SENTENCING AND PRESENTENCE REPORTS

(a) Sentencing Witnesses; Expert Report. If defense counsel intends to present any witness, including any expert witness and/or any report produced by an expert, at the sentencing hearing, counsel shall inform the Court and the government of such intent and shall provide the government with a copy of any such report at least 7 days prior to the sentencing hearing, unless otherwise ordered. (b) Presentence Investigative Report. (1) Confidentiality of Presentence Reports.

(A) Presentence reports prepared pursuant to Fed. R. Crim. P. 32(d) shall not be disclosed by the Probation Office or made public except: (i) to the defendant or his counsel, to the United States Attorney, or to agencies with statutory responsibilities requiring review of a report; or (ii) as may be ordered by the Court. (B) When a demand for disclosure of a presentence report and/or for testimony regarding a presentence report is made by way of subpoena or other judicial process to a probation officer of this Court, the probation officer shall file a petition seeking instruction from the Court with respect to responding to the subpoena. No disclosure shall be made except upon an order issued by this Court. Effective 12/1/19: §(b)(1) deleted; §(b)(2) redesignated as (b)(1).

Effective 12/1/11: §(a) deleted; §§(b) and (c) redesignated as §§(a) and (b). The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 3/17/08: §(a) amended. CROSS-REFERENCES See LR Cr 11 (Pleas).

See also LR Gen 102 (Documents Containing Confidential Information). 123 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS LR Cr 44.1 REPRESENTATION OF MULTIPLE DEFENDANTS (a) (b) In General. Unless otherwise expressly permitted by the Court, no attorney, or group of attorneys who are associated together in the practice of law, shall represent multiple defendants or targets of a grand jury investigation in the same criminal case. Certification.

In order to assist the Court in determining whether joint representation should be permitted, counsel seeking to provide joint representation shall provide the Court with the following: (1) (2) a written certification by counsel that, after careful investigation of potential conflicts of interest, it is clear that no actual conflict is foreseeable; and a written certification by each person to be represented, giving informed consent to such multiple representation and waiving the right to separate representation and, when applicable, waiving the attorney/client privilege. Such certifications shall be in a form substantially as set forth in a form to be provided by the Clerk’s Office. Effective 3/17/08: Final sentence amended. 124 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS