Local Rule LOCAL CRIMINAL RULE 32: SENTENCE AND JUDGMENT

LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT

(a) Sentencing.

(1) In accordance with the provisions of Fed. R. Crim. P. 32, when a presentence investigation is ordered, defendant's counsel, upon request, is entitled to notice and a reasonable opportunity to attend any interview of the defendant by a Probation Officer in the course of a presentence investigation.

(2) Not less than thirty-five days prior to the date set for sentencing, unless the defendant waives this minimum period, the Probation Officer shall disclose the presentence investigation report to the defendant, counsel for the defendant and the Government. The presentence report is considered a confidential document and will be filed in the record under seal by the Probation Office at the time of the report's disclosure. Within fourteen days thereafter, counsel shall communicate in writing to the Probation Officer and 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.

(3) After receiving counsel's objections, the Probation Officer shall conduct any further investigation and make any revision 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.

(4) Not later than seven days prior to the date of the sentencing hearing, the Probation Officer shall file the presentence report in the Court record, if the report is revised. The Probation Officer shall then file any addendum to the presentence report.

(5) Except with regard to any objection made under Fed. R. Crim. P. 32(f) 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.

(6) The times set forth in this Rule may be modified by the Court for good cause shown, except that the thirty-five day period set forth in Fed. R. Crim. P. 32(e) may be diminished only with the consent of the defendant.

(7) 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. As permitted by Rule 32, the Probation Officer's recommendation on the sentence shall not be disclosed to anyone, other than the Court.

(8) The presentence report shall be deemed to have been disclosed one day after a copy of the report is filed electronically.

(b) Sentencing Memoranda. A party may submit a sentencing memorandum addressing any factor taken into account for sentencing purposes. The memorandum may contain, but is not limited to, sentencing factors enumerated in 18 U.S.C. § 3553(a); factors for upward or downward departure including those considered pursuant to U.S.S.G. § 5K1.1; argument on unresolved objections to the presentence report; and any information concerning the background, character, and conduct of the defendant, in accordance with 18 U.S.C. § 3661. Sentencing memoranda shall be filed UNDER SEAL by counsel through the Court's electronic filing system using the applicable event "Sealed Sentencing Memorandum by the Government" or "Sealed Sentencing Memorandum by the Defense." The filing attorney is responsible for providing conventional service to the U. S. Probation Office and to opposing counsel, indicating on the Certificate of Service how the document was served. All such sentencing memoranda shall be filed at least fourteen days prior to the date of sentencing.

(c) USSG § 5K1.1 Motions. Government motions, pursuant to USSG § 5K1.1 (Substantial Assistance to Authorities) and accompanying memorandum, should be filed UNDER SEAL by counsel through the Court's electronic filing system. The filing attorney is responsible for providing conventional service to the U. S. Probation Office and to opposing counsel, indicating on the Certificate of Service how the document was served. All such USSG § 5K1.1 motions shall be filed at least fourteen days prior to the date of sentencing and must be accompanied by a proposed order.