Local Rule LR83.9: Sentencing Proceedings

LR83.9 Sentencing Proceedings

(a) Scheduling. Sentencing proceedings shall be scheduled by the district judge no earlier than 65 days following entry of a guilty plea or a verdict of guilty.

(b) Disclosure of Report. Not less than 35 days prior to the date set for sentencing, the probation officer shall file the Presentence Investigation Report ("Report") with the Court.

(c) Objections to Report. Within 14 days after the Report is filed with the Court, the parties shall file with the Court any objections they may have as to any material information, sentencing classification, sentencing guideline ranges, and policy statements contained in or omitted from the Report, which shall be entitled "Objections of (Defendant) (Government) to the Presentence Investigation Report." A party having no objections to the Report shall file with the Court a "Notice of No Objections to the Presentence Investigation Report" within 14 days after the Report is filed with the Court.

(d) Revisions. After receiving counsel's objections or statement of no objections, the probation officer shall conduct any further investigation and make any revisions to the Report that may be necessary. The probation officer may require counsel for both parties to meet with the officer to discuss unresolved factual and legal issues.

(e) Submission of Report. Within at least 7 days before the sentencing hearing, the probation officer shall file with the Court an addendum containing, with respect to each party, a statement of any unresolved objections, the grounds for those objections, and the probation officer's comments on them, or a statement that no objections were made by that party. To the extent that the Report was revised after the filing of the Report pursuant to paragraph (b), then the probation officer shall file, along with the addendum, a revised Report. The probation officer shall certify that the contents of the Report, including any revisions thereof, have been disclosed to the defendant and the government, that the content of the addendum has been communicated to counsel, and that the addendum fairly states any remaining objections.

(f) New Objections; Resolving Disputes. Except with regard to any objections made under paragraph (c) that have not been resolved, the Report may be accepted by the Court as accurate. In resolving disputed issues of fact, the Court may consider any reliable information presented by the defendant or the government.

(g) Modifying Deadlines. The times set forth in this rule may be modified by the Court for good cause shown, except that the 14 day period set forth in subsection 83.9(c) may be diminished only with the consent of the defendant and the government.

(h) Limits of Disclosure. Nothing in this rule requires the disclosure of any portions of the Report that are not disclosable under Federal Rule of Criminal Procedure 32.

(i) Filings with the Court. Filings with the Court by the probation officer and the parties shall be through the Court's Case Management/Electronic Case Filing (CM/ECF) system unless a party is proceeding pro se or an attorney has been excused from electronic filing, in which case filings shall be made manually with the Clerk's Office. Service of filings upon defense counsel shall constitute disclosure to the defendant pursuant to Federal Rule of Criminal Procedure 32.

(j) Motions for Departure or Variance from Guidelines. The government shall file all motions for a departure under 18 U.S.C. § 3553(e) or section 5K1.1 of the UNITED STATES SENTENCING GUIDELINES or for a sentence below a statutory mandatory minimum at least 7 days before the sentencing hearing. Defendants seeking a downward departure must also in writing notify the Court and the government of any request for a downward departure or variance, and the grounds therefor, at least 14 days before a sentencing hearing. All other sentencing motions and sentencing memoranda must be filed at least 14 days before a sentencing hearing. Failure to timely comply with this rule may result in a denial of a request for a departure or variance.

(k) Plea Agreements and Plea Agreement Supplements. The following procedures govern the filing of plea agreements:

1. Plea agreements will not be sealed on the grounds that the defendant is cooperating with the Government. 2. Information pertaining to cooperation shall not be set forth in the Plea Agreement. 3. A separate document entitled "Plea Agreement Supplement" must be filed with every Plea Agreement. 4. Information pertaining to cooperation will be set forth in the Plea Agreement Supplement. Otherwise, a statement that the defendant is not cooperating will be set forth in the Plea Agreement Supplement. 5. The Plea Agreement and Plea Agreement Supplement must be filed either prior to the change of plea hearing or at the time of the change of plea hearing, depending upon the preference of the presiding judge. 6. The plea agreement supplement will be filed under seal without the necessity of a motion or Court order. The plea agreement supplement will be maintained under seal pending further order of the Court.