Local Rule Rule 213: Sentencing

RULE 213. SENTENCING

1. Confidentiality of Presentence, Supervised Release, and Probation Records

a) Generally

Unless the Court orders that a presentence report, supervised release report, violation report, probation record, or portion thereof be placed in the public record, such report or record is a confidential internal court document to which the public has no right of access. Except as otherwise authorized by Fed. R. Crim. P. 32, by this Rule, or otherwise by law, the probation department shall not, unless otherwise ordered by the Court, disclose to any person any such report or record.

b) Procedure Upon Demand by Judicial Process

When the production of a presentence report, supervised release report, violation report, probation record, or portion thereof, or the testimony of a probation officer concerning information learned during the performance of official duty is commanded by subpoena or other judicial process, the probation officer shall notify the Chief Probation Officer. The Chief Probation Officer will seek instruction from the Court and request that the Court issue an appropriate order. Except in the most unusual circumstances, and in accordance with the Guide to Judiciary Policy, Vol. 20, Ch. 8, § 850(a), the Court shall order that the probation officer be excused from honoring the subpoena or other judicial process and that the requested disclosure not be made.

c) Limited Disclosure by Direction of the Chief Probation Officer

The Chief Probation Officer may authorize the disclosure of a presentence report, supervised release report, violation report, probation record, or portion thereof, to law enforcement agencies, rehabilitation agencies, and bona fide research agencies for use in the normal course of their duties. If authorizing such a disclosure, the Chief U.S. Probation Officer shall promulgate written guidelines to assure the security and confidentiality of the disclosed information.

d) [Reserved for Future Use]

e) Disclosure of Probation Officer's Recommendations

Unless otherwise ordered by the presiding judge, the probation officer shall disclose any recommendations on sentence to the defendant, the defendant's counsel, and the counsel for the United States. Any disclosures under this subsection shall not be placed in the public record, shall remain confidential internal court documents, and shall not be disclosed outside of the Court except as provided by L.R. 213.

2. Entry of Scheduling Order

In any case governed by the Sentencing Guidelines promulgated by the United States Sentencing Commission, the Court shall enter an order relating to the sentencing process, in a form prescribed by the Court en banc, at the time of entry of a plea of nolo contendere or guilty or after a verdict of guilty after trial. The form of order is available for public inspection in the Clerk's Office.

3. Misdemeanor Cases

Pursuant to § 6A1.2(d) of the Sentencing Guidelines and Policy Statements of the United States Sentencing Commission, in any case for which there has been no conviction above the level of a Class A misdemeanor (which includes all misdemeanors and infractions), the judicial officer may permit the parties to make oral statements at or before sentencing of the sentencing factors to be relied upon at sentencing in lieu of a written statement.

Pursuant to § 6B1.4 (c) of the Sentencing Guidelines and Policy Statements of the United States Sentencing Commission, a judicial officer taking a plea of guilty or nolo contendere pursuant to a plea agreement, for any offense or offenses not above the level of a Class A misdemeanor (which includes all misdemeanors and infractions), may permit the parties to make any required stipulation of facts relative to sentencing orally, on the record, at the time the plea agreement is offered, in lieu of a written stipulation.