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Pleas and Sentencing

Prior to sentencing, the Court requires a presentence investigation and report unless the defendant is a corporation and, if so, then the Court will handle on a case-by-case basis. Disputes between the Government and defense counsel relating to the computation of sentencing guidelines are resolved by hearing prior to or at sentencing. Sentencing memorandums must be filed by the Government and defense counsel at least seven days prior to the sentencing.

The Court will reserve its decision on whether to accept a Rule 11 agreement. The Court will then refer the matter to probation for a presentence report. If the Court decides to reject a Rule 11 plea agreement, it will inform the parties in open court, but will do so on the sentencing date unless the parties request otherwise. The Court does have a firm plea cutoff date, which is at the time of the final pretrial conference/plea cutoff hearing. No negotiated pleas will be accepted after that date unless extraordinary circumstances exist.


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