At the conclusion of the change of plea hearing, or upon a guilty verdict by the jury, the Court will order United States Probation and Pretrial Services to prepare a presentence investigation report ("PSR"). With the draft of the PSR, the probation office will also provide the parties with the draft of the officer's recommendation to the Court as to what the defendant's sentence (the length of the term of imprisonment or probation; restitution; fine; conditions of supervised release; etc.) should be. The Defendant and the government will have an opportunity to examine the report, file any objections to the report with probation, and comment on it at sentencing.
If there are no objections to the findings of fact contained in report, the Court will adopt those facts as its findings of facts. If there are no objections to the offense level and criminal history category, they will be adopted and used to determine the advisory guideline range.
The Defendant will be given an opportunity to present evidence and make any argument at the sentencing hearing regarding any objections that remain unresolved at the time of sentencing. The government will have an opportunity to respond. In addition, both the Defendant and the government will be given an opportunity to present evidence or make argument regarding any factors that they believe support a sentence outside the advisory guideline range.
Twenty one days before sentencing, the government must file a sentencing memorandum. The defense's response is due fourteen days thereafter. In the sentencing memoranda, the parties should explain what they believe is the appropriate sentence for the defendant, including fines, restitution, and conditions of supervised release.
Seven days before sentencing, the Court with provide attorneys with the conditions of supervised release or probation it's considering to impose at sentencing. The Defendant's counsel must go over these conditions with the Defendant before the sentencing hearing, explaining them as necessary. At sentencing, the parties will have the opportunity to object to any conditions they disagree with or ask that they be modified.
In the majority of cases, the Court will be able to sentence the Defendant at the sentencing hearing, particularly if the above briefing schedule is followed. However, in some cases, the nature of the issues presented at the sentencing may require the Court to order post-hearing briefing and may require the Court to issue written findings. In such cases, a second hearing will be scheduled to impose sentence.