Local Rule 32.1: PROCEDURES REGARDING PREPARATION AND SUBMISSION OF PRESENTENCE INVESTIGATION REPORTS

32.1 PROCEDURES REGARDING PREPARATION AND SUBMISSION OF PRESENTENCE INVESTIGATION REPORTS. The following procedures shall apply in all divisions of the court effective on November 1, 1987, for offenses committed after October 31, 1987:

(a) Ordinarily, sentencing will occur within seventy (70) days following the defendant's plea of guilty or nolo contendere, or upon being found guilty.

(b) Not less than thirty-five (35) days prior to the date set for sentencing, the probation officer shall provide a copy of the presentence investigation report to the defendant and to counsel for the defendant and the government. Within fourteen (14) days thereafter, counsel (or the defendant if acting pro se) shall communicate in writing to the probation officer and to each other 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.

(c) After receiving counsel's objections, the probation officer shall conduct any further investigation and make any revisions to the presentence report that may be necessary and meet with the defendant, the defendant's counsel and the attorney for the government to discuss any objections.

(d) No later than seven (7) days prior to the date of the sentencing hearing, the probation office shall submit the 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, together with the officer's comments thereon. The probation officer shall certify that the contents of the report, including any revisions thereof, have been disclosed to the defendant and to counsel for the defendant and the government, that the content of the addendum has been communicated to the defendant and to counsel, and that the addendum fairly states any remaining objections.

(e) Except for any objections made under subdivision (b) that has not been resolved, the report of the presentence investigation may be accepted by the court as accurate. The court, however, for good cause shown, may allow a new objection to be raised at any time before the imposition of sentence. In resolving disputed issues of fact the court may consider any reliable information presented by the probation officer, the defendant or the government.

(f) 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. The probation officer's sentence recommendation shall not be disclosed unless so ordered by the sentencing judge.

(g) The presentence report shall be deemed to have been disclosed (1) when a copy of the report is physically delivered; or (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.