(a) through (c) Reserved
(d) Presentence Report
(1) through (3) Reserved
(4) When Made. If a defendant desires preparation of a presentence report and its review
by the court prior to entry of a guilty plea or acceptance of a plea agreement by the court,
the defendant shall execute an appropriate request and waiver.
(5) Confidentiality. Each copy of a probation department presentence report which this
court has or does make available to the United States Parole Commission, the Bureau of
Prisons, the United States Sentencing Commission or any other agency for any reason
whatever constitutes a confidential court document and shall be presumed to remain under
the continuing control of the court during the time that such presentence report is in the
temporary custody of any of those agencies. Such copy of the presentence report shall be
provided to such agency only for the purpose of enabling the agency to carry out its official
functions.
(6) Final Presentence Report. The final presentence report shall be provided to counsel for
the parties at least 14 days in advance of the sentencing date.
(e) through (h) Reserved
(i) Sentencing
(1) Sentencing Hearing.
(A) Section 5K1.1 Motions. If the government intends to file a § 5K1.1 motion for
substantial assistance, the motion must be served on all counsel and filed under seal at
least fourteen days prior to sentencing. In such event, the government must also serve
and file under seal a written statement of the nature and extent of the defendant’s
cooperation. Any motion under § 5K1.1 and the supporting written statement must
also be provided to the probation officer who has prepared the presentence report. If
the government files a § 5K1.1 motion requesting that the court depart from the
Guidelines, the defendant may file, in response, his or her version of the defendant’s
cooperation. Any such response by the defendant must be filed at least seven days
prior to sentencing and may be included in the defendant’s sentencing memorandum.
All such filings covered by this rule may be filed using the procedure specified in
General Order 12-23.
(B) Continuance of Sentencing Date. The sentencing court may continue the
Criminal Rules
sentencing date for good cause on its own or a party’s motion; or upon an email
request of a party or the U.S. Probation Office through the judge’s courtroom clerk. A
party or a U.S. Probation Officer seeking a continuance should be in a position to
advise the courtroom clerk as to whether or not the request is opposed by any party or
by the U.S. Probation Office.
(C) Acceptance of Responsibility. In the event that a defendant wishes to provide a
written statement accepting responsibility, the statement should be signed by the
defendant. The original should be provided to the U.S. Probation Office with a copy
to the United States Attorney at least 21 days prior to sentencing.
(D) Sentencing Memorandum. Counsel for the United States or for a defendant shall
serve copies of any sentencing memorandum or related documents upon the opposing
party and upon the U.S. Probation Office and file such materials at least seven days
prior to sentencing.
(E) Evidentiary Hearing. At least seven days prior to the sentencing hearing, counsel
shall inform the probation officer and Clerk’s Office whether or not an evidentiary
hearing will be requested at the sentencing and, if so, whether witnesses will be
called, who they will be, and an estimated length of the hearing.
(j) and (k) Reserved
Criminal Rules
