In all cases that are set for sentencing on a conviction for an offense, which occurred after
November 1, 1987, the provisions of Fed. R. Crim. P. 32(b) and the following procedure apply
unless the court orders otherwise:
(a) Unless waived by the defendant, the probation officer must furnish the
presentence investigation report referenced in Fed. R. Crim. P. 32 to the
defendant, the defendant’s attorney, and the Attorney for the United States at least
35 days before the sentencing hearing.
(b) The parties must communicate in writing to each other and to the probation
officer within 14 days after receiving the presentence investigation report any
objections to the presentence investigation report that will affect the probation
officer’s recommendation to the court. After receiving the objections, the
probation officer may meet with the parties and revise the report before
submitting it to the court. If a party later raises an objection that had not been
identified as required by this subsection, the court may determine that this failure
constitutes good cause to continue the sentencing hearing.
(c) The presentence investigation report and any addendum or revision must be
submitted to the court at least seven business days before the sentencing hearing.
All revisions and addenda must be provided to the parties.
(d) Any sentencing memorandum addressing unresolved objections to the
presentence investigation report or other sentencing issues must be filed and
served on opposing attorneys and the United States Probation Office at least five
business days before the sentencing hearing, and any response to the sentencing
memorandum must be filed and served at least three business days before the
sentencing hearing.
(e) For purposes of this rule, a “business day” is any day that is not a Saturday,
Sunday, legal holiday, or other day for which the Chief Judge has closed the
courthouse in which the action is pending.
(f) Any motion for a forfeiture order must be filed and served on opposing attorneys
no later than 28 days before the sentencing hearing, any response must be filed
and served within 14 days from the date of service of the forfeiture motion, and
any reply brief may be filed and served within seven days from the date of the
service of the response.
