Upon adjudication of guilt, the Court will order United States Probation and Pretrial Services to prepare a presentence investigation report. The defendant and the government will have an opportunity to examine the report, file any objections to the report with probation, and comment on the report at sentencing.
The Court will schedule a telephone status conference to discuss any sentencing issues approximately one (1) week in advance of the date of sentencing. The Court will inquire on the need for an evidentiary hearing and/or briefing schedule to resolve sentencing issues in advance of the sentencing date.
If there are no objections to the findings of fact contained in the 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 evidentiary hearing regarding any objections that remain unresolved. 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. If either party anticipates making a request that the defendant be sentenced outside the advisory guideline range, the following briefing schedule is ordered:
15 days before the sentencing hearing: The party requesting a sentence outside advisory guideline range files a Sentencing Memorandum.
10 days after the first Sentencing Memorandum filed: The opposing party files a Sentencing Memorandum in response.
The parties are also encouraged to follow this briefing schedule to advise the Court, where appropriate, of other sentencing issues, such as legal objections to the base offense level or criminal history category used to determine the advisory guideline range.
For 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 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.