CONFIDENTIALITY OF PRESENTENCE INVESTIGATION

U.S. District Court for the Middle District of North Carolina

Rule Set: Local Criminal Rules of the U.S. District Court for the Middle District of North Carolina

Rule: 32.3

Jurisdiction: MDNC

Bluebook Citation: M.D.N.C. L.Cr.R. 32.3

All Rules: M.D.N.C. Local Criminal Rules, complete index


Text

REPORTS (a) Presentence investigation reports prepared by the probation office and any response or objection thereto shall be filed under seal in the Office of the Clerk of Court and shall be visible only to court personnel, attorneys of record in the particular case to which the report relates, and defendants to whom the particular report relates. Such records shall not be made available to the public. (b) In the event of an appeal, records relating to the presentence investigation report shall be transmitted to the United States Court of Appeals for the Fourth Circuit under seal, and it is requested that such records be accorded the same degree of confidentiality upon appeal as they are afforded in this District. (c) Copies of the presentence report, having been duly disclosed, shall remain in the possession of the Defendant, defense counsel, and the attorney for the government.

All parties are admonished to maintain the strict and essential standards of confidentiality. No further copies or dissemination of the report shall be made. Unauthorized copying or disclosure will be treated as an act of contempt and will be punished accordingly. (d) The probation office shall, upon request, provide a copy of the report to counsel for the Defendant and the Government.

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