32.1 Guideline Sentencing

(a) Generally

Sentencing shall occur without unnecessary delay, but no more than fourteen (14) weeks (ninety-eight [98] days) following entry of a plea of guilty or nolo contendere, or a guilty verdict by a jury or the court, unless good cause is shown justifying sentencing at a later date. Any party filing a sentencing motion shall provide copies to all parties and the probation office. If the court delays sentencing, the date for disclosure of the presentence investigation report, filing of objections, and disclosure of a revised presentence investigation report shall be continued automatically.

(b) Presentence Investigation Report

The probation office shall prepare a presentence investigation report in every case unless the court finds that sufficient information exists in the record to enable the meaningful exercise of its sentencing authority pursuant to 18 U.S.C. § 3553. The probation office, during the presentence investigation, shall provide notice and a reasonable opportunity to defendant's counsel to attend any interview of the defendant.

(c) Written Version of Facts

No later than fourteen (14) days following a plea or verdict of guilty, the government shall provide the probation office with a written version of the facts of the case, including all relevant conduct. The government shall provide, at a minimum, the probation office with the same discovery materials it provided to the defendant. The prosecutor assigned to the case and the primary case agent shall make themselves reasonably available to the probation office to answer any inquiries.

(d) Disclosure of Presentence Investigation Report

No later than forty-two (42) days prior to the scheduled sentencing date, the probation officer shall disclose the initial presentence investigation report to the parties. One copy shall be given to counsel for the government. Two copies shall be given to defense counsel, who shall give one copy to the defendant for review. Defense counsel shall ensure that the defendant has timely reviewed and understands the presentence report.

(e) Objections to Presentence Investigation Report

No later than fourteen (14) days after receiving the initial presentence report, counsel for the government and counsel for the defendant shall deliver to the probation officer, and to each other, written objections of fact or guideline application to the initial presentence report. If counsel has no objections, counsel shall so notify the probation officer in writing. Delivery of said objections shall be made by mail, in person, or by facsimile transmission. A party waives any objection to the presentence report by failing to comply with this rule unless the court determines that the basis for the objection was not reasonably available prior to the deadline.

(f) Revised Presentence Investigation Report and Addendum

 If either party objects to the presentence report, the probation officer shall conduct such further inquiry as is necessary to attempt to resolve the objections raised. Such inquiry may involve further investigation as well as consultation with counsel. The probation officer shall make such revisions to the initial presentence report as are required by this further inquiry. The probation officer shall also prepare an addendum to the presentence report that shall address the objections raised by counsel and identify those issues that remain unresolved. The objections filed by counsel shall be attached to the addendum.

(g) Disclosure of Revised Presentence Investigation Report and Addendum

No later than fourteen (14) days prior to the scheduled sentencing date, the probation officer shall provide the revised presentence investigation report and addendum, together with the proposed sentencing options and supervision conditions, to the court and the parties. One copy shall be given to counsel for the government. Two copies shall be given to defense counsel, who shall give one copy to the defendant for review. Defense counsel shall ensure that the defendant has timely reviewed and understands the revised presentence report as well as any addenda.

(h) Nondisclosure to Parties of Probation Officer's Recommendation

The probation officer shall also provide the court with a recommendation as to sentence. Such recommendation shall not be disclosed to the parties except in probation and supervised release revocation proceedings.

(i) Deviations and Sentencing Memoranda

 Any party seeking a departure or a variance under the sentencing guidelines, or seeking to submit a sentencing memorandum, must file the motion or memorandum no later than ten (10) days before the date of the scheduled sentencing hearing and shall serve a copy upon opposing counsel and the probation officer. Any objections to the proposed sentencing options and supervised conditions must be included in the sentencing memorandum. Any motion for a departure or variance shall specify the grounds for relief and the legal authority for the departure or variance. A response to a motion for departure or variance shall be filed no later than four (4) days before the date of the scheduled sentencing hearing and shall be served upon opposing counsel and the probation officer.

(j) Acknowledgment of Proposed Sentencing Options and Supervised Conditions

At the sentencing hearing, the defendant shall execute and file Criminal Form 5.

History

(§ (h) amended 1/1/97; § (i) added 1/1/00; §§ (d) and (g) amended 1/1/05; § (i) amended 1/1/08, 12/1/09; §§ (a), (d), (g) and (i) amended 12/1/11; §§ (g) and (i) amended and (j) added 12/1/15)