Fed. R. Crim. P. 32

(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.

42 Rule 32 FEDERAL RULES OF CRIMINAL PROCEDURE

(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;

(F) a statement of whether the government seeks forfeiture under Rule 32.2 and any other law; and

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

§ 3553(a).

43 Rule 32 FEDERAL RULES OF CRIMINAL PROCEDURE

(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 7 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;

44 Rule 32 FEDERAL RULES OF CRIMINAL PROCEDURE

(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) 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.

45 Rule 32.1 FEDERAL RULES OF CRIMINAL PROCEDURE

(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; Pub. L. 94–64, § 3(31)–(34), July

31, 1975, 89 Stat. 376, eff. Dec. 1, 1975; Apr. 30, 1979, eff. Aug. 1, 1979,

and Dec. 1, 1980; Pub. L. 97–291, § 3, Oct. 12, 1982, 96 Stat. 1249; Apr.

28, 1983, eff. Aug. 1, 1983; Pub. L. 98–473, title II, § 215(a), Oct. 12,

1984, 98 Stat. 2014, eff. Nov. 1, 1987; Pub. L. 99–646, § 25(a), Nov. 10,

1986, 100 Stat. 3597, 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; Pub. L.

103–322, title XXIII, § 230101(b), Sept. 13, 1994, 108 Stat. 2078, eff.

Dec. 1, 1994; Apr. 23, 1996, eff. Dec. 1, 1996; Pub. L. 104–132, title II,

§ 207(a), Apr. 24, 1996, 110 Stat. 1236; Apr. 17, 2000, eff. Dec. 1, 2000;

Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 30, 2007, eff. Dec. 1, 2007; Apr.

23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2011,

eff. Dec. 1, 2011.)