Local Rule LCrR 32.5: SENTENCING HEARING, PRESENTENCE REPORTS, IDENTITIES OF VICTIMS, AND SENTENCING MEMORANDA

LCrR 32.5 SENTENCING HEARING, PRESENTENCE REPORTS, IDENTITIES OF VICTIMS, AND SENTENCING MEMORANDA

(a) Presentence Completion Date. In every case, it is anticipated that there will be a "Presentence Completion Date" of approximately ninety (90) days after a plea is accepted or a guilty verdict is returned. The Presentence Completion Date is the date by which the Final Presentence Report and confidential Sentencing Recommendation is anticipated to be filed by probation.

(b) Notice of Sentencing Hearing. Once a final presentence report is filed, the Clerk of Court will issue a Notice of Sentencing Hearing providing the date and time for sentencing. Sentencing is ordinarily anticipated to occur within sixty (60) days of the Presentence Completion Date.

(c) Sentencing Memoranda and Supporting Letters. Sentencing memoranda, supporting letters, and other materials should be filed as soon as possible after entry of the Final Presentence Report and not later than seven (7) days before the Sentencing Hearing. Recognizing that letters may not be received by such deadline, the United States District Judge may determine on a case-by-case basis whether to accept late-filed materials for consideration under 18 U.S.C. § 3553(a).

(d) Filing of Sentencing Memoranda, Exhibits, and Supporting Letters.

Recognizing the public's right of access to documents filed in criminal proceedings and the need to protect legally recognized personal privacy interests and vulnerable witnesses in fulfilling the Court's duties under 18 U.S.C. § 3553(a), sentencing memoranda, exhibits, and supporting letters shall not be filed under seal unless leave is secured from the Court in the manner provided in Local Civil Rule 6.1.

(e) Advising the Court of a Good-Faith Estimate of Time Needed for Sentencing Hearing. Once sentencing memoranda have been filed, counsel for the respective parties must file a Notice of Time Needed for Sentencing Hearing if greater than the time typically allotted by the sentencing judge.

(f) Rule 35, 5K, and § 3553(e) Motions Sealed. All motions under Fed. R. Crim. P. 35, U.S.S.G. § 5K, and 18 U.S.C. § 3553(e) based on cooperation with the government shall be sealed and there shall be no public access to the motion unless ordered by the Court.

Advisory Committee Notes This new Rule is intended to implement the district's goal of being ready for sentencing within 90 days of acceptance of the plea or verdict. Recognizing that judges have schedules that may not allow for pinpoint scheduling six months out, the 90 days for sentencing readiness and the 60 days for the Court to thereafter hold a sentencing hearing are intentionally soft to avoid any implication that sentencing within that period is an entitlement and to reduce motions practice.