Local Rule Cr32.1: SENTENCING PROCEDURE AND PRESENTENCE REPORTS

Cr32.1 SENTENCING PROCEDURE AND PRESENTENCE REPORTS (See Fed. R. Crim. P. 32; 18 U.S.C. § 3552)

(a) Presentence Interview The attorney for the defendant will receive notice and a reasonable opportunity to attend any presentence investigation interview by the probation officer with the defendant. Defense counsel has the burden of responding as promptly as possible to enable timely completion of the presentence report. If an undue delay is caused by defense counsel's unavailability, the probation officer will consult with the Court about proceeding with the interview without counsel.

(b) Presentence Investigation Report

(1) Presentence investigation reports and any objections or responses to objections concerning the reports are confidential documents and shall be filed electronically under seal.

(2) The probation officer's recommendation on sentencing shall not be disclosed to anyone other than the Court and shall be filed separately from the presentence investigation report as a sealed "Court only" filing following disposition.

(c) Subpoena of Records and Testimony

(1) When probation records, presentence reports, or testimony by a probation officer are requested by subpoena or other judicial process, the probation officer shall file a petition seeking instruction from the sentencing court for such disclosure. No disclosure will be authorized except upon an order issued by the sentencing court.