Local Rule 88.1: Presentence Investigation Reports, Presentencing Procedures, Provisions of Pretrial Services

Rule 88.1 Presentence Investigation Reports, Presentencing Procedures, Provisions of Pretrial Services

(A) Ordinarily, sentencing will occur approximately 70 days following the defendant's plea of guilty or nolo contendere, or upon being found guilty, subject to the time limitations and other provisions of Fed. R. Crim. P. 32, and following the preparation of a presentence report by the probation officer.

(B) The presentence report shall be disclosed only as permitted under Fed. R. Crim. P. 32; however, the probation officer's recommendation, if any, on the sentence, shall be disclosed only to the sentencing judge.

(C) The presentence report shall be deemed to have been disclosed (1) when a copy of the report is physically or electronically 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. A party must make objections or give notice that it has no objections as required by Fed. R. Crim. P. 32(f).

(D) No confidential records of the court maintained at the probation office, including presentence reports and probation supervision reports, shall be sought by any applicant except by written request to the Court establishing with particularity the need for specific information believed to be contained in such records. When a demand for disclosure of such information or such records is made by way of subpoena or other judicial process served upon a probation officer of this court, the probation officer may file a petition seeking instruction from the Court with respect to the manner in which that officer should respond to such subpoena or such process.

(E) Any party filing an appeal or cross appeal in any criminal case in which it is expected that an issue will be asserted pursuant to 18 U.S.C. § 3742 concerning the sentence imposed by the Court shall immediately notify the probation officer who shall then file with the Clerk for inclusion in the record in camera a copy of the presentence investigation report. The probation officer shall also furnish, at the same time, a copy of the presentence report to the United States and to the defendant.

(F) Pretrial services within the purview of 18 U.S.C. § 3152 et seq. shall be supervised and provided by the chief probation/pretrial services officer of this court pursuant to 18 U.S.C. § 3152(a). Any federal officer taking or receiving custody of a defendant in the Northern District of Florida shall immediately notify the probation office of such detention, the name of the defendant, the charge(s) against the defendant, and the place in which the defendant is being detained. A pretrial services officer shall then interview the defendant as soon as practicable at this place of confinement or, if the defendant has been released, at such other places as the pretrial services officer shall specify.

(G) A party may file a sentencing memorandum. The deadline for doing so is three days before the sentencing hearing.