D.N.H. LCrR 32.1

(a) Generally. Sentencing shall occur without unnecessary delay, but no more than

fourteen (14) weeks (ninety-eight [98] days) following entry of a plea of guilty or nolo

contendere, or a guilty verdict by a jury or the court, unless good cause is shown justifying

sentencing at a later date. Any party filing a sentencing motion shall provide copies to all

parties and the probation office. If the court delays sentencing, the date for disclosure of the

presentence investigation report, filing of objections, and disclosure of a revised presentence

investigation report shall be continued automatically.

(b) Presentence Investigation Report. The probation office shall prepare a presentence

investigation report in every case unless the court finds that sufficient information exists in

the record to enable the meaningful exercise of its sentencing authority pursuant to 18 U.S.C.

§ 3553. The probation office, during the presentence investigation, shall provide notice and a

reasonable opportunity to defendant’s counsel to attend any interview of the defendant.

(c) Written Version of Facts. No later than fourteen (14) days following a plea or verdict

of guilty, the government shall provide the probation office with a written version of the facts

of the case, including all relevant conduct. The government shall provide, at a minimum, the

probation office with the same discovery materials it provided to the defendant. The

prosecutor assigned to the case and the primary case agent shall make themselves reasonably

available to the probation office to answer any inquiries.

(d) Disclosure of Presentence Investigation Report. No later than forty-two (42) days

prior to the scheduled sentencing date, the probation officer shall disclose the initial

presentence investigation report to the parties. One copy shall be given to counsel for the

government. Two copies shall be given to defense counsel, who shall give one copy to the

defendant for review. Defense counsel shall ensure that the defendant has timely reviewed

and understands the presentence report.

(e) Objections to Presentence Investigation Report. No later than fourteen (14) days

after receiving the initial presentence report, counsel for the government and counsel for the

defendant shall deliver to the probation officer, and to each other, written objections of fact or

guideline application to the initial presentence report. If counsel has no objections, counsel

shall so notify the probation officer in writing. Delivery of said objections shall be made by

email or mail. A party waives any objection to the presentence report by failing to comply

with this rule unless the court determines that the basis for the objection was not reasonably

available prior to the deadline.

(f) Revised Presentence Investigation Report and Addendum. If either party objects to

the presentence report, the probation officer shall conduct such further inquiry as is necessary

to attempt to resolve the objections raised. Such inquiry may involve further investigation as

well as consultation with counsel. The probation officer shall make such revisions to the

initial presentence report as are required by this further inquiry. The probation officer shall

also prepare an addendum to the presentence report that shall address the objections raised by

counsel and identify those issues that remain unresolved. The objections filed by counsel

shall be attached to the addendum.

(g) Disclosure of Revised Presentence Investigation Report and Addendum. No later

than fourteen (14) days prior to the scheduled sentencing date, the probation officer shall

provide the revised presentence investigation report and addendum, together with the

proposed sentencing options and supervision conditions, to the court and the parties. One

copy shall be given to counsel for the government. Two copies shall be given to defense

counsel, who shall give one copy to the defendant for review. Defense counsel shall ensure

that the defendant has timely reviewed and understands the revised presentence report as well

as any addenda.

(h) Nondisclosure to Parties of Probation Officer’s Recommendation. The probation

officer shall also provide the court with a recommendation as to sentence. Such

recommendation shall not be disclosed to the parties except in probation and supervised

release revocation proceedings.

(i) Deviations and Sentencing Memoranda. Any party seeking a departure or a variance

under the sentencing guidelines, or seeking to submit a sentencing memorandum, must file the

motion or memorandum no later than ten (10) days before the date of the scheduled

sentencing hearing and shall serve a copy upon opposing counsel and the probation officer.

Any objections to the proposed sentencing options and supervised conditions must be

included in the sentencing memorandum. Any motion for a departure or variance shall specify

the grounds for relief and the legal authority for the departure or variance. A response to a

sentencing memorandum or motion for departure or variance shall be filed no later than four

(4) days before the date of the scheduled sentencing hearing and shall be served upon

opposing counsel and the probation officer.

(j) Acknowledgment of Proposed Sentencing Options and Supervised Conditions. At

the sentencing hearing, the defendant shall execute and file Criminal Form 5.

(§ (h) amended 1/1/97; § (i) added 1/1/00; §§ (d) and (g) amended 1/1/05; § (i) amended 1/1/08,

12/1/09; §§ (a), (d), (g) and (i) amended 12/1/11; §§ (g) and (i) amended, and § (j) added

12/1/15; §§ (e) and (i) amended 12/1/19)