Scheduling of the Sentencing Hearing VII. JUDGMENT (a) Setting the Date for Sentencing. Unless referral is waived or delayed pursuant to Crim. L.R. 32-1(b) or (c), at the time of a finding of guilt or

Commentary This local rule is designed to allow sufficient time for investigation and preparation of a presentence report and the identification and narrowing of issues requiring judicial resolution before sentencing. Pursuant to Fed. R. Crim. P. 32(a), at the time of a finding of guilt or entry of a plea of guilty for good cause shown, counsel may request the Court to adjust requirements set out by the various sections of Crim. L.R. 32 (e.g., shortening or lengthening the time between judgment and sentencing or modify the requirements regarding materials to be filed prior to sentencing.). Offenses to which the sentencing guidelines are not applicable (offenses prior to November 1, 1987) shall also comply with the time limits established by this rule. Cross Reference See Crim. L.R. 32-3(a) (duty of defense counsel and defendant to report to probation office on the day of referral).

(b) Immediate or Expedited Sentencing. If the defendant waives his or her right to a presentence report and the Court finds that it is able to exercise its sentencing authority meaningfully without a presentence report, the Court may immediately sentence the defendant or set a sentencing hearing on an expedited schedule. (c) Delayed Referral and Sentencing. For good cause shown, the Court may delay referral of the case to the Probation Officer.

Upon referral, unless otherwise ordered, the time periods set forth in Crim. L.R. 32-1(a) shall apply. (d) Notification to Probation Officer. On the day a defendant is referred to the Probation Officer, the Clerk shall transmit to the Probation Officer written notice of referral and of the date set for sentencing of the defendant.