PROPOSED VOIR DIRE, INSTRUCTIONS AND VERDICT

FORMS

Unless otherwise ordered, the parties shall file proposed voir dire, jury instructions and verdict forms seven (7) calendar days prior to trial. Proposed instructions shall be submitted to counsel and the appropriate judge’s chambers via e-mail (see Appendix A). The instructions must be formatted as a single document for Microsoft Word and must include citations to authority. Prior to the formal jury instruction conference, the parties shall confer and attempt to resolve any disputes regarding all proposed jury instructions.

Rule 30.1 11 March 2026 II POST CONVICTION PROCEDURES Rule 32.1 PRESENTENCE AND POSTSENTENCE INVESTIGATION REPORTS (a) Sentencing. Unless otherwise ordered by the Court, the sentencing hearing shall be set no less than seventy (70) days following the verdict or change of plea. (b) Victim’s Restitution. Pursuant to 18 U.S.C. § 3664(d)(1), the attorney for the government shall provide the probation officer with a listing of the amounts subject to restitution after having made reasonable attempts to consult with all identified victims, but not later than sixty (60) days prior to the date initially set for sentencing.

The presentence report shall include a complete accounting of the loss to each victim. (c) Presentence Interview; Attendance of Counsel. Pursuant to Fed R. Crim. P. 23(c)(2), the probation officer who interviews a defendant as part of a presentence investigation must, on request, give the defendant’s attorney notice and reasonable opportunity to attend the interview. Defense counsel has the burden of informing the probation officer of counsel’s availability to attend as promptly as possible to enable timely completion of the presentence report.

Any undue delay caused by counsel’s unavailability may result in the probation officer being directed by the Court to proceed with the interview without counsel. For purposes of this Rule, “undue delay” is defined as more than five (5) business days after notice. (d) Disclosure of Presentence Report; Written Objections. The Probation Office shall disclose the report to the defendant and his or her counsel and to counsel of the United States no later than thirty-five (35) days before the sentencing hearing, unless the minimum period is waived by defendant.

The presentence report shall be deemed to have been disclosed when a copy of the report is filed in the Court’s electronic filing system, CM/ECF. Within fourteen (14) days after the filing of the report, counsel for the defendant and the United States shall file in CM/ECF any objections they may have as to any material information, sentence classifications, sentencing guideline ranges and policy statements contained in or omitted from the report. Objections to material in the report must show the exact paragraph disputed together with specific reasons therefor. Material believed to have been omitted from the report must have specific application to the sentencing guidelines.

(e) Accuracy of Presence Report. If counsel for the defendant and the United States believe the material contained in the presentence report is accurate, they must file a statement to that effect in CM/ECF within fourteen (14) days after disclosure of the report. (f) Resolution of Objections to Presentence Report. As soon as possible after receiving any objections to the report, the probation officer shall conduct any further investigation necessary and make appropriate revisions to the presentence report.

The Rule 32.1 12 March 2026 probation officer may require counsel for the parties to meet with the probation officer to discuss unresolved factual and legal issues. (g) Submission of Presentence Report to Sentencing Judge. Not later than seven (7) days before the sentencing hearing, the probation officer shall submit the presentence report to the sentencing judge, together with an addendum setting forth any unresolved objections, the grounds for those objections and the probation officer’s comments on the objections. The probation officer shall certify that the contents of the presentence report, including any revisions thereof, have been disclosed to the defendant, his or her counsel and counsel for the United States, that the content of the addendum has been communicated to counsel, and that the addendum fairly states any remaining objections.

(h) Sentencing Recommendations. Pursuant to Fed. R. Crim. P. 32(e)(3), the probation officer’s sentencing recommendation shall not be disclosed to anyone other than the Court. (i) Court Determination of Disputed Issues; Failure to Resolve Objections. The Court may accept the presentence report as its findings of fact, with the exception of any objection that has not been resolved.

The Court shall rule on any unresolved disputed issued prior to imposing sentence. Objections not previously raised through written communication to the probation officer may only be raised at the sentencing hearing for good cause shown. (j) Confidentiality and Disclosure of Presentence Reports. The presentence report is a confidential document which shall not be reproduced, disclosed, or disseminated by anyone other than a judge or probation o(cid:431)icer of this Court.

However, the probation o(cid:431)ice may disclose the presentence report, excluding the sentencing recommendation, to: (1) the defendant’s appellate counsel; (2) counsel for defendant in revocation proceedings; (3) the United States Sentencing Commission; (4) the Federal Bureau of Prisons; (5) the United States Court of Appeals; (6) the O(cid:431)ice of the Pardon Attorney of the United States Department of Justice for defendants who have applied for executive clemency and/or pardon for federal o(cid:431)enses; Rule 32.1 13 March 2026 other federal and state probation o(cid:431)ices preparing a presentence (7) report for the same person; and other agencies providing treatment services to persons sentenced by (8) the court if relevant to the purpose of treatment. Any other disclosure is prohibited unless authorized by the Court. All parties shall assure the confidentiality of the material contained in the presentence report. (k) Determination of Guideline Prior to Establishment of Guilt.

Any preliminary discussions by a probation officer pertaining to the application of the sentencing guidelines shall not be binding upon the court or probation office. (l) Sentencing Memoranda and Related Materials. Absent prior court approval, all sentencing memoranda and related materials other than items related to the Presentence Report as noted under this Rule, shall be filed not less than three (3) business days prior to the sentencing hearing. These materials include, but are not limited to, sentencing memoranda or documents analyzing any of the sentencing factors, PSR findings, statement or other filing, including letters, evaluations, treatises, reports, certificates, awards, photographs, or other documents pertaining to or supporting the defendant’s or government’s position on sentencing.

Rule 32.1 14 March 2026 VIII SUPPLEMENTAL AND SPECIAL PROCEEDINGS