Local Rule LCrR 32.2: SENTENCING GUIDELINES

LCrR 32.2 SENTENCING GUIDELINES

(a) Not less than 28 days prior to the date set for the sentencing, the probation officer shall disclose the initial presentence report to the defendant and the prosecution. Within 14 days thereafter, counsel shall communicate to the probation officer any objections they may have as to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report. Such communication may be oral or written, but the probation officer may require that any oral objection be promptly confirmed in writing.

(b) After receiving counsels' objections, the probation officer shall conduct any further investigation and make any revisions to the presentence report that may be necessary. The officer may require counsel for both parties to meet with the officer to discuss unresolved factual and legal issues.

(c) Not less than 7 days prior to the date of the sentencing, the probation officer shall submit the final presentence report to the sentencing judge. The report shall be accompanied by an addendum setting forth any objections counsel may have made that have not been resolved in the report, together with the officer's comments thereon. The probation officer shall certify that the contents of the final presentence report have been disclosed to the defendant and to counsel for the defendant and prosecution, that the addendum has been communicated to counsel, and the addendum fairly states any remaining objections.

(d) A hearing shall be held not more than 7 days prior to the date of sentencing to resolve any disputed issues of fact, and to gather any other information the Court finds to be relevant to the sentencing guideline calculation. The Court may consider any reliable information presented by the probation officer, the defendant, or the prosecution.

(e) When necessary to make consistent findings as to the role of each defendant in a multiple defendant case, the Court may, in lieu of or in addition to the evidentiary hearing authorized for by subsection (d), convene a joint evidentiary hearing on the same or other appropriate date.

(f) To the extent that the final presentence investigation report is undisputed by the parties, it may be accepted by the Court as accurate. The Court, however, for good cause shown, may allow a new objection to be raised any time before the imposition of sentence. The Court shall ensure that the probation officer and the other party has ample notice of the objection and an opportunity fairly to rebut or support the assertion.

(g) Any of the time periods set forth in this Rule may be modified by the Court on its own motion, or at the request of a party or the probation officer for good cause shown, and the Court may direct that the evidentiary hearing provided for in subsection (d) shall be held on the sentencing date. However, the 14-day period set forth in subsection (a) may be diminished only with the consent of the defendant.

(h) Nothing in this Rule requires the disclosure of any portions of the presentence report that are not disclosable under Rule 32 of the Federal Rules of Criminal Procedure.

(i) The presentence report shall be deemed to have been disclosed (1) when a copy of the report is physically delivered, (2) one day after the report's availability for inspection is orally communicated, or (3) three days after a copy of the report or notice of its availability is mailed.