S.D. Ind. L.Cr.R. 32-2

(a) The sentencing hearing in each criminal case will be scheduled by the court following

the filing of a petition to enter a plea of guilty, plea agreement, the entry of a guilty plea, or a

verdict of guilty.

(b) If the defendant is a cooperator, the probation office will exclude, as a matter of course,

any cooperator information from the Presentence Investigation Report ("PSR"). The probation

office will also exclude from the PSR information related to "Substantial Assistance" under

United States Sentencing Guidelines ("U.S.S.G.") § 5K1.1 and information or narrative related

to "Safety Valve" eligibility under U.S.S.G. § 5C1.2(a)(1)-(5). A reference to U.S.S.G. §

2D1.1(b)(18) may be made in order to accurately calculate the sentencing guideline range.

(c) Within 14 days after the commencement of one of the actions in subsection (a) above,

counsel for the government and counsel for the defendant must submit in writing their

respective versions of the facts pertaining to the instant offense to the probation officer of the

court for inclusion in the Presentence Investigation Report. In lieu of such submission, a party

may notify the probation officer that its version of the facts is adequately captured in another

specific document(s) already available to the probation officer. Before or at the time of

providing such submission or notification to the probation officer, a party must provide the

submission or notification to the other party.

(d) The Presentence Investigation Report, including guideline computations, will be

completed and disclosed to the parties as early as feasible. The presentence report will be

deemed to have been disclosed when the document is electronically served upon counsel

through the court’s CM/ECF system. The probation office will also mail a disclosure letter to

the defendant advising that the presentence report has been made available to both parties.

The sentence recommendation provided to the court by the probation office will not be

disclosed except to the court.

(e) Within 14 days following disclosure of the presentence report, unless the court

determines otherwise, all counsel must file in writing with the probation officer and serve on

each other all objections or corrections they may have as to any material information,

sentencing classifications, sentencing guideline calculations, and policy statements contained

in or omitted from the Report.

(f) After receiving counsels’ objections or corrections, if any, the probation officer will

conduct any further investigation and make any necessary revisions to the Presentence

Investigation Report. The officer may require counsel for both parties to meet with the officer

in person or by telephone to discuss unresolved factual and legal issues. It is the obligation of

an objecting party to seek administrative resolution of disputed factors or facts through

consultation with opposing counsel and the probation officer prior to the sentencing hearing.

(g) The probation officer will submit the Presentence Investigation Report to the

sentencing judge immediately after the receipt and processing of objections but no later than 7

days before the sentencing date. The probation officer will notify the court immediately if

additional time is necessary to investigate and resolve disputed issues raised by the attorneys

and the defendant during the review period. The Report will be accompanied by an

addendum setting forth any objections or corrections any counsel may have asserted that have

not been resolved, together with the officer’s comments thereon. The probation officer will

certify that the contents of the Report, including any revisions thereof, have been disclosed to

the defendant and to counsel for the defendant and counsel for the government, and that the

addendum fairly summarizes any remaining objections or corrections.

(h) Any party objecting to the Presentence Investigation Report, the guidelines,

computations, or commentary will have a reasonable opportunity, usually at the sentencing

hearing, but in any event in advance of imposition of the sentence, to present evidence or

argument to the court regarding disputed factors or facts. The court may consider any

reliable information presented by the probation officer, the defendant, or the government.

The manner and form of such presentations are committed to the discretion of each sentencing

judge on a case by case basis.

(i) The presentence report will be disclosed to the defendant’s counsel and the

government’s counsel by the probation officer. Defense counsel will be responsible for

making the necessary arrangements for review of the report by defendants within the

schedules set out by the sentencing court. The unauthorized disclosure of the information

contained in the presentence report, statements, and other attachments may be considered a

contempt and punished accordingly. The presentence report will be filed under seal with the

clerk of court and retained as part of the case file for whatever further judicial purposes may

occur or be necessary.