A. Sentencing Motions. Unless otherwise permitted by the court, any request
that the court depart or vary from the advisory United States Sentencing
Guidelines range, either upward or downward, must be asserted in a written
motion stating with particularity the basis for the requested departure or
variance. A motion for departure or variance may be joined with a party's
sentencing memorandum.
B. Confidential Sentencing Documents. Whether filed by the U.S. Probation
Office or by the parties, documents relating to the sentencing process are
confidential and must not be distributed beyond the court and counsel
unless otherwise ordered by the court. Pretrial services reports and related
documents are also subject to these restrictions. Counsel or an employee of
counsel must review confidential pretrial services and sentencing documents
with their clients but may not provide copies to their clients. Clients may not
review these documents unless counsel or an employee of counsel is present
to ensure that the documents are not copied, photographed, retained, or
removed. These documents include, but are not limited to, presentence,
supplemental or predisposition reports; objections to such reports;
addendums to such reports; letters of support; victim impact statements;
evaluations; written allocution statements; and Rule 35 or U.S.S.G. 5K1.1
motions and materials.
2/28/2025
C. Procedure. After a guilty plea has been accepted or a guilty verdict is
received, a sentencing date will be set. Unless otherwise ordered, the
following deadlines apply:
1. The Probation Office must file the draft presentence report in CM/ECF
using the Draft Presentence Report event no later than 35 days before
sentencing.
2. After the draft presentence report is filed, the parties will have 14 days
to file and serve objections. Objections must be filed by counsel in
CM/ECF using the Objections to Presentence Report event. If counsel
has no objections, counsel must so indicate by using the Notice of No
Objections to Presentence Report event.
3. The Probation Office must file the final presentencing report in CM/ECF
using the Final Presentence Report event no later than 7 days before
sentencing using the Final Presentence Report event. An addendum
setting forth any unresolved objections, the grounds for those objections,
and the probation officer’s response must be filed in CM/ECF on the
same date using the Addendum to Final Presentence Report event.
4. Counsel must file all letters of support in CM/ECF using the Sealed
Letter(s) of Support event no later than 28 days after the Draft
Presentence Report is filed.
5. All other sentencing documents must be filed no later than 7 days before
sentencing as follows.
a. Motions for departure or variance or sentencing memoranda must be
filed by counsel in CM/ECF using the appropriate events under
Other Filings/Sealed Plea & Sentencing Related Documents.
b. The filer must manually serve a copy of sealed sentencing documents
on those case participants entitled to notice under the federal and
local rules per the CM/ECF User Manual and Administrative
Procedures. None of these documents should be submitted directly
to the Probation Office or the Court.
