D. Wyo. L.Cr.R. 32.1

(a) Sentencing. Unless otherwise ordered by the Court, the sentencing hearing

shall be set no less than seventy (70) days following the verdict or change of plea.

(b) Victim’s Restitution. Pursuant to 18 U.S.C. § 3664(d)(1), the attorney for the

government shall provide the probation officer with a listing of the amounts subject to

restitution after having made reasonable attempts to consult with all identified victims, but

not later than sixty (60) days prior to the date initially set for sentencing. The presentence

report shall include a complete accounting of the loss to each victim.

(c) Presentence Interview; Attendance of Counsel. Pursuant to Fed R. Crim. P.

23(c)(2), the probation officer who interviews a defendant as part of a presentence

investigation must, on request, give the defendant’s attorney notice and reasonable

opportunity to attend the interview. Defense counsel has the burden of informing the

probation officer of counsel’s availability to attend as promptly as possible to enable timely

completion of the presentence report. Any undue delay caused by counsel’s unavailability

may result in the probation officer being directed by the Court to proceed with the interview

without counsel. For purposes of this Rule, “undue delay” is defined as more than five (5)

business days after notice.

(d) Disclosure of Presentence Report; Written Objections. The Probation Office

shall disclose the report to the defendant and his or her counsel and to counsel of the

United States no later than thirty-five (35) days before the sentencing hearing, unless the

minimum period is waived by defendant. The presentence report shall be deemed to have

been disclosed when a copy of the report is filed in the Court’s electronic filing system,

CM/ECF. Within fourteen (14) days after the filing of the report, counsel for the defendant

and the United States shall file in CM/ECF any objections they may have as to any

material information, sentence classifications, sentencing guideline ranges and policy

statements contained in or omitted from the report. Objections to material in the report

must show the exact paragraph disputed together with specific reasons therefor. Material

believed to have been omitted from the report must have specific application to the

sentencing guidelines.

(e) Accuracy of Presence Report. If counsel for the defendant and the United

States believe the material contained in the presentence report is accurate, they must file

a statement to that effect in CM/ECF within fourteen (14) days after disclosure of the

report.

(f) Resolution of Objections to Presentence Report. As soon as possible after

receiving any objections to the report, the probation officer shall conduct any further

investigation necessary and make appropriate revisions to the presentence report. The

probation officer may require counsel for the parties to meet with the probation officer to

discuss unresolved factual and legal issues.

(g) Submission of Presentence Report to Sentencing Judge. Not later than

seven (7) days before the sentencing hearing, the probation officer shall submit the

presentence report to the sentencing judge, together with an addendum setting forth any

unresolved objections, the grounds for thos e objections and the probation officer’s

comments on the objections. The probation officer shall certify that the contents of the

presentence report, including any revi sions thereof, have been disclosed to the

defendant, his or her counsel and counsel for th e United States, that the content of the

addendum has been communicated to counsel, and that the addendum fairly states any

remaining objections.

(h) Sentencing Recommendations. Pursuant to Fed. R. Crim. P. 32(e)(3), the

probation officer’s sentencing recommendation shall not be disclosed to anyone other

than the Court.

(i) Court Determination of Disputed Issues; Failure to Resolve Objections. The

Court may accept the presentence report as its findings of fact, with the exception of any

objection that has not been resolved. The C ourt shall rule on any unresolved disputed

issued prior to imposing sent ence. Objections not previously raised through written

communication to the probation officer may only be raised at the sentencing hearing for

good cause shown.

(j)

Confidentiality and Disclosure of Presentence Reports. The presentence

report is a confidential document which shall not be reproduced, disclosed, or disseminated

by anyone other than a judge or probation oƯicer of this Court. However, the probation oƯice

may disclose the presentence report, excluding the sentencing recommendation, to:

(1) the defendant’s appellate counsel;

(2) counsel for defendant in revocation proceedings;

(3) the United States Sentencing Commission;

(4) the Federal Bureau of Prisons;

(5) the United States Court of Appeals;

(6) the O Ưice of the Pardon Attorney of th e United States Department of

Justice for defendants who have applied for executive clemency and/or

pardon for federal oƯenses;

(7) other federal and state probation o Ưices preparing a presentence

report for the same person; and

(8) other agencies providing treatment services to persons sentenced by

the court if relevant to the purpose of treatment.

Any other disclosure is prohibited unless authorized by the Court. All parties shall

assure the confidentiality of the material contained in the presentence report.

(k) Determination of Guideline Prior to Establishment of Guilt. Any preliminary

discussions by a probation officer pertaini ng to the application of the sentencing

guidelines shall not be binding upon the court or probation office.

(l) Sentencing Memoranda and Related Mate rials. Absent prior court approval,

all sentencing memoranda and related mate rials other than items related to the

Presentence Report as noted under this Rule, shall be filed not less than three (3)

business days prior to the sentencing hearing. These materials include, but are not limited

to, sentencing memoranda or documents analyzi ng any of the sentenc ing factors, PSR

findings, statement or other f iling, including letters, evaluat ions, treatises, reports,

certificates, awards, photographs, or other documents pertaining to or supporting the

defendant’s or government’s position on sentencing.