US · rules
W.D.N.C. LCrR 32.5
Sentencing Hearing, Presentence Reports, Identities of Victims, and Sentencing Memoranda
(a) Presentence Completion Date. In every case, it is anticipated that there will be a
“Presentence Completion Date” of approximately ninety (90) days after a plea is accepted or a
guilty verdict is returned. The Presentence Completion Date is the date by which the Final
Presentence Report and confidential Sentencing Recommendation is anticipated to be filed by
probation.
(b) Notice of Sentencing Hearing. Once a final presentence report is filed, the Clerk
of Court will issue a Notice of Sentencing Hearing providing the date and time for sentencing.
Sentencing is ordinarily anticipated to occur within sixty (60) days of the Presentence Completion
Date.
(c) Sentencing Memoranda and Supporting Letters. Sentencing memoranda,
supporting letters, and other materials should be filed as soon as possible after entry of the Final
Presentence Report and not later than seven (7) days before the Sentencing Hearing. Recognizing
that letters may not be received by such deadline, the United States District Judge may determine
on a case-by-case basis whether to accept late-filed materials for consideration under 18 U.S.C. §
3553(a).
(d) Filing of Sentencing Memoranda, Exhibits, and Supporting Letters.
Recognizing the public’s right of access to documents filed in criminal proceedings and
the need to protect legally recognized personal privacy interests and vulnerable witnesses in
fulfilling the Court’s duties under 18 U.S.C. § 3553(a), sentencing memoranda, exhibits, and
supporting letters shall not be filed under seal unless leave is secured from the Court in the
manner provided in Local Civil Rule 6.1.
(e) Advising the Court of a Good-Faith Estimate of Time Needed for Sentencing
Hearing. Once sentencing memoranda have been filed, counsel for the respective parties must
file a Notice of Time Needed for Sentencing Hearing if greater than the time typically allotted by
the sentencing judge.
(f) Rule 35, 5K, and § 3553(e) Motions Sealed. All motions under Fed. R. Crim. P.
35, U.S.S.G. § 5K, and 18 U.S.C. § 3553(e) based on cooperation with the government shall be
sealed and there shall be no public access to the motion unless ordered by the Court.
History
Advisory Committee Notes This new Rule is intended to implement the district’s goal of being ready for sentencing within 90 days of acceptance of the plea or verdict. Recognizing that judges have schedules that may not allow for pinpoint scheduling six months out, the 90 days for sentencing readiness and the 60 days for the Court to thereafter hold a sentencing hearing are intentionally soft to avoid any implication that sentencing within that period is an entitlement and to reduce motions practice.
Provenance
- Source
- www.ncwd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
b59168bbb5cc521103ef7ecc8d517dbf65d635d7093edb6b6b86fcdf5e20038a
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.