LCrR32 – Sentencing and Judgment

LCrR32-1 Scheduling of Sentencing.

Sentencing proceedings shall be scheduled no earlier than ninety days following entry of a guilty plea or jury verdict, unless otherwise ordered by the Court upon consent of the parties.

LCrR32-2 Notice and Opportunity for Defendant’s Attorney to Attend Presentence Interview.

The probation officer must give the defendant’s attorney notice and a reasonable opportunity to attend the interview. If repeated attempts to schedule the interview fail or should defense counsel elect not to participate, the probation officer may interview the defendant without counsel present with defendant’s documented consent.

LCrR32-3 Disclosure of Presentence Report to Counsel.

The probation officer shall disclose the presentence report to the defendant, counsel for the defendant, and the government by email or physical delivery, at least thirty-five days before the date set for sentencing.

LCrR32-4 Objection to Presentence Report.

Within fourteen days of receiving the report, the parties must communicate with the probation officer, by email, telephone, or letter, regarding any material correction or objection to the report. If the probation officer rejects the proposed revisions, the probation officer shall inform both parties of the officer’s stance as soon as possible. The party must then file any objection of record at least fourteen days before the date set for sentencing. The filing shall include the basis for the proposed change(s) and, if applicable, authority in support of legal positions advanced. At least seven days before the date set for sentencing, the probation officer will submit a revised report and/or an addendum to the parties and the Court, responding to all filed objections.

LCrR32-5 Sentencing-Related Filings.

Motions for departure or variance must be filed at least fourteen days before sentencing, and must state the requested degree of relief and the reason for the requested relief. If a party requests both a departure and variance, it shall file a separate motion for each. Written responses must be filed at least seven days before the date set for sentencing and state all bases for any objections to the requested relief.

If a party elects to file a separate sentencing memorandum, that memorandum must be filed at least fourteen days before the date set for sentencing. If a party elects to respond to such a memorandum, that response must be filed at least seven days before the date set for sentencing. Motions for variance or departure must be filed separately; the Court will not consider requests for variance or departure contained within sentencing memoranda.

LCrR32-6 Party’s Duty to Disclose Sentencing-Related Materials.

A party who submits any sentencing-related material to the United States Probation Office shall contemporaneously provide a copy of the material to opposing counsel.

LCrR32-7 Disclosure of Sentencing Recommendation.

The United States Probation Office shall disclose the sentencing recommendations to the Court at least seven days before the date set for sentencing. The recommendation shall not be disclosed to the parties.

LCrR32-8 Requesting Presentence Report Before Guilty Plea.

A motion for a presentence report before a defendant has entered a plea of guilty or nolo contendere will be granted only for exceptional circumstances and shall state all bases for the motion, state the position of the government, include a copy of any proposed plea agreement, and contain a waiver of the defendant’s right to a speedy trial.

LCrR32-9 Correspondence.

All written correspondence to the Court for consideration in sentencing shall be directed to the United States Probation Office, which will provide copies to the Court, and to counsel unless the Court orders otherwise.

Any written correspondence sent directly to the Court pertaining to a defendant pending sentencing will be forwarded to the United States Probation Office and provided to counsel before sentencing, unless the Court orders otherwise.

Correspondence pertaining to a defendant’s sentencing shall be treated in the same manner as the presentence report, and shall not be released to third parties unless the Court orders otherwise.

LCrR32-10 Confidentiality and Disclosure of Presentence Reports.

The presentence report contains confidential and personal information. The United States Probation Office is responsible for maintaining confidentiality of the report. For security purposes, presentence reports may not be disseminated to incarcerated defendants. The United States Probation Office may only disclose the presentence report to:

(1)

the Court and counsel for the respective parties for use in the case and any appeal;

(2)

the United States Sentencing Commission;

(3)

the Federal Bureau of Prisons;

(4)

the United States Court of Appeals; and

(5)

other federal or state probation offices preparing a presentence report for the same person.

Any other disclosure is prohibited unless authorized by the Court.