Pursuant to Rule 32.1(D) of the Local Criminal Rules of the United States District Court for the Northern District of Oklahoma, and General Order 09-10, there are specific rules regarding the time frame for disclosure of the Presentence Investigation Report and other sentencing-related documents and motions. For convenience purposes, these rules are summarized herein.
- Presentence Reports: Presentence Investigation Reports shall be disclosed to the defendant, the defendant’s counsel, and to the government, at least thirty-five (35) days prior to the date set for sentencing. If the defendant is incarcerated, the report will be disclosed to his or her counsel, who will disclose it to the defendant.
- Objections to the Presentence Report: Within fourteen (14) calendar days after disclosure of the presentence investigation report, any objection to the report shall be communicated. This communication may be made to the probation officer, orally or in writing, or by filing the objection with the Court. After receiving any objections, the probation officer will conduct any further investigation and make any revisions to the presentence report as may be necessary. An Addendum to the Presentence Investigation Report will be prepared by the probation officer which addresses any outstanding objections made by either party. The probation officer is required to submit the presentence report and addendum to the sentencing judge seven (7) days prior to the date of the sentencing hearing.
- Motions for Variance or Departure: In any criminal case in which counsel intends to move for a departure or variance, the motion shall be filed at least fourteen (14) calendar days prior to sentencing. If counsel moves for both a departure and a variance, the motions shall be filed separately. Any response to such motion or motions must be filed in writing by the opposing counsel at least seven (7) calendar days prior to sentencing.
- Sentencing Memorandums: In any criminal case in which counsel deems it beneficial to the Court to file a sentencing memorandum, the memorandum shall be separate from any motion for departure or variance and shall be filed at least fourteen (14) calendar days prior to sentencing. Any response to such memorandum must be filed in writing by the opposing counsel at least seven (7) calendar days prior to sentencing.