Local Rule D.C.COLO.LCrR 32.1: SENTENCING DOCUMENTS

D.C.COLO.LCrR 32.1 SENTENCING DOCUMENTS

(a) Sentencing Statements.

(1) No later than 30 days after a verdict of guilty is returned by a jury or the court, the attorney for the government shall file a sentencing statement that analyzes the sentencing factors to be considered at sentencing.

(2) No later than 14 days after the government files its sentencing statement, a defendant may file a sentencing statement that analyzes the sentencing factors to be considered at sentencing.

(b) Objections to Presentence Report. Objections to a presentence report shall not be included in or combined with a motion for a departure or variance.

(c) Motions for Departure or Variance. A motion for departure or variance shall be filed no later than 14 days before sentencing. A response may be filed no later than seven days before sentencing. A motion for departure or variance shall not be included in a sentencing statement or other sentencing-related document. A motion for departure or variance shall be filed as a separate motion.

(d) Restricted Access. Unless otherwise ordered, a motion for a departure or variance shall not be filed as a restricted document.

(e) Sentencing-Related Documents. Unless otherwise ordered, correspondence or other documents related to sentencing, including letters, reports, certificates, awards, photographs, or other documents pertaining to the defendant, shall be provided to the probation office no later than 10 days before sentencing and shall be filed no later than seven days before sentencing by a probation officer and are entitled to Level 2 restriction under D.C.COLO.LCrR 47.1(f)(1)(A).

(f) Disclosure of Probation Reports.

(1) Records and reports, including presentence reports and supervised release violation reports, maintained by the Probation Office are confidential and not available for public inspection.

(2) The Chief Probation Officer may authorize inspection, disclosure, and production of records and reports to other federal courts, federal correctional or law enforcement agencies, treatment providers, or state authorities who have a legal, investigative, or custodial interest.

(3) A person or entity other than defined in Paragraph (2) who seeks access to confidential records or reports maintained by the Probation Office shall file a written request with the Chief Probation Officer that conforms to the requirements HERE. After consulting with the relevant judicial officer, the Chief Probation Officer may grant the request in whole or in part.