Sentencing Procedure.

(a) Definitions. (1) A “Sentencing Statement” is a formal objection to the draft Presentence Report and shall include objections, if any, concerning factual information, sentencing guideline ranges and policy statements, and shall address how any objection affects the proposed guideline calculation. (2) A “Sentencing Memorandum” is a party’s written argument regarding the appropriate sentence. (3) A party seeks a “departure” when it requests a sentence imposed outside of the applicable guideline range based on specific sentencing guidelines.

(4) A party seeks a “variance” when it requests a sentence imposed outside of the applicable guideline range based on statutory sentencing factors set forth in 18 U.S.C. § 3553(a). (b) Presentence Investigation Reports (Presentence Reports). A presentence investigation and report to the court will be conducted before the imposition of sentence, except as otherwise permitted by U.S. Sentencing Guidelines § 6A1.1. Defendant may only waive preparation of a presentence report with the court’s permission.

The probation officer shall report the facts disclosed by the presentence investigation in the presentence report, and the parties shall not be permitted to stipulate to the elimination of relevant facts from the report. 25 (1) To provide sufficient time for drafting and finalizing the presentence report, the sentencing date, except for good cause, shall be set not less than fourteen (14) weeks following an adjudication of guilt. (2) No less than thirty-five (35) days prior to the sentencing date, the probation officer shall provide a copy of the draft presentence report to the parties. Defense counsel shall be responsible for disclosing the report to Defendant.

(3) Within fourteen (14) days after receiving the report or by a deadline designated by the probation officer, the parties must file their Sentencing Statement or their statement of no objection to the draft presentence report. A copy shall be submitted to the U.S. Probation and Pretrial Services Office and served upon all other counsel. Upon receipt of any such objections, the probation officer shall conduct any further investigation and make any revisions to the presentence report that are deemed necessary. (4) Not less than fourteen (14) days prior to the sentencing date, the final presentence report shall be submitted to the court and to all parties under seal and shall address any unresolved objections, the grounds for these objections, and the probation officer’s comments on them.

(c) Government Motions. Not less than fourteen (14) days prior to the sentencing date, the government may file a motion pursuant to U.S. Sentencing Guidelines § 5K1.1 or 18 U.S.C. § 3553(e). (d) Request for Evidentiary Hearing. Not less than ten (10) days prior to the sentencing date, any party seeking an evidentiary hearing must file a request for such hearing.

The party seeking the evidentiary hearing shall include names of witnesses, lists of exhibits, and the expected duration of their presentation, if known. The opposing party shall respond seven (7) days prior to the sentencing date. If the opposing party intends to call witnesses in the event the request for evidentiary hearing is granted, that party shall file its own witness list, exhibit list, and statement of the expected duration of their presentation seven (7) days prior to the sentencing date. 26 (e) Sentencing Memoranda.

Not less than five (5) days prior to the sentencing date, sentencing memoranda should be filed by: defense counsel responding to a motion filed under Subsection (c); any party seeking a variance from the applicable guideline range; or any party responding to objections raised in the Sentencing Statements. Sentencing memoranda may contain confidential information that shall be filed in redacted form. This may include information about cooperation activity or confidential information derived from the presentence report or other material. Confidential information derived from the presentence report includes the following: juvenile criminal history, child protective services information, medical records, mental health records, records from substance abuse treatment providers, state benefits information, unemployment benefits information, worker’s compensation information, military records, and child support records.

In instances where a redacted sentencing memorandum is filed, an unredacted version of the sentencing memorandum shall be filed under seal. Any document filed under seal pursuant to this rule shall include the following notation: “WARNING: This Document is Filed Under Seal Pursuant to CrimLR32.2.” In all other instances, parties seeking to file a sentencing memorandum or attachments under seal must move to seal the memorandum or attachments. (f) Other Sentencing Submissions. In addition to the requirements set forth in Subsection (e), anything submitted for the court’s consideration (including letters of support) shall adhere to redaction rules under Fed. R. Crim. P. 49.1.

(g) Sentencing Hearing. The parties shall be prepared at the sentencing hearing to proceed with evidence and argument for the resolution of any remaining disputed matters upon which the court may rely. The parties should advise the court in advance if they intend for anyone other than the attorneys and Defendant to speak at the sentencing hearing. (h) Expedited Sentencing Procedure.

Where the parties agree at the time of plea that an expedited sentencing is warranted, the parties shall, within one (1) business day of the entry of the guilty plea, file a Joint Request for Expedited Sentencing, and serve the request on the probation officer. The request shall outline the anticipated guideline range, the approximate amount of time Defendant has 27 served, and any other reason that supports the request. It must also contain Defendant’s waiver of any notice provisions outlined in Fed. R. Crim. P. 32(e). Where a presiding judge grants the request for an expedited sentencing, the draft presentence report shall be issued no later than thirty (30) days after the change of plea.

The parties shall file Sentencing Statements within three (3) days of receiving the draft presentence report. In such cases, final presentence reports shall be submitted no less than three (3) days prior to sentencing.