including Probation Forms
48/48A and supporting financial documentation, preferably at the time of the presentence
interview and no later than 14 calendar days after the interview with the Probation Office.
8) If requested, the Government and Defense Counsel shall provide to opposing counsel
copies of any documents or materials submitted to the Probation Office, except those which
reveal personal information about victims or are subject to a protective order of the Court.
If documents or materials, including letters, are submitted directly to the Court by anyone
other than the parties, the Court shall provide copies to the Government, Defense Counsel,
and the Probation Office, on a date in advance of sentencing.
9) Not less than 60 calendar days prior to the date set for sentencing, the Probation Office
shall disclose a draft presentence report to the Government, Defense Counsel and the
Defendant. Within 7 calendar days after receipt of the draft presentence report, the
Government and Defense Counsel shall confer to determine if an agreement can be reached
concerning any objections they may have as to any material information, sentencing
classification, sentencing guideline ranges and policy or other statement contained in or
omitted from the report, including any Sentencing Guideline issues, such as relevant
conduct, adjustments, departures, and variances, as well as any other disputed issues,
including restitution.
10) Within 14 calendar days of receiving the draft presentence report, the Government and
Defense Counsel shall communicate in writing to the Probation Office and all other counsel
(unless the Court provides otherwise) any objections they may have as to any material
information, sentencing classification, Sentencing Guidelines range and policy or other
statements contained in or omitted from the report. If there are no such objections and the
parties reach an agreement concerning all Sentencing Guidelines issues, adjustments,
departures and variances, the Probation Office shall be so advised, and with the Probation
Office’s concurrence, the parties may ask the Court to accelerate the schedule set for
sentencing.
11) After receiving objections, the Probation Office may meet with the Government, Defense
Counsel and the Defendant to discuss those objections. The Probation Office may also
conduct a further investigation and revise the presentence report as appropriate.
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12) If the parties fail to submit a response to the draft presentence report in the 14-day time
frame set forth above, the Probation Office will submit the final presentence report
reflecting no objections or comments were received from the parties, and/or address any
anticipated objections. If objections are submitted by either counsel subsequent to the
submission of the final presentence report to the Court, the Court will determine whether a
formal response from the Probation Office is necessary.
13) Not less than 35 calendar days prior to the date of the sentencing hearing, the Probation
Office shall submit the final presentence report to the Court, the Government, Defense
Counsel and the Defendant. If this deadline is missed, the Probation Office shall advise
the Court in writing of the circumstances causing the delay and confer with the Court
concerning any revision of the sentencing schedule. The final presentence report shall be
accompanied by an addendum setting forth any objections counsel may have made that
have not been resolved, together with the Probation Office’s comments therein.
14) Upon receipt of the final presentence report the parties may (1) proceed according to the
schedule set forth above; (2) ask the Court to accelerate the schedule set for sentencing;
and/or (3) propose a briefing schedule with regard to the submission of sentencing
memoranda, including motions for departures and/or variances, and subject to the approval
of the Court, proceed accordingly.
15) Except with regard to any objection that has not been resolved, the final presentence report
may be accepted by the Court as its findings of fact. The Court may, in the exercise of its
discretion, schedule a separate hearing to resolve any contested issues, prior to the date of
sentencing. The sentencing hearing, including the resolution of any objections to the
presentence report, shall be conducted in conformity with Rule 32(i) of the Federal Rules
of Criminal Procedure.
16) Subject to modification of any schedule agreed upon by the parties and approved by the
Court as detailed above, not less than 20 calendar days prior to the date for sentencing, the
Government shall submit its sentencing memorandum, which shall include any motions for
departure and/or variance to the Court, Defense Counsel, and the Probation Office. The
motions for departure shall include motions based upon USSG § 5K1.1 and/or 18 U.S.C.
§ 3553(e). The sentencing memorandum shall also include any arguments concerning the
application of guideline adjustments.
17) Not less than 10 calendar days before the date of sentencing, Defense Counsel shall submit
his/her sentencing memorandum and motions for departure and/or variance to the Court,
the Government, and the Probation Office. The sentencing memorandum shall also include
any response to the Government’s departure and/or variance motions, as well as any
arguments concerning the application of guidelines, and in favor of departures and/or
variances.
18) Not less than 5 calendar days before the date of sentencing, the Government may submit
any response to Defense Counsel’s argument concerning the application of the guidelines,
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and any requests for departure and/or variances, to the Court, Defense Counsel, and the
Probation Office.
19) Absent prior order of the Court, sentencing memoranda must exclude those matters
excluded from the presentence report under Rule 32(d)(3) of the Federal Rules of Criminal
Procedure.
20) The time periods and submissions by counsel set forth in this Rule may be further modified
within the discretion of the sentencing Judge, except that the 60-day period set forth in
paragraph 9 may be diminished only with the consent of the Defendant. The Government,
Defense Counsel, or the Probation Office may also seek to modify any of the time periods
outlined in this Order for good cause shown.
21) Nothing in this Order requires the disclosure of any portions of the presentence report that
are not disclosable under Rule 32 of the Federal Rules of Criminal Procedure, and, more
particularly, pursuant to subsection (e)(3) of that Rule, unless the Court otherwise orders
in an individual case, the Probation Office shall not disclose the recommendation of the
sentence to be imposed.
22) The draft/final presentence report shall be deemed to have been disclosed on the date the
Probation Office uploads the report electronically to the Court’s Case
Management/Electronic Case Files (CM/ECF) system, pursuant to Rule 32(e)(2) of the
Federal Rules of Criminal Procedure. Defense Counsel shall provide a copy of the
draft/final presentence report to the Defendant.
23) Any and all references to counsel aforesaid are applicable to and include pro se litigants.
24) This Order amends Standing Order # 20-1 of February 3, 2020 and supersedes the Court’s
prior Standing Orders of December 1, 1994, January 28, 1999, February 11, 1999 and July
7, 2000, and shall remain in full force and effect pending further modification as deemed
necessary by the Court.
__________ _ _________
____________________ _ __
Hon. Freda L. Wolf fson
Wolfson
U.S. Chief District Judge
District of New Jersey
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