Local Rule 32.1: Presentence Reports

32.1 Presentence Reports

(a) The defendant or the defendant's counsel shall advise the Probation Officer whether counsel wish to receive notice of and a reasonable opportunity to attend any interview of the defendant.

(b) Within forty-four days after a plea of guilty, a plea of nolo contendere, signed consent to conduct a presentence investigation prior to plea, or a verdict of guilty, the Probation Officer shall disclose the initial presentence investigation report to the defendant's counsel and the assigned Assistant United States Attorney. The defendant's counsel shall promptly provide one copy to the defendant.

(c) Within twenty-one days after disclosure of the initial presentence report, the parties shall communicate to the Probation Officer and each other any objections they have to the content either contained in or omitted from the initial report. Such communication may be oral or written, but the Probation Officer may require that any oral objection be promptly confirmed in writing. All objections to the presentence report must be clearly identified in order that they may be resolved to the extent practicable through informal procedures, including telephone conferences. During the twenty-one days following disclosure, any written objections must be delivered to the Probation Officer and not to the Court.

(d) After receiving objections, the Probation Officer shall conduct any necessary investigation and make revisions to the initial report as he or she deems appropriate. The Probation Officer shall respond to all unresolved objections. If any party believes that an additional conference could resolve or narrow any objection, that party shall seek a conference with the Probation Officer and the other party. Any such conference shall be held within thirty-one days following disclosure of the initial report. All unresolved objections shall be memorialized in writing by the objecting party and provided to the Probation Officer within seven days after the conference.

(e) Following any conference held pursuant to paragraph (d) of this Rule, but not later than forty-two days following disclosure of the initial report, the Probation Officer shall file the final presentence investigation report electronically and under seal with the restriction that the final report can be seen only by the assigned judge and any person that judge authorizes to see it and disclose the final report to the defendant's counsel and the assigned Assistant United States Attorney. The final report shall include an addendum identifying (1) all unresolved objections previously memorialized in writing; (2) a brief statement of the grounds for each such objection; (3) the Probation Officer's comments on each objection; and, if known, (4) a notation reflecting whether the parties intend to present evidence to the Court on any such objection at the sentencing hearing. The Probation Officer shall certify that the final report is true and accurate to the best of his or her knowledge and belief. The defendant's counsel shall promptly deliver a copy of the final report and the entire addendum to the defendant.

(f) Pursuant to the authority granted in Fed. R. Crim. P. 32(e) and unless otherwise ordered in an individual case, the Probation Officer's recommendation, if any, on the appropriate sentence shall be disclosed in the initial and final presentence report. However, without permission of the Court, no employee of the Probation Office may testify regarding any such recommendation.

(g) If the Probation Officer communicates to the Court any material described in Fed. R. Crim. P. 32(d)(3) that he or she believes should not be disclosed to the parties, the Probation Officer shall, upon request by the Court, promptly prepare a written summary of such material in order to assist the Court in complying with its obligations under Fed. R. Crim. P. 32(i)(1)(B).

(h) Following the filing of the final report, the Court may schedule additional conferences to address remaining objections or may proceed to conduct the sentencing hearing not less than fourteen days after receiving the final report, provided that thirty-five days have passed since the filing of the initial report unless the defendant waives this time requirement. For good cause shown, the Court may allow a new objection to be raised at any time before the imposition of sentence. In resolving disputed issues of fact, the Court may consider any reliable information presented by the Probation Officer or the parties.

(i) The Court may also modify time frames set forth in this Rule and in Fed. R. Crim. P. 32 for good cause shown.

(j) The final report, statements, addendum, and related documents shall be deemed to have been disclosed on the date they are filed.

(k) Both the initial and final presentence reports are confidential Court documents. All copies and all information contained in the reports shall be maintained in confidence by anyone who obtains them and not disclosed to another for any purpose other than the prosecution or defense of the case or unless the Judge to whom this case is assigned authorizes another disclosure. Each page of the initial and final reports shall contain the legend, "CONFIDENTIAL UNDER S.D. OHIO CRIM. R. 32.1. UNAUTHORIZED DISCLOSURE MAY BE PUNISHED AS A CONTEMPT OF THIS COURT." Pursuant to 28 U.S.C. § 994(w), the sentencing judge shall provide the presentence report to the Sentencing Commission, along with the statement of reasons for the sentence imposed, the judgment, any written plea agreement, and the indictment or other charging document, within thirty days of the entry of the judgment. The Probation Officer shall provide a copy of the final report to the Bureau of Prisons. If the defendant's supervision is transferred to another district, the Probation Officer shall provide a copy of the final report to the Probation Department of the transferee district. All paper copies shall be maintained in secured files, and all electronic copies shall be password-protected. Any presentence report filed with the Clerk shall be filed under seal. Violations of this Rule may be punished as a contempt of this Court.