Complex or Capital Punishment Cases. If a case is complex or is a capital

punishment case, the Court will enter a Scheduling Order after meeting with counsel. IV. POST-CONVICTION PROCEEDINGS RULE 32 Sentencing and Judgment. 32.A Notice and Opportunity for Defendant’s Attorney to Attend Presentence Interview.

Defendant’s attorney is deemed to have requested notice and a reasonable opportunity to attend the presentence report interview. If a defendant’s attorney receives a request to schedule a presentence report interview, the attorney must respond within seven (7) days. If the attorney does not respond, the presentence report disclosure time limits of Rule 32(e)(2) of the Federal Rules of Criminal Procedure are waived. 32.B Confidential Nature of Report.

The presentence report is a confidential record of the United States District Court and must be filed as a restricted document, that is, access to the document is restricted to counsel for the United States, counsel for the defendant, the United States Probation Office, and Court staff. It must not be disclosed to anyone other than the Court, the defendant, the defendant’s attorney, and the attorney for the government unless required by law or ordered by the Court. Copies of the report must not be made except when necessary to carry out this rule. 32.C Sentencing Pleadings.

(1) The probation officer will file the initial presentence report on the court docket at least 35 days prior to the sentencing hearing. Prior to filing formal objection(s) to the presentence report, the parties must confer with each other and the probation officer regarding the objection(s) within fourteen (14) days after the filing of the presentence report. (2) Any unresolved objection(s) to the presentence report and/or a motion for departure must be filed at least fourteen (14) days prior to the sentencing hearing. Any response must be filed seven (7) days after the filing of the unresolved objection or motion for departure.

Any reply must be filed three (3) days after the filing of any response. (3) If the parties have no objections or motions for departures, they may still file a sentencing memorandum addressing additional factors for the Court to consider at 3 Case 1:25-mc-00004 Document 35-1 Filed 11/14/25 Page 13 of 25 the sentencing hearing at least 14 days prior to the sentencing hearing. (4) The probation officer will file the final presentence report on the court docket at least seven (7) days before the sentencing hearing. (5) The Court may alter these time limits sua sponte or for good cause shown.

(6) All sentencing pleadings must be served on opposing counsel and the Probation Office. 32.D Disclosure of Recommendation. Except as ordered by the Court, the Probation Office must not disclose a final recommendation concerning sentencing. 32.E Requesting Presentence Reports before Guilty Pleas.

A motion for a Presentence Report before a plea agreement has been entered will be granted only for exceptional circumstances. a. Form of Motion. If a presentence report is requested before a plea agreement has been entered, the motion must state the position of the government and must contain the following: (1) a waiver of the defendant’s right to a speedy trial; (2) an explanation of the issues that would justify the preparation of a pre-plea presentence report; and (3) a copy of the proposed plea agreement, if any. b. Review by the Probation Office. The Court may ask the Probation Office to review the request and make recommendations to the Court regarding the merits of a pre-plea presentence report. V. GENERAL PROVISIONS RULE 44 Right to and Appointment of Counsel.