(a) Reserved
(b) Revocation
(1) Reserved
(2) Evidentiary Hearing
(A) Upon request by either party, the U.S. Probation and Pretrial Services Office will
provide to the U.S. Attorney’s Office and to the attorney of record for the defendant
any and all of the following materials that are in the possession of the U.S. Probation
and Pretrial Services Office prior to a scheduled evidentiary hearing:
1. Any warrants or court orders related to the alleged violation(s);
2. Any police reports or incident reports related to the alleged violation(s);
3. Any video or audio recordings related to the alleged violation(s);
4. Any photographs related to the alleged violation(s);
5. Any laboratory reports related to the alleged violation(s) and any litigation packet
prepared by the laboratory;
6. Any witness statements related to the alleged violation(s);
7. Any statements of the defendant related to the alleged violation(s);
8. Any statements or reports made by a U.S. Probation and Pretrial Services officer
related to the alleged violation(s); and
9. Upon the scheduling of an evidentiary hearing, defense counsel should provide the
U.S. Probation and Pretrial Services Office with an itemized written request for any file contents
that may be considered exculpatory. Upon receipt of this request, the U.S. Probation and Pretrial
Services Office should expeditiously request authorization to disclose this information either
from the Chief U.S. Probation and Pretrial Services Officer and/or the assigned United States
District Judge or assigned United States Magistrate Judge.
(c) Reserved
(d) Confidentiality
1. Probation or supervised release violation petitions for warrants are filed under seal
Criminal Rules
and remain sealed pending the defendant’s court appearance. Upon a defendant’s initial
appearance for the violation(s), the petition is unsealed and made publicly accessible. Petitions
for Summons are not filed under seal and are publicly accessible upon filing.
2. Violation memos for both warrant petitions and summons petitions remain court-
only documents and are not available to the public.
3. Each copy of a probation or supervised release violation memo 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 violation memo is in the temporary custody of any of these
agencies. Such copy of the violation memo shall be provided to such agency only for the purpose
of enabling the agency to carry out its official functions.
4. Except for the government and defense counsel, copies of the probation or
supervised release sentencing recommendation are not for disclosure to outside agencies.
5. Sentencing Recommendation Submission. The probation or supervised release
sentencing recommendation shall be provided to the court and counsel for the parties at least
seven days in advance of the evidentiary and/or disposition hearing. This deadline is subject to
change at the request of the presiding judge and/or the time frame in which the
evidentiary/disposition hearing is scheduled.
(e) A magistrate judge shall conduct all probation or supervised release revocation proceedings
as to a defendant originally sentenced by a magistrate judge. In revocation proceedings relating
to defendants sentenced by a district judge, initial appearances shall be conducted by a
magistrate judge, unless otherwise ordered by a district judge. In the case of an initial appearance
scheduled to take place pursuant to a summons, defense counsel shall, if possible, consult with
the defendant in advance of the hearing and shall attempt to determine whether the defendant
intends to admit the violations. If defense counsel determines that the defendant will admit the
violations, defense counsel shall notify the magistrate judge. The magistrate judge may then
strike the scheduled initial appearance and schedule a single hearing in front of the district judge
that shall also serve as both the initial appearance and the disposition hearing. If, in a hearing
before a magistrate judge, the defendant admits the alleged violation or violations, such
admission shall constitute a waiver of a revocation hearing pursuant to Fed. R. Crim. P.
32.1(b)(2), and the matter shall be set for disposition before a district judge. If the defendant
denies the alleged violation or violations, the matter will be decided by a district judge.
Criminal Rules
