FRCP 32: Presentence and judgment information

            
 
          
(a) [Reserved.]
(b) Time of Sentencing.
(1) In General.

The court must impose sentence without unnecessary delay.

(2) Changing Time Limits.

The court may, for good cause, change any time limits prescribed in this
rule.

(c) Presentence Investigation.
(1) Required Investigation.

(A) In General.

The probation officer must conduct a presentence investigation and
submit a report to the court before it imposes sentence unless:

(i) 18 U.S.C. § 3593(c) or another statute requires otherwise; or

(ii) the court finds that the information in the record enables it to
meaningfully exercise its sentencing authority under 18 U.S.C. § 3553,
and the court explains its finding on the record.

(B) Restitution.

If the law permits restitution, the probation officer must conduct an
investigation and submit a report that contains sufficient information
for the court to order restitution.

(2) Interviewing the Defendant.

The probation officer who interviews a defendant as part of a
presentence investigation must, on request, give the defendant’s
attorney notice and a reasonable opportunity to attend the interview.

(d) Presentence Report.
(1) Applying the Advisory Sentencing Guidelines.

The presentence report must:

(A) identify all applicable guidelines and policy statements of the
Sentencing Commission;

(B) calculate the defendant’s offense level and criminal history
category;

(C) state the resulting sentencing range and kinds of sentences
available;

(D) identify any factor relevant to:

(i) the appropriate kind of sentence, or

(ii) the appropriate sentence within the applicable sentencing range;
and

(E) identify any basis for departing from the applicable sentencing
range.

(2) Additional Information.

The presentence report must also contain the following:

(A) the defendant’s history and characteristics, including:

(i) any prior criminal record;

(ii) the defendant’s financial condition; and

(iii) any circumstances affecting the defendant’s behavior that may be
helpful in imposing sentence or in correctional treatment;

(B) information that assesses any financial, social, psychological, and
medical impact on any victim;

(C) when appropriate, the nature and extent of nonprison programs and
resources available to the defendant;

(D) when the law provides for restitution, information sufficient for a
restitution order;

(E) if the court orders a study under 18 U.S.C. § 3552(b), any resulting
report and recommendation; and

(F) any other information that the court requires, including information
relevant to the factors under 18 U.S.C. § 3553(a).

(G) specifiy whether the government seeks forfeiture under Rule 32.2 and
any other provision of law.

(3) Exclusions.

The presentence report must exclude the following:

(A) any diagnoses that, if disclosed, might seriously disrupt a
rehabilitation program;

(B) any sources of information obtained upon a promise of
confidentiality; and

(C) any other information that, if disclosed, might result in physical
or other harm to the defendant or others.

(e) Disclosing the Report and Recommendation.
(1) Time to Disclose.

Unless the defendant has consented in writing, the probation officer
must not submit a presentence report to the court or disclose its
contents to anyone until the defendant has pleaded guilty or nolo
contendere, or has been found guilty.

(2) Minimum Required Notice.

The probation officer must give the presentence report to the defendant,
the defendant’s attorney, and an attorney for the government at least 35
days before sentencing unless the defendant waives this minimum period.

(3) Sentence Recommendation.

By local rule or by order in a case, the court may direct the probation
officer not to disclose to anyone other than the court the officer’s
recommendation on the sentence.

(f) Objecting to the Report.
(1) Time to Object.

Within 14 days after receiving the presentence report, the parties must
state in writing any objections, including objections to material
information, sentencing guideline ranges, and policy statements
contained in or omitted from the report.

(2) Serving Objections.

An objecting party must provide a copy of its objections to the opposing
party and to the probation officer.

(3) Action on Objections.

After receiving objections, the probation officer may meet with the
parties to discuss the objections. The probation officer may then
investigate further and revise the presentence report as appropriate.

(g) Submitting the Report.
At least 14 days before sentencing, the probation officer must submit to
the court and to the parties the presentence report and an addendum
containing any unresolved objections, the grounds for those objections,
and the probation officer’s comments on them.

(h) Notice of Possible Departure from Sentencing Guidelines.
Before the court may depart from the applicable sentencing range on a
ground not identified for departure either in the presentence report or
in a party’s prehearing submission, the court must give the parties
reasonable notice that it is contemplating such a departure. The notice
must specify any ground on which the court is contemplating a departure.

(i) Sentencing.
(1) In General.

At sentencing, the court:

(A) must verify that the defendant and the defendant’s attorney have
read and discussed the presentence report and any addendum to the
report;

(B) must give to the defendant and an attorney for the government a
written summary of—or summarize in camera —any information excluded from
the presentence report under Rule 32(d)(3) on which the court will rely
in sentencing, and give them a reasonable opportunity to comment on that
information;

(C) must allow the parties’ attorneys to comment on the probation
officer’s determinations and other matters relating to an appropriate
sentence; and

(D) may, for good cause, allow a party to make a new objection at any
time before sentence is imposed.

(2) Introducing Evidence; Producing a Statement.

The court may permit the parties to introduce evidence on the
objections. If a witness testifies at sentencing, Rule 26.2(a)–(d) and
(f) applies. If a party fails to comply with a Rule 26.2 order to
produce a witness’s statement, the court must not consider that
witness’s testimony.

(3) Court Determinations.

At sentencing, the court:

(A) may accept any undisputed portion of the presentence report as a
finding of fact;

(B) must—for any disputed portion of the presentence report or other
controverted matter—rule on the dispute or determine that a ruling is
unnecessary either because the matter will not affect sentencing, or
because the court will not consider the matter in sentencing; and

(C) must append a copy of the court’s determinations under this rule to
any copy of the presentence report made available to the Bureau of
Prisons.

(4) Opportunity to Speak.

(A) By a Party.

Before imposing sentence, the court must:

(i) provide the defendant’s attorney an opportunity to speak on the
defendant’s behalf;

(ii) address the defendant personally in order to permit the defendant
to speak or present any information to mitigate the sentence; and

(iii) provide an attorney for the government an opportunity to speak
equivalent to that of the defendant’s attorney.

(B) By a Victim.

Before imposing sentence, the court must address any victim of the crime
who is present at sentencing and must permit the victim to be reasonably
heard.

(C) By a Victim of a Felony Offense.

Before imposing sentence, the court must address any victim of a felony
offense, not involving violence or sexual abuse, who is present at
sentencing and must permit the victim to speak or submit any information
about the sentence. If the felony offense involved multiple victims, the
court may limit the number of victims who will address the court.

(D) In Camera Proceedings.

Upon a party’s motion and for good cause, the court may hear in camera
any statement made under Rule 32(i)(4).

(j) Defendant's Right to Appeal.
(1) Advice of a Right to Appeal.

(A) Appealing a Conviction.

If the defendant pleaded not guilty and was convicted, after sentencing
the court must advise the defendant of the right to appeal the
conviction.

(B) Appealing a Sentence.

After sentencing—regardless of the defendant’s plea—the court must
advise the defendant of any right to appeal the sentence.

(C) Appeal Costs.

The court must advise a defendant who is unable to pay appeal costs of
the right to ask for permission to appeal in forma pauperis.

(2) Clerk's Filing of Notice.

If the defendant so requests, the clerk must immediately prepare and
file a notice of appeal on the defendant’s behalf.

(k) Judgment.
(1) In General.

In the judgment of conviction, the court must set forth the plea, the
jury verdict or the court’s findings, the adjudication, and the
sentence. If the defendant is found not guilty or is otherwise entitled
to be discharged, the court must so order. The judge must sign the
judgment, and the clerk must enter it.

(2) Criminal Forfeiture.

Forfeiture procedures are governed by Rule 32.2.

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct.
1, 1972; Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, eff. Dec. 1,
1975; Apr. 30, 1979, eff. Aug. 1, 1979, and Dec. 1, 1980; Oct. 12, 1982;
Apr. 28, 1983, eff. Aug. 1, 1983; Oct. 12, 1984, eff. Nov. 1, 1987; Mar.
9, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30,
1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29,
1994, eff. Dec. 1, 1994; Sept. 13, 1994, eff. Dec. 1, 1994; Apr. 23,
1996, eff. Dec. 1, 1996; Apr. 24, 1996; Apr. 17, 2000, eff. Dec. 1,
2000; Apr. 29, 2002, eff. Dec. 1, 2002; July 12, 2005, eff. Dec. 1,
2005.)