Local Rule 32.0: Sentencing Procedure

Rule 32. Sentencing Procedure.

(a) Time of Sentencing.

(1) Sentencing must occur without unnecessary delay after a plea or finding of guilty or nolo contendere. Sentencing occurs pursuant to Fed. R. Crim. P. 32 and any procedural and scheduling orders.

(2) The court may change procedural and scheduling order time limits for good cause.

(b) Defense Counsel's Presence at Presentence Investigation Interview. Defense counsel is entitled to attend any interview of the defendant by the probation officer. Defense counsel must be available for an interview within 10 days after conviction or guilty plea, unless the court grants an extension.

(c) Presentence Investigation Report. Defense counsel is responsible for ensuring that the defendant has reviewed and understands the presentence report.

(1) Counsel is prohibited from providing (by any means) a draft, copy or final Presentence Report ("PSR") to the defendant unless the following categories of information have been redacted from the PSR:

(A) statements regarding the defendant's cooperation, including references to USSG §5K1.1. motions and USSG §5C1.2. proffers;

(B) statements regarding any other person's cooperation including but not limited to post-arrest statements, proffers, grand jury testimony, and trial testimony.

Counsel is not prohibited from reviewing the unredacted PSR with the defendant.

(2) Counsel receiving the report may not disclose the contents to others.

(d) Nondisclosure to Parties of Probation Officer's Recommendation. The probation officer's sentence recommendation must not be disclosed to the parties.