Proposed Presentence Report (a) Distribution of Proposed Presentence Report. Pursuant to Fed. R. Crim. P. 32(b)(6) at least 35 days before the date set for sentencing, the Probation Officer shall furn

(b) Parties’ Response to Proposed Presentence Report. Within 14 days after the proposed presentence report has been furnished pursuant to Fed. R. Crim. P. 32(b)(6), a party shall deliver to the Probation Officer and to opposing counsel a written response to the proposed presentence report which shall comply with Crim. L.R. 32-4(c). USDC Criminal Local Rules – Revised August 21, 2024 CRIM-14 (c) Content of Response to Proposed Presentence Report. (1) Statement of No Opposition.

If a party does not object to factual statements or computations of offense level under the guidelines of the United States Sentencing Commission, the party shall notify the Probation Officer in writing that the party has no objections under Fed. R. Crim. P. 32(b)(6). (2) Statement of Opposition. If Crim. L.R. 32-4(c)(1) does not apply, the written response required by Crim. L.R. 32-4(b) shall identify and address any objections to factual statements or guideline computations in the proposed report. The response shall not be filed with the sentencing Judge.

Such objections must: (A) Set out each objection to the proposed presentence report, including each material factual statement disputed and how that party’s version of the facts differs from those stated in the proposed presentence report, as well as citation to material facts omitted from the proposed presentence report; (B) Specifically cite the evidentiary support for that party’s version of the material facts; and (C) State any variation the party contends should be made from the guideline computation recommended in the proposed presentence report. Commentary This rule is intended to implement the informal process of identifying and narrowing issues that will ultimately require judicial resolution. Parties should be aware that the objections not raised to the Probation Officer may not be considered by the Court absent a showing of good cause. See Fed. R. Crim. P. 32-5(b)(6)(D).

(d) Presentence Conference with Probation Officer. If the response of a party contains objections, the party shall attend any meeting called by the Probation Officer pursuant to Fed. R. Crim. P. 32(b)(6)(B). If the presence of a party or parties is not feasible, the Probation Officer may conduct the conference telephonically. Commentary This rule does not mandate that a presentence conference occur.

If the Probation Officer feels that one is not needed, the Probation Officer need not call such a conference. However, if the Probation Officer does call such a conference, attorneys must attend and participate. Participants in the presentence conference process should consider disseminating documents by electronic means (e.g., by fax transmission) in order to speed dissemination of the proposed presentence report. Crim. L.R. 32-3 presumes that the U.S. Probation Offices in the Northern District of California will establish regulations and procedures for the expeditious disclosure of the proposed presentence report to the defendant, defense counsel and the attorney for the government.

(e) Conference with In-Custody Defendant. If requested by the probation office and to the extent its available resources permit, the U.S. Marshal shall bring an in-custody defendant to a courthouse on a date scheduled for an initial or subsequent interview with the Probation Officer pursuant to Fed. R. Crim. P. 32 or for disclosure of the presentence report to the defendant pursuant to Crim. L.R. 32-4 and 32-5. Commentary This rule is designed to aid efforts by the Probation Officer to expedite meetings with defense counsel and the defendant and to reduce the cost of presentence interviews. It is contemplated that the Marshal would utilize any excess capacity to transport or hold a defendant in order to facilitate an interview.

USDC Criminal Local Rules – Revised August 21, 2024 CRIM-15