Local Rule LCrR 32.1: Presentence Procedure

LCrR 32.1 Presentence Procedure

(a) Upon a verdict of guilty or the entry of a plea of guilty or nolo contendere, the court shall set a date by which the probation officer shall disclose the presentence report to the defendant, the defendant's counsel, and the attorney for the government, and shall set a sentencing date. The presentence report disclosure date shall be no later than fifty-six (56) days after a verdict of guilty or the entry of a plea of guilty or nolo contendere. The sentencing date shall be no later than ninety-eight (98) days after the verdict of guilty, or the entry of a plea of guilty or nolo contendere.

(b) The probation officer shall provide defense counsel with notice and a reasonable opportunity to attend any interview of the defendant by a probation officer in the course of a presentence investigation. Unless an interview is declined on advice of counsel, the probation officer shall interview the defendant immediately after the verdict of guilty or the entry of a plea of guilty or nolo contendere. Upon request by defense counsel, or if the probation officer's schedule so requires, the probation officer shall postpone the interview. However, any postponement greater than seven (7) days shall require approval of the presiding judge.

(c) Within seven (7) days after a verdict of guilty or the entry of a plea of guilty or nolo contendere, the attorney for the government shall provide to the probation officer and to the defendant's counsel a comprehensive Statement of Offense Conduct and supporting documentation. If a defendant is responsible for restitution, the government must within twenty-eight (28) days submit sufficient information to enable the court to determine entitlement, the name of each victim, the amount of loss for each victim, and documentary support for each amount. If liability for restitution is joint and several, the government shall itemize the restitution amount for which each defendant is responsible. The Statement of Offense Conduct shall address all Chapter Two and Chapter Three adjustments of the United States Sentencing Commission Guidelines Manual which are necessary to calculate the sentencing guidelines.

(d) The government shall provide to the defendant's counsel a copy of any documentary information provided to the probation officer to be considered in the preparation of the presentence report at the same time as it is provided to the probation officer. The defendant or the defendant's counsel may submit documentary information to the probation officer and shall provide a copy to the attorney for the government at the same time as it is provided to the probation officer.

(e) At least thirty-five (35) days before the sentencing hearing, the probation officer shall provide a copy of the presentence report to the defendant, the defendant's counsel and the attorney for the government.

(f) Within fourteen (14) days after receiving the presentence report, the parties shall communicate in writing to the probation officer, and to each other, any objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the report. The written communication shall contain detailed information regarding any disputed issues. After receiving any objections, the probation officer may require counsel for both parties as well as the defendant and/or case agent to meet with the probation officer to discuss unresolved factual and legal issues. The probation officer may also undertake further investigation and revise the presentence report as necessary.

(g) At least seven (7) days before the sentencing hearing, the probation officer shall submit the final presentence report to the court, together with an addendum setting forth any unresolved objections, the grounds for those objections, and the probation officer's comments on the objections. At the same time, the probation officer shall transmit the final presentence report and the Addendum to the defendant, the defendant's counsel, and the attorney for the government.

(h) Except for any unresolved objection under Fed.R.Crim.P. 32, the court may, at the hearing, accept the presentence report as its findings of fact. For good cause shown, the court may allow a new objection to be raised at any time before imposing sentence.

(i) The probation officer shall not disclose any sentencing recommendation unless so ordered by the court.

(j) The time limits set forth in this Rule may be modified by the court for good cause.