PRESENTENCE INVESTIGATIONS AND TIME LIMITS

It is hereby ORDERED that the following standing order is adopted for use in criminal cases in which sentences are imposed under the Sentencing Reform Act of 1984: 1. Sentencing will occur without unnecessary delay and not less than one hundred (100) days following the date on which a defendant pleads guilty, nolo contendere, or is found guilty, unless an individual judge directs that the sentence be imposed on an earlier or later date. 2. At the time the presentence investigation and report are ordered, a sentencing hearing date will be fixed by the sentencing judge; and, the attorney for the Government will make available to the probation officer all investigative and file material relevant to the case.

The sentencing hearing date may be continued if necessary. 3. Not less than thirty-five (35) days before the sentencing hearing, the probation officer must furnish the presentence report to the defendant, the defendant’s counsel, and the attorney for the Government. The probation officer’s recommendation for the sentence will not be disclosed unless directed by an individual judge.

4. Within fourteen (14) days after receiving the presentence report, the parties shall deliver in writing to the probation officer, and to each other, any objections to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the presentence report. If no objections will be filed, the probation officer shall be so notified in writing within the aforesaid time limits. Any objection not filed will be deemed waived unless the Court finds good cause for allowing it to be raised. - 17 - 5.

Should the attorney for the Government intend to file a motion for a downward departure under the United States Sentencing Guidelines Section 5K1.1, or under a statutory mandatory minimum, the probation officer will be notified in writing on or before the submission date set for the filing of objections, and be provided with whatever information supports the motion. 6. Not later than seven (7) days before the sentencing hearing, the probation officer must submit the presentence report to the Court, together with an addendum setting forth any unresolved objections, the grounds for these objections, and the probation officer’s comments on the objections. At the same time, the probation officer must furnish the revisions of the presentence report and the addendum to the defendant, the defendant’s counsel, and the attorney for the government.

This rule takes into account the amendments to Rule 32 of the Federal Rules of Criminal Procedure which have an effective date of December 1, 1994. Effective January 1, 1998 - 18 -