(a) Initial Disclosure. Upon a finding of guilt or at the conclusion of the hearing on the
petition to enter a plea, a sentencing hearing date shall be set at least eighty (80) days from
the finding of guilt or hearing on the petition to enter a plea.
(b) Presentence Interview and Presentence Report.
(1) After a finding of guilt, the Probation Officer shall give notice and a reasonable
opportunity to the defense counsel to attend any interview initiated by the Probation
Office with the defendant.
(2) The attorneys must confer with the Probation Officer during the presentence
investigation process with a view toward resolving any disputed facts or factors. All
parties must communicate in a timely manner so that errors can be corrected and
disputed issues fairly addressed.
(3) When the Presentence Report is completed, the United States Probation Office must
furnish a copy of the report to the attorneys of record. The defendant’s attorney must
review the Presentence Report with the defendant in-person. If an in-person review is
not reasonably possible, the defendant’s attorney must seek leave of court to review the
Presentence Report with the defendant by some other means.
(4) Absent an order by the Court, Presentence Reports provided to the attorneys may be
retained by them.
(c) Objections to the Presentence Report.
(1) Within fourteen (14) days after receiving the Presentence Report, the defendant’s
attorney and the attorney for the government must communicate in writing to the
Probation Office, and to each other, any objections to material information, sentencing
classifications, sentencing guideline ranges, and policy statements contained in or
omitted from the Presentence Report.
(2) After receiving objections, the Probation Officer may meet with the defendant, defense
counsel, and attorney for the government to discuss the objections. The Probation
Officer may also conduct a further investigation and revise the Presentence Report as
appropriate.
(3) Within seven (7) days of receiving the objections, the Probation Officer must disclose
to all parties any changes or unresolved factual disputes or objections to the report.
(4) At least seven (7) days prior to sentencing, the defendant’s attorney and the attorney
for the government must file (not under seal unless ordered by the Court upon motion)
with the Clerk, with a copy to the United States Probation Office and opposing counsel,
their respective “Position of the (Government or Defendant) Regarding Presentence
Report” containing only unresolved matters previously raised with all parties in
writing.
(d) Final Disclosure. The United States Probation Office must transmit to the sentencing
Judge at least seven (7) days before the sentencing date the Presentence Report with
guideline computations, an addendum indicating any unresolved factual disputes or
objections by the parties with respect to the application of the guidelines, the Probation
Officer’s recommendations on disputed matters. Such material must also be furnished to
the defense counsel and the attorney for the government.
(e) Section 3553(a) Factors. Notwithstanding limitations in plea agreements to the contrary,
by no later than three (3) days before the sentencing hearing, unless ordered otherwise by
the Court, counsel for all parties must file a statement identifying any relevant factors that
may be applicable at sentencing pursuant to 18 U.S.C. § 3553(a).
(f) Other Sentencing Filings. All other sentencing related filings must be filed by no later
than three (3) days before the sentencing hearing or as otherwise ordered or permitted by
the Court.
(g) Sentencing Hearing. The Judge, before imposing sentence, will conduct such hearing as
may be deemed necessary to resolve any disputed factors or facts and may allow the
attorney for the government and the defense attorney reasonable opportunity to comment
either orally or in writing upon the Probation Officer’s determination and on other matters
relating to the appropriate sentence.
(h) Special Assessments and Other Monetary Penalties. Absent an order from the Court,
the Clerk will not accept payments for criminal monetary penalties, including special
assessments, fines or restitution, before sentenced is imposed.
