LCrR 32.1: Guideline Sentencing

(a) Not less than 35 days before the sentencing date, the probation officer must disclose the presentence investigation report, excluding the probation officer's recommendation, to the pro se defendant or to defense counsel and government counsel. The presentence report is disclosed under 18 U.S.C. §3552(d):

(1) when it is physically or electronically delivered, or

(2) three days after it is mailed.

(b) Within 14 days after disclosure, the pro se defendant or counsel for the defendant and counsel for the Government shall communicate to the probation officer and to each other any objections to any material information, sentencing classifications, sentencing guideline ranges, and policy statements which are contained in, or omitted from, the report. Such communication shall be in writing and shall be signed by the defendant or counsel for the defendant or counsel for the Government, or in another manner as the Court directs. Any response to an objection shall be in writing and submitted directly to the probation officer, with copies furnished to all parties.

(c) After receiving a timely objection or response, the probation officer shall immediately conduct a further investigation and make such revisions to the presentence report as are warranted. The probation officer may require each counsel or pro se defendant to meet with the officer to discuss any unresolved factual and legal issues.

(d) Prior to the date set for sentencing, the probation officer shall submit the presentence report to the sentencing judge. The report shall be accompanied by

(1) an addendum which shall set forth any unresolved objections that counsel or the pro se defendant may have and any response thereto, and

(2) the comments of the probation officer. The probation officer shall certify that the contents of the report, including any revisions and the addendum, have been disclosed to the defendant and counsel for the defendant and counsel for the Government, and that the addendum to the presentence report, if any, fairly states all of the remaining objections.

(e) After reviewing the presentence report and addendum, the Court, upon a showing of good cause, may allow a new objection to be raised at any time prior to the imposition of sentence.

(f) When the Court resolves disputed sentencing factors, it shall notify the parties of its tentative findings and provide a reasonable opportunity for the submission of oral or written objections to the Court before the imposition of sentence. If the Court determines that a hearing is necessary to resolve disputed sentencing factors, a hearing shall be held for that purpose upon reasonable notice to all interested parties. See Fed. R. Crim. P. 32.

(g) A party who submits a document to the Court shall serve a copy of the document on the probation officer.

(h) The times set forth in this LCrR may be modified by the Court upon a showing of good cause.

(i) The presentence report, any objections thereto, and any correspondence between counsel and a probation officer concerning any such objections shall be maintained in confidence and shall not be disclosed to any person other than the defendant, counsel for the defendant, counsel for the Government, other persons assisting counsel in the discharge of their professional responsibility representing the client, the probation officer, the Court, and the United States Sentencing Commission without a prior order of the Court authorizing such disclosure.

COMMENT: LCrR 32.1(g) requires service on the probation officer of a copy of any document submitted to the Court under LCrR 32.1.

LCrR 32.1(a) provides that disclosure is “under 18 U.S.C. § 3552(d).” The statute requires disclosure “at least ten days prior to the date set for sentencing, unless this minimum period is waived by the defendant.” The 35-day requirement of Fed R Crim P 32(e)(2) supersedes the statutory ten-day requirement.

November 1, 2017