W.D. Mich. LCrR 32.2

Unless waived pursuant to Rule 32(c) of the Federal Rules of Criminal

Procedure, a presentence report must be prepared in every felony case and may be prepared in

misdemeanor cases in the court’s discretion.

(a) Initial interview - The initial interview with the defendant, defendant’s counsel, and

the probation officer must be scheduled within seven (7) days of the date of the

order setting the sentencing date. Counsel for the government must make available

the offense conduct information, including all relevant conduct, within seven (7)

days of the date of such order.

(b) Disclosure of presentence report - At least forty-seven (47) days before the date

scheduled for sentencing, the probation officer must provide a copy of the

presentence report (except the sentencing rationale) to (1) counsel for the

government, and (2) counsel for the defendant or, where the defendant is pro se, to

the defendant. The sentencing judge may additionally direct the probation officer

not to disclose the officer’s recommendation on the sentence. Disclosure of the

presentence investigation report (and any subsequent revisions and addenda

thereto) to a defense attorney is deemed to be disclosure to the defendant. Defense

counsel must provide a copy of the report to the defendant forthwith.

(c) Time of disclosure

(i) To represented parties: The presentence report is deemed disclosed to

counsel for a represented defendant and to counsel for the government when

the probation officer provides a copy via secured electronic communication.

The probation officer will make an informational public docket entry on the

CM/ECF system confirming service of the document.

(ii) To an unrepresented party: The presentence report is deemed disclosed to a

pro se defendant when a copy of the report is physically delivered or three

(3) days after a copy of the report has been mailed. The presentence report

must contain the date of mailing. The probation officer will make an

informational public docket entry on the CM/ECF system confirming

service of the document to a pro se defendant.

(d) Objections to presentence report - Within fourteen (14) days after disclosure of the

presentence report, each counsel or pro se defendant must file a written response to

the presentence report acknowledging disclosure and containing all objections, and

supporting reasons, to any material information, sentencing classifications,

sentencing guideline ranges, and policy statements contained in or omitted from the

report. Alternatively, the response may affirmatively state that there is no objection

to the report. Counsel must submit objections electronically using the appropriate

CM/ECF event (access restricted to the court and the probation office) with proof

of service on opposing counsel; the government must also serve objections

pertaining to an unrepresented defendant on that defendant alone on paper, with

proof of service. Unrepresented defendants must file their objections in writing with

the clerk of the court, with a proof of service on government counsel. The clerk

shall file the objections electronically by the CM/ECF system (access restricted to

the court and the probation office).

(e) Non-judicial resolution of objections - After receiving a timely objection, the

probation officer must promptly conduct any further investigation and make any

revisions to the presentence report that may be necessary. The probation officer may

require each counsel and pro se defendant to meet with the officer to discuss

unresolved factual and legal issues, and may request that such persons meet with

each other for the same purpose.

(f) Submission of presentence report - Not less than twenty-one (21) days before the

date set for sentencing, the probation officer must submit the final presentence

report electronically by the CM/ECF system (access restricted to the court and the

probation office), and provide a copy to counsel via secured electronic

communication. The probation officer will make an informational public docket

entry on the CM/ECF system confirming service of the document. The report will

be accompanied by an addendum setting forth any unresolved objections that

counsel or the pro se defendant may have, together with the officer's comments

thereon. The probation officer must certify that the contents of the report, including

any revisions and the addendum, have been disclosed to counsel and any pro se

defendant, and that the addendum fairly states any remaining objections. When

applicable, the report may be accompanied by Victim Impact Statements.

(g) Motions for departure or variance; sentencing memoranda - Not less than fourteen

(14) days before the date set for sentencing, any party seeking an upward or

downward departure under the Sentencing Guidelines or a variance based on the

application of the factors set forth in 18 U.S.C. § 3553(a), or both, must submit a

separate and clearly captioned motion seeking such relief. All sentencing

memoranda, including memoranda in support of a motion for departure or variance,

must be filed by the same date. Not less than seven (7) days before the date for

sentencing, any party may file a response to any previously filed motion or

sentencing memoranda. Counsel must submit such motions and memoranda by the

CM/ECF system. If sensitive or confidential information is contained therein,

counsel may move for leave to restrict access to the court and the probation office,

and must serve such documents in paper with proof of service on the opposing

party. Pro se parties must file and serve such documents in paper, with proof of

service on the opposing party.

(h) Judicial resolution of objections - Upon receipt of the final report and attachments,

the sentencing judge will determine the extent of any further proceedings necessary

in light of the nature of any unresolved objections. The judge may hold all

objections for resolution at the time of sentencing. In the alternative, the judge may

resolve any objections prior to sentencing and may afford the parties a reasonable

opportunity for the submission of further written objections before the imposition

of sentence. Any objections must be made in the same manner as provided for in

this rule. Where the court determines that a hearing is necessary to resolve the

disputed sentencing matters, a hearing may be held for that purpose, either on the

date of sentencing or at an earlier time.

(i) Late objections - Upon a showing of good cause, the court may allow a new

objection to be raised at any time prior to the imposition of sentence.

(j) Expedited procedures - The time periods set forth in this rule may be modified by

the court for good cause shown, or upon its own motion, except that in no event

shall sentence be imposed less than ten (10) days following disclosure of the

presentence report without the consent of the defendant. The parties may agree in

writing or on the record to an expedited sentencing procedure that shortens the

times set forth in this rule or abbreviates the information otherwise required in the

presentence report.

(k) Limitations on disclosure - Nothing in this rule requires the disclosure of any

portions of the presentence report that are not disclosable under the Federal Rules

of Criminal Procedure.

(l) Relationship to Fed. R. Crim. P. 32 - This rule shall not be construed to limit any

sentencing procedure modifications permitted by Rule 32 of the Federal Rules of

Criminal Procedure.

(m) Release of presentence report to other officers - The Chief Probation Officer may,

in his or her discretion, disclose a presentence report to a federal or state probation

or parole officer in connection with that officer’s conduct of official duties

regarding a person previously sentenced by this court.