Local Rule LCrR 32.1: PROCEDURAL STEPS FOR SENTENCING

LCrR 32.1 PROCEDURAL STEPS FOR SENTENCING The following procedures shall apply to all sentencings under the Sentencing Reform Act of 1984, as amended (28 U.S.C. § 991 et seq. and 18 U.S.C. § 3551 et seq.):

(a) The district judge will schedule the hearing as soon as practicable but no earlier than 65 days or later than 90 days, following entry of a guilty plea, a plea of nolo contendere, or a verdict of guilty, unless good cause exists to schedule the sentencing at a different time.

(b) The pre-sentence investigation report, including guideline computations, shall be completed by the probation officer and disclosed to the parties at least 35 days prior to the scheduled sentencing proceeding, unless the minimum period is waived by the defendant. The report shall be deemed to have been disclosed when a copy is physically delivered or three days after a copy is mailed.

(c) If a party reasonably disputes sentencing factors or facts material to sentencing, or seeks the inclusion of additional factors or facts material to sentencing, in the pre-sentence investigation report, it is the obligation of the complaining party to communicate such objection or request in writing to the probation officer within 14 days after receiving the presentence report and to seek administrative resolution of such factor or facts through opposing counsel and the United States Probation Office. This pre-sentence conference is mandatory except when sentencing factors or facts are not in dispute. Informal resolution of disputed factors or facts material to sentencing should be resolved – to the extent practicable – through informal procedures, including telephone conferences.

(d) Within 21days after disclosure of the pre-sentence investigation report to the parties, counsel for the defendant and the government shall file a pleading entitled "Position of Parties with Respect to Sentencing Factors." This pleading shall contain a written statement certifying that the party has conferred with opposing counsel and with the United States probation office in a good faith effort to resolve any disputed matters. The pleading shall also include notice of any factor important to the sentencing determination which is reasonably in dispute, in accordance with § 6A 1.1 of the United States Sentencing Commission Guidelines Manual (11/1/91 or subsequent versions). If the sentencing hearing is expected to last more than 30 minutes or if the party anticipates presenting evidence through more than 1 witness, the pleading shall notify the court of this.

(e) At least 7 days prior to the scheduled sentencing proceeding, the probation officer shall transmit to the sentencing judge the pre-sentence investigation report, including guidelines computations, and an addendum indicating any unresolved factual disputes or objections by the parties with respect to the application of the guidelines, and the probation officer's opinion concerning any disputed issues. Upon review of these materials, the sentencing judge will notify the parties if the court intends to consider a sentence outside the applicable guideline range on a ground not identified as a ground for variance either in the pre-sentence report or a pre-hearing submission. In this event, the sentencing judge will reset the sentencing hearing if necessary.

(f) At the sentencing hearing, the sentencing judge shall hear arguments and, if necessary for a resolution of the disputed issues, hear evidence. The sentencing judge shall then announce tentative findings under § 6A 1.3(b) of the Guidelines Manual (11/1/91 or subsequent versions) and provide a reasonable opportunity for the submission of oral or written objections by either party prior to the imposition of sentence. For good cause shown the sentencing judge may continue the sentencing hearing for a reasonable time to allow any party an opportunity to present additional evidence or oral or written objections to the court's tentative findings. After hearing from counsel, parties, and witnesses, if necessary, in the sentencing hearing and any continuation thereof, the judge shall impose sentence.

(g) The times set forth in this rule may be modified by the court for good cause shown, except that the 21 day period set forth in paragraph (d) may be diminished only with the consent of the defendant.

(h) Any party filing an appeal or cross-appeal in any criminal case in which it is expected that an issue will be asserted pursuant to 18 U.S.C. § 3742 concerning the sentence imposed by the court shall immediately notify the probation officer who shall then file with the clerk for inclusion in the record in camera (under seal) a copy of the pre-sentence investigation report.

(i) The probation office will deliver to each lawyer or pro se party a copy of this rule on or before disclosure of the pre-sentence investigation report.