Local Rule Criminal Rule 32.1: Sentence, Judgment and Probation

Criminal Rule 32.1 Sentence, Judgment and Probation a. Presentence Reports 1. Time for Hearing. Probation and sentencing hearings will normally be scheduled seventy-seven (77) days (that is, eleven (11) weeks) following the conviction if the conviction occurs on a Monday, or seventy-seven (77) days following the Monday subsequent to the conviction should the conviction not occur on a Monday. If an evidentiary hearing is necessary, a subsequent date and time may be fixed by the sentencing judge. Counsel should check with the trial judge as to whether counsel should have witnesses available on the scheduled sentencing date. 2. Modification of Schedule. For good cause shown, the Court may modify the time schedule for sentencing hearing of the filing requirements. 3. Presentence Report. The presentence report is to be completed, filed with the Court, and mailed (or made available to defense counsel who make pickup arrangements) thirty-five (35) days (that is, five (5) weeks) prior to the date fixed for the sentencing hearing. It must include the sentencing summary chart following this rule. 4. Review. Defense counsel must review the presentence report with the defendant prior to and sufficiently in advance of the time for filing objections and requests for departure other than United States Sentencing Commission, Guidelines Manual, § 5K1.1, if any, so as to meet the deadlines set forth below. In cases where the defendant is acting as his/her own counsel (pro per), service is to be made by mailing a copy of the presentence report to an out-of-custody defendant, with a specific notice attached advising the individual defendant of the filing dates for the filings described in this order which must be filed and served on the Court, U.S. Attorney and Probation Office. 5. Objections. Fourteen (14) days prior to the date fixed for the sentencing hearing, all objections, if any, to the presentence report must be filed and served by the government and counsel for the defendant. If the presentence report is not timely filed - that is, thirty-five (35) days prior to the scheduled sentencing date - then the defendant and the government must have seventeen (17) days following the actual date on which the presentence report is filed within which to file and serve. Objections should not include arguments for aggravation or leniency, unless based on claimed errors in the presentence report. 6. Motions for Departure. Unless otherwise ordered by the Court, any motions for departure (other than 5K1.1) must be filed and served by the moving party no less than fourteen (14) days before the sentencing hearing. The departure motion and supporting memorandum must set forth a summary of the factual and legal bases for the requested departure. Opposition to motions for departure must be filed and served no less than seven (7) days before the sentencing hearing. If no opposition is filed, the departure motion will be deemed unopposed. 7. Other Matters. Matters other than objections, motions for departure, and responses to those objections and motions may be addressed in a sentencing memorandum filed and served no less than seven (7) days before the sentencing hearing date. If the parties have executed a written plea agreement, it must be summarized in a sentencing memorandum, and filed no less than seven (7) days before the sentencing hearing. 8. Sentencing Summary Chart. Counsel must file their completed sentencing summary charts no later than seven (7) days before the sentencing hearing. If the district judge assigned to the case is a district judge from another district sitting in this court by designation, the parties must clearly indicate the name of the visiting judge on their respective sentencing summary chart and file it with the Clerk's Office. The sentencing summary chart must contain all pertinent calculations to summarize counsel's requested analysis of the guidelines application in the case. The Court may promulgate by general order a sentencing summary chart form that it deems appropriate. 9. Addendum Addressing Objections. No less than seven (7) days before the scheduled sentencing hearing, the Probation Department must file and serve an addendum addressing all objections, if any, which have been timely filed by any party. Such report may additionally address any departure requests where probation is able to assist the Court further. 10. Form. The sentencing date and time must appear on the cover page of any objections, and replies to those objections, to the presentence report, and any sentencing memoranda, in the space opposite the caption below the file number. 11. Timeline Chart. Following this rule is a schematic diagram of the procedure delineated in this rule. The purpose of the diagram is to provide pictorial assistance to those involved in the sentencing process. The actual procedures, however, are those specified in the narrative of the Rule, not the diagram. 12. Late Filings Unacceptable. All counsel are advised that the filing dates set forth in this rule are critical. Absent a showing of good cause, any late filings by counsel will not be considered by the Court. Log these dates and comply.