W.D. Tenn. LCrR 32.1

The following procedures shall apply to all sentencings under the Sentencing Reform Act of

1984, as amended (28 U.S.C. § 991 et seq. and 18 U.S.C. § 3551 et seq.):

(a) The district judge will schedule the hearing as soon as practicable but no earlier than

65 days or later than 90 days, following entry of a guilty plea, a plea of nolo

contendere, or a verdict of guilty, unless good cause exists to schedule the

sentencing at a different time.

(b) The pre-sentence investigation report, including guideline computations, shall be

completed by the probation officer and disclosed to the parties at least 35 days prior

to the scheduled sentencing proceeding, unless the minimum period is waived by the

defendant. The report shall be deemed to have been disclosed when a copy is

physically delivered or three days after a copy is mailed.

(c) If a party reasonably disputes sentencing factors or facts material to sentencing, or

seeks the inclusion of additional factors or facts material to sentencing, in the pre-sentence investigation report, it is the obligation of the complaining party to

communicate such objection or request in writing to the probation officer within 14

days after receiving the presentence report and to seek administrative resolution of

such factor or facts through opposing counsel and the United States Probation Office.

This pre-sentence conference is mandatory except when sentencing factors or facts

are not in dispute. Informal resolution of disputed factors or facts material to

sentencing should be resolved – to the extent practicable – through informal

procedures, including telephone conferences.

(d) Within 21days after disclosure of the pre-sentence investigation report to the

parties, counsel for the defendant and the government shall file a pleading entitled

“Position of Parties with Respect to Sentencing Factors.” This pleading shall contain

a written statement certifying that the party has conferred with opposing counsel and

with the United States probation office in a good faith effort to resolve any disputed

matters. The pleading shall also include notice of any factor important to the

sentencing determination which is reasonably in dispute, in accordance with § 6A

1.1 of the United States Sentencing Commission Guidelines Manual (11/1/91 or

subsequent versions). If the sentencing hearing is expected to last more than 30

minutes or if the party anticipates presenting evidence through more than 1 witness,

the pleading shall notify the court of this.

(e) At least 7 days prior to the scheduled sentencing proceeding, the probation officer

shall transmit to the sentencing judge the pre-sentence investigation report, including

guidelines computations, and an addendum indicating any unresolved factual

disputes or objections by the parties with respect to the application of the guidelines,

and the probation officer’s opinion concerning any disputed issues. Upon review of

these materials, the sentencing judge will notify the parties if the court intends to

consider a sentence outside the applicable guideline range on a ground not identified

as a ground for variance either in the pre-sentence report or a pre-hearing

submission. In this event, the sentencing judge will reset the sentencing hearing if

necessary.

(f) At the sentencing hearing, the sentencing judge shall hear arguments and, if necessary

for a resolution of the disputed issues, hear evidence. The sentencing judge shall then

announce tentative findings under § 6A 1.3(b) of the Guidelines Manual (11/1/91 or

subsequent versions) and provide a reasonable opportunity for the submission of oral

or written objections by either party prior to the imposition of sentence. For good

cause shown the sentencing judge may continue the sentencing hearing for a

reasonable time to allow any party an opportunity to present additional evidence or

oral or written objections to the court’s tentative findings. After hearing from

counsel, parties, and witnesses, if necessary, in the sentencing hearing and any

continuation thereof, the judge shall impose sentence.

(g) The times set forth in this rule may be modified by the court for good cause shown,

except that the 21 day period set forth in paragraph (d) may be diminished only

with the consent of the defendant.

(h) Any party filing an appeal or cross-appeal in any criminal case in which it is expected

that an issue will be asserted pursuant to 18 U.S.C. § 3742 concerning the sentence

imposed by the court shall immediately notify the probation officer who shall then

file with the clerk for inclusion in the record in camera (under seal) a copy of the pre-sentence investigation report.

(i) The probation office will deliver to each lawyer or pro se party a copy of this rule on

or before disclosure of the pre-sentence investigation report.