M.D.N.C. LCrR32.2

(a) Sentencing proceedings shall be scheduled by each District Judge no earlier

than 90 calendar days following a defendant's entry of a guilty plea or a verdict of guilty.

(b) The draft presentence investigation report, including sentencing guideline

computations and suggested conditions of supervised release, shall be completed and

disclosed to the parties not less than 45 calendar days before the scheduled sentencing

proceeding, unless the minimum period is waived by the Defendant. The draft

presentence investigation report shall be deemed to have been disclosed upon docketing

the report in the Court’s CM/ECF docketing system, unless the case is sealed or a

Defendant is pro se, in which case the report shall be deemed filed

(1) when a copy of the report is delivered to the parties; or

(2) three days after a copy of the report is mailed to the parties.

(c) If a party reasonably (1) disputes sentencing factors or material facts found

in the draft presentence investigation report, (2) seeks the inclusion of additional factors

or material facts, or (3) objects to any proposed supervised release condition, that party

shall notify the probation officer and the other party of such dispute within 14 days after

disclosure of the draft presentence investigation report. The notification shall be in

writing and filed in CM/ECF. It is the obligation of the complaining party to seek

resolution of such factors or material facts through the probation officer prior to filing the

pleading referenced in paragraph (d) below. A conference among the probation officer

and the parties is mandatory when factors or material facts are in dispute. Disputes should

be resolved to the extent possible. Informal procedures, which include telephone

conferences and e-mail correspondence between the probation office and the parties for

this resolution process, are permissible. A party with no disputes or objections shall

notify the probation officer and other party and such notification shall be in writing and

filed in CM/ECF.

(d) Within 21 calendar days after disclosure of the draft presentence

investigation report, any party maintaining an unresolved objection shall file a sealed

pleading entitled, "Position Paper Regarding Sentencing Factors" in accordance with

Policy Statements §§ 6A1.2 and 6A1.3 of the United States Sentencing Commission

Guidelines Manual or any other rules issued by the United States Sentencing

Commission. This pleading shall serve as a notice of any factor important to the

sentencing determination that is reasonably in dispute. This pleading shall be

accompanied by a written statement certifying that the party has conferred with opposing

counsel and the probation officer in a good faith effort to resolve the disputed matter(s).

This pleading shall be filed with the Clerk of Court in CM/ECF and contemporaneously

served upon the United States Probation Officer and opposing counsel. Within 28

calendar days after disclosure of the draft presentence report, the non-objecting party

shall file a sealed response. The absence of a filing by either party, at this time, will be

reported to the Court by the probation office and administratively handled by the United

States Probation Office as no dispute.

(e) Not later than seven calendar days before the sentencing hearing, the

United States Probation Office shall deliver to the Sentencing Judge the final presentence

investigation report, including sentencing guideline computations, together with an

addendum setting forth any unresolved objections, the grounds for those objections, and

the probation officer's comments on the objections. At the same time, the probation

officer must furnish the revisions of the presentence investigation report and the

addendum to the Defendant, defense counsel, and the attorney for the Government.

(f) The presentence investigation report may be accepted by the Court as

accurate if there are no unresolved factual disputes or objections. However, the Court, for

good cause, may allow a new objection at any time prior to imposition of sentence. In

resolving disputed facts, the Court may consider any reliable information presented by

the Defendant, the Government or the probation officer. At the sentencing hearing, the

Court must rule on any unresolved objections to the presentence investigation report. For

each matter controverted, the Court must make either a finding on the allegation or a

determination that no finding is necessary because the controverted matter will not be

taken into account in, or will not affect, sentencing. A written record of these findings

and determinations must be appended to any copy of the presentence investigation report

made available to the Bureau of Prisons.

(g) The Defendant and Government may file sentencing memorandums

regarding 18 U.S.C. § 3553(a) factors no later than three business days prior to the

sentencing hearing. Any motion filed by the Government related to sentencing must be

filed at least three business days before the sentencing hearing.