M.D. La. LCrR 32

(a) Sentencing.

(1) In accordance with the provisions of Fed. R. Crim. P. 32, when a presentence

investigation is ordered, defendant's counsel, upon request, is entitled to notice and a

reasonable opportunity to attend any int erview of the defendant by a Probation

Officer in the course of a presentence investigation.

(2) Not less than thirty-five days prior to the date set for sentencing, unless the

defendant waives this minimum period, the Probation Officer shall disclose the

presentence investigation report to the defendant, counsel for the defendant and the

Government. The presentence report is considered a confidential document and

will be filed in the record under seal by the Probation Office at the time of the

report’s disclosure. Within fourteen days thereafter, counsel shall communicate in

writing to the Probation Officer and each other any objections they may have as to

any material information, sentencing classifications, sentencing guideline ranges,

10 This combines M.D. Florida Local Rule 5.01(d) and N.D. Mississippi Local Rule 48.

and policy statements contained in or omitted from the report.

(3) After receiving counsel's objections, the Probation Officer shall conduct any further

investigation and make any revision to the presentence report that may be

necessary. The Officer may require counsel for both parties to meet with the Officer to

discuss unresolved factual and legal issues.

(4) Not later than seven days prior to the date of the sentencing hearing, the Probation

Officer shall file the presentence report in the Court record, if the report is revised.

The Probation Officer shall then file any addendum to the presentence report.

(5) Except with regard to any objection made under Fed .R. Crim. P. 32(f) that has not

been resolved, the report of the presentence investigation may be accepted by the

Court as accurate. The Court, however, for good cause shown, may allow a new

objection to be raised at any time before the imposition of sentence. In resolving

disputed issues of fact, the Court may consider any reliable information presented by

the Probation Officer, the defendant, or the Government.

(6) The times set forth in this Rule may be modified by the Court for good cause shown,

except that the thirty-five day period set forth in Fed. R. Crim. P. 32(e) may be

diminished only with the consent of the defendant.

(7) Nothing in this Rule requires the disclosure of any portions of the presentence

report that are not disclosable under Rule 32 of the Federal Rules of Criminal

Procedure. As permitted by Rule 32, the Probation Officer's recommendation on

the sentence shall not be disclosed to anyone, other than the Court.

(8) The presentence report shall be deemed to have been disclosed one day after a

copy of the report is filed electronically.

(b) Sentencing Memoranda. A party may submit a sentencing memorandum addressing any

factor taken into account for sentencing purposes. The memorandum may contain, but is

not limited to, sentencing factors enumerated in 18 U.S.C. § 3553(a); factors for upward

or downward departure including those considered pursuant to U.S.S.G. § 5K1.1; argument

on unresolved objections to the presentence report; and any information concerning the

background, character, and conduct of the defendant, in accordance with 18 U.S.C. § 3661.

Sentencing memoranda shall be filed UNDER SEAL by counsel through the Court’s

electronic filing system using the applicable event “Sealed Sentencing Memorandum by the

Government” or “Sealed Sentencing Memorandum by the Defense.” The filing attorney is

responsible for providing conventional service to the U. S. Probation Office and to opposing

counsel, indicating on the Certificate of Service how the document was served. All such

sentencing memoranda shall be filed at least fourteen days prior to the date of sentencing.

(c) USSG § 5K1.1 Motions. Government motions, pursuant to USSG § 5K1.1 (Substantial

Assistance to Authorities) and accompanying memorandum, should be filed UNDER SEAL

by counsel through the Court’s electronic filing system. The filing attorney is responsible

for providing conventional service to the U. S. Probation Office and to opposing counsel,

indicating on the Certificate of Service how the document was served. All such USSG §

5K1.1 motions shall be filed at least fourteen days prior to the date of sentencing and must

be accompanied by a proposed order.