Local Rule LR Cr P 32.01: Disclosure of Presentence Reports

LR Cr P 32.01. Disclosure of Presentence Reports.

(a) Disclosure: Any disclosure of the presentence report to the defendant, defendant's counsel, attorney for the government or any party other than the Court shall not include any recommendation as to sentencing.

(b) Time: The Court may modify the time requirements of Fed. R. Crim. P. 32(e)(2) for good cause, but may not, without the defendant's consent, reduce the thirty-five (35) day period from the initial disclosure of the presentence report until the sentencing hearing.

(c) Probation Officer Duties: The probation officer shall inform the Court of the date of the initial presentence report disclosure to the parties, after which a sentencing hearing will be scheduled. In the alternative, the Court may set a date when the presentence report will be initially disclosed, after which time the sentencing hearing will be scheduled. The presentence report shall be deemed to have been disclosed:

(1) when a copy of the report is physically delivered to the defendant, the defendant's counsel and the attorney for the government;

(2) three (3) days after a copy of the presentence report is mailed to the defendant, counsel for the defendant and the attorney for the government; or

(3) three (3) days after a copy of the presentence report is electronically sent in a secure manner to the defendant, counsel for the defendant and the attorney for the government.

(d) Objections: Within fourteen (14) days after receiving the presentence report, counsel may provide to the probation officer written objections thereto, and shall provide a copy to opposing counsel. Counsel shall not, however, file objections to the presentence report electronically in CM/ECF or with the Clerk's Office in any manner.

(e) No Objections Form: Counsel shall not file the "no objections" form with the Court. If counsel provides a "no objections" form to the probation office, counsel must also provide a copy to opposing counsel. Nonetheless, counsel shall not file the form with the Court either electronically or in paper.

(f) Sentencing Memoranda: The Court will accept sentencing memoranda received in the Clerk's Office no later than three (3) days before the sentencing hearing. This three (3) day time period shall exclude holidays and weekends. To file a sentencing memorandum with the Court, counsel may present the document for filing to the Clerk's Office in person, via mail, or fax, to be filed under seal. In the alternative, counsel may file the sentencing memorandum in CM/ECF using the "Sentencing Memorandum" event, which is a sealed event. Regardless of the means of transport, the sentencing memorandum must be received by the deadline.

(g) Presentence Report After Sentencing: When a term of imprisonment is imposed during a trial or hearing on revocation of supervision, the probation officer shall forward the presentence report to the United States Marshals Service and the Clerk of Court, but shall not, under any circumstance, file the presentence report on the docket via CM/ECF. The Clerk of Court shall file the presentence report on CM/ECF under seal to assure its confidentiality. Immediately upon receiving the presentence report, the United States Marshals Service shall forward it, along with the United States Marshals Service designation form and the judgment and commitment order, to the Bureau of Prisons. The presentence report will not be opened by anyone other than the Bureau of Prisons, except by order of the Court.