(a) Order for Presentence Report. The Court will impose sentences without
unnecessary delay following the completion of the presentence investigation and report. This
Court adopts the use of a uniform presentence order. The uniform presentence order shall
contain (1) the date by which the presentence report is to be made available; (2) the deadlines for
filing objections, if any, to the presentence report; (3) the deadlines for filing presentence
memoranda, recommendations and motions; and (4) a date for sentencing.
(b) Presence of Counsel. On request, the defendant's counsel is entitled to notice
and a reasonable opportunity to attend any interview that a probation officer conducts of the
defendant in the course of a presentence investigation. It shall be incumbent upon the
defendant's counsel to advise the Probation Office within two (2) days of the date that the
presentence report is ordered that counsel wishes to be present at any interview with the
defendant.
(c) Disclosure Procedures.
1. The Presentence Report is confidential and should not be disclosed to anyone
other than the defendant, the defendant's attorney, the United States Attorney and
the Bureau of Prisons without the Court’s consent except that, in cases that
involve a sex offense as a count of conviction, the Probation Office shall disclose
the Presentence Report to the New York State Board of Examiners for Sex
Offenders for purposes of its completion of a sex-offender classification level.
The disclosure shall adhere to the conditions set forth in the Memorandum of
Understanding executed between the Probation Office and the New York State
Board of Examiners for Sex Offenders.
2. a. The Probation Office will submit the initial draft of the
Presentence Report through the ECF System which will generate a notice of
electronic filing to counsel for the USA, counsel for the specific defendant, and to
the presiding judge. The Presentence Report shall be lodged, not filed, on
CM/ECF and is not available for public inspection.
b. Any objections to the Presentence Report shall be forwarded
directly to the Probation Office and shall not be filed on the docket.
c. Once finalized, the Probation Office will submit the final
Presentence Report and addendum through the ECF system which will generate a
notice of electronic filing to counsel for the USA, counsel for the specific
defendant, and to the judge. Access is restricted to counsel for the USA, counsel
for the specific defendant, the presiding judge, and the active magistrate judges.
This document is not available for public inspection.
3. The Court directs the probation officer not to disclose the probation officer's
confidential recommendation to any of the parties, except that the Probation
Officer may, at the discretion of the presiding judge, disclose the conditions of
supervision to the United States Attorney, the defendant's attorney, and the
defendant.
4. The Court admonishes all counsel that they shall adhere to the time limits set forth
in the Uniform Presentence Order to allow sufficient time for the Court to read
and analyze the material that the Court receives.
5. The Court, on motion of either party or of the probation office, may modify the
time requirements set forth in the Uniform Presentence Order subject to the
provisions of 18 U.S.C. § 3552(d).
(d) Responsibilities of the Clerk and Probation Office.
1. Within three (3) days after sentencing, the Clerk shall serve a copy of the
judgment upon the parties and the United States Marshal.
2. Copies of the Statement of Reasons that the Clerk provides to the Court of
Appeals for the Second Circuit shall include the Court's finding on unresolved
objections.
