(Admin. Order 95-02)

Sentencing proceedings shall be scheduled by each District Judge no earlier than 70 days following entry of a guilty plea or a verdict of guilty. The presentence investigation report, including guideline computations, shall be completed and made available for disclosure to the attorneys for the parties at least 35 days prior to the scheduled sentencing proceedings, unless the defendant waives this minimum period. Within five days following entry of a guilty plea or a verdict of guilty, counsel for the defendant and the probation officer will have made arrangements for the initial interview of the defendant for the presentence investigation report. Within 14 days of receipt of the report, counsel for the defendant and the government must communicate any objections, in writing, to each other and to the probation officer. The probation officer may meet with counsel and the defendant to discuss the objections and may conduct a further investigation and revise the report as appropriate. Seven days prior to the sentencing hearing, the probation officer must submit to the court the final report and an addendum containing unresolved issues. The presentence investigation report (if revised) and the addendum will also be made available to all counsel. Counsel for the parties shall confer no later than seven days prior to the scheduled sentencing hearing proceeding with respect to the anticipated length of the sentencing and the number of witnesses to be called. If either party reasonably anticipates that the sentencing proceeding will exceed one hour, the party shall file a notice with the Clerk of the Court and shall hand deliver a courtesy copy to the United States Probation Office no later than five days prior to the sentencing proceeding. The notice shall advise the Court of the number of witnesses to be called and the estimated time required for the sentencing proceeding. Additionally, counsel for the parties shall file within the same time period any notice for enhancement of sentence or requests for departure. The recommendation as to sentencing made to the Court by the probation office shall remain confidential. Counsel for the parties may retain the presentence investigation report in their custody, and counsel for the defendant shall provide a copy to the defendant. However, the presentence investigation report is a confidential document and neither the parties nor their counsel is authorized to duplicate or disseminate it to third parties without prior permission of the Court.

(Admin. Order 2003-08)

Pursuant to Local Rule 88.8 and Administrative Order 95-02, protocols were established for the completion of Presentence Investigations to govern sentencing procedures within the Sentencing Reform Act of 1984 and the Amendments to Rule 32, effective December 1. 1994. At the request of the Court, the United States Probation Office has established the following additional protocols for the completion of Expedited Presentence Investigation Reports upon waiver of the 70 day sentencing provision: 1.) The Expedited Presentence Investigation Report may include only defendants with Guidelines' range of 0-6 months; 2.) Prior to the plea of guilty, counsel for the defendant must contact the United States Probation Office to arrange a date and time for the defendant's interview by a Probation Officer for the Expedited Presentence Investigation Report; 3.) Prior to the interview, the defendant and counsel will sign PROB 13E, Consent to Institute Presentence Investigation and Disclose the Report Before Conviction or Plea of Guilty; 4.) Upon completion of the interview, counsel for the defendant will notify the Court and request a Plea/Sentencing date; 5.) If there are no extenuating circumstances, the sentencing date will be scheduled 15 to 30 days after the Expedited Presentence Investigation Reports interview with the defendant; 6.) The standard rules of disclosure pursuant to Administrative Order 95-02 will not apply; and 7.) The United States Probation Office shall transmit the Expedited Presentence Investigation Report to the Court not later than two days prior to sentencing. Failure to comply with any of the procedures established herein may result in the invocation of sentencing protocols set forth under Local Rule 88.8 and Administrative Order 95-02.