Local Rule LCrR 32.01: SENTENCING

LCrR 32.01 – SENTENCING

(a) Initial Disclosure. Upon a finding of guilt or at the conclusion of the hearing on the petition to enter a plea, a sentencing hearing date shall be set at least eighty (80) days from the finding of guilt or hearing on the petition to enter a plea.

(b) Presentence Interview and Presentence Report.

(1) After a finding of guilt, the Probation Officer shall give notice and a reasonable opportunity to the defense counsel to attend any interview initiated by the Probation Office with the defendant.

(2) The attorneys must confer with the Probation Officer during the presentence investigation process with a view toward resolving any disputed facts or factors. All parties must communicate in a timely manner so that errors can be corrected and disputed issues fairly addressed.

(3) When the Presentence Report is completed, the United States Probation Office must furnish a copy of the report to the attorneys of record. The defendant's attorney must review the Presentence Report with the defendant in-person. If an in-person review is not reasonably possible, the defendant's attorney must seek leave of court to review the Presentence Report with the defendant by some other means.

(4) Absent an order by the Court, Presentence Reports provided to the attorneys may be retained by them.

(c) Objections to the Presentence Report.

(1) Within fourteen (14) days after receiving the Presentence Report, the defendant's attorney and the attorney for the government must communicate in writing to the Probation Office, and to each other, any objections to material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the Presentence Report.

(2) After receiving objections, the Probation Officer may meet with the defendant, defense counsel, and attorney for the government to discuss the objections. The Probation Officer may also conduct a further investigation and revise the Presentence Report as appropriate.

(3) Within seven (7) days of receiving the objections, the Probation Officer must disclose to all parties any changes or unresolved factual disputes or objections to the report.

(4) At least seven (7) days prior to sentencing, the defendant's attorney and the attorney for the government must file (not under seal unless ordered by the Court upon motion) with the Clerk, with a copy to the United States Probation Office and opposing counsel, their respective "Position of the (Government or Defendant) Regarding Presentence Report" containing only unresolved matters previously raised with all parties in writing.

(d) Final Disclosure. The United States Probation Office must transmit to the sentencing Judge at least seven (7) days before the sentencing date the Presentence Report with guideline computations, an addendum indicating any unresolved factual disputes or objections by the parties with respect to the application of the guidelines, the Probation Officer's recommendations on disputed matters. Such material must also be furnished to the defense counsel and the attorney for the government.

(e) Section 3553(a) Factors. Notwithstanding limitations in plea agreements to the contrary, by no later than three (3) days before the sentencing hearing, unless ordered otherwise by the Court, counsel for all parties must file a statement identifying any relevant factors that may be applicable at sentencing pursuant to 18 U.S.C. § 3553(a).

(f) Other Sentencing Filings. All other sentencing related filings must be filed by no later than three (3) days before the sentencing hearing or as otherwise ordered or permitted by the Court.

(g) Sentencing Hearing. The Judge, before imposing sentence, will conduct such hearing as may be deemed necessary to resolve any disputed factors or facts and may allow the attorney for the government and the defense attorney reasonable opportunity to comment either orally or in writing upon the Probation Officer's determination and on other matters relating to the appropriate sentence.

(h) Special Assessments and Other Monetary Penalties. Absent an order from the Court, the Clerk will not accept payments for criminal monetary penalties, including special assessments, fines or restitution, before sentenced is imposed.