Local Rule CrLR32.1: Waiver of the Presentence Investigation
S.D. Tex. — Criminal rule
CrLR32.1. Waiver of the Presentence Investigation. A presentence investigation will be prepared and submitted to the Court unless the Court finds that information in the record enables it to exercise its sentencing authority under 18 U.S.C. § 3553 and explains this finding on the record.
A. On motion filed before rearraignment, the Court will consider waiving the preparation of the presentence investigation. The motion shall contain:
(1) a factual summary of the defendant's relevant conduct in committing the offense;
(2) a listing of the defendant's criminal history, including dates of conviction, dispositions, and representation by counsel;
(3) guideline calculations leading to the establishment of the total offense level and criminal history category;
(4) a statement reflecting the resulting imprisonment, fine and supervised release ranges, as well as any factors that may warrant a departure from these ranges;
(5) a statement as to the identity and address of any victim(s) and the amount of restitution due to any victim. In the case of any identified victim where no restitution or only partial restitution is being recommended, the motion shall include a statement justifying the recommendation.