Revised Presentence Report Disclosure Process via CM-ECF

Monday, July 7, 2014

 

Effective May 1, 2014, all Presentence Investigation Reports (Report) prepared for the Middle District of North Carolina will be filed by the United States Probation Office under seal (with an Applicable Party Restriction) via the Court's Case Management/Electronic Case Files (CM/ECF) system. Upon each filing, the parties of record (AUSA and Defense Counsel noted in ECF) will receive a notice of electronic filing (NEF) via email, and will have access to this sealed document. The NEF will be the only notification of filing, and CM/ECF will be the only method of delivery of the documents.

The initial filing (Draft Report) is labeled "Sealed Draft Presentence Investigation Report." The parties of record will have access to this sealed document. The NEF will indicate the due dates for filing an initial response to the Draft Report and for filing pleadings on unresolved disputes. The dates in the NEF will replace the disclosure letter. Please refer to Local Criminal Rule 32.2 for an explanation of response dates.

Any disputes to sentencing factors or material facts, or requests for inclusion of additional factors or material facts to the Draft Report must be filed, under seal, via CM/ECF within 14 calendar days of the filing of the Draft Report. The response shall be labeled "Sealed Response to Draft PSR - NOTICE TO PROBATION AND OPPOSING COUNSEL ONLY."  This will serve as the initial notification to the probation officer and opposing counsel of points of contention, or lack thereof, with the Draft Report. When docketing these events, filers should link their filing to the Sealed Draft Presentence Investigation Report.

Per Local Criminal Rule 32.2, the parties will work to resolve any matters prior to filing of pleadings. Within 20 calendar days after disclosure of the Draft Report, any party, Defendant and/or Government, having an unresolved dispute shall file a pleading entitled, "Sealed Position Paper Regarding Sentencing Factors - NOTICE TO THE COURT AND OPPOSING COUNSEL." This pleading shall serve as a notice of any factor important to the sentencing determination that is reasonably in dispute. This pleading shall be accompanied by a written statement certifying that the party has conferred with opposing counsel and the probation officer in a good faith effort to resolve the disputed matter(s). This pleading shall be filed via CM/ECF and the parties of record will have access to this sealed document. The absence of a filing by either party will be handled by the United States Probation Office as no dispute.

Necessary revisions to the Report can be made at any time following the initial disclosure.  This revised Report will be labeled Sealed Presentence Investigation Report - Revised.”

At any time after the 20 calendar days has passed to file pleadings, but no later than 7 days prior to sentencing, a Final Report ("Sealed Presentence Investigation Report - Final") will be filed via CM/ECF. An Addendum will accompany the Presentence Investigation Report - Final. The Addendum will provide the Court and the parties the status of objections.  

Should a Final Report require revision after filing with the Court, the Probation Office may file a Revised Final Report ("Sealed Presentence Investigation Report - Revised Final Report").

If a defendant has multiple cases proceeding at the same time, the PSR will be uploaded in CM/ECF under each docket number. The parties shall also file responses and position papers under each docket number.

Glossary of Terms:

Sealed Draft Presentence Investigation Report: initial disclosure of PSR to parties

Sealed Response to Draft PSR- NOTICE TO PROBATION AND OPPOSING COUNSEL ONLY: initial notification to the probation officer and opposing counsel of disputes or requests for changes/modifications to PSR, or that there are no disputes or requests for changes/modifications to PSR

Sealed Position Paper Regarding Sentencing Factors - NOTICE TO THE COURT AND OPPOSING COUNSEL: position of the parties with respect to unresolved objections and/or an argument for an appropriate sentence

Sealed Supplemental Position Paper Regarding Sentencing Factors - NOTICE TO THE COURT AND OPPOSING COUNSEL: position of the parties with respect to unresolved objections and/or an argument for an appropriate sentence not addressed in the original position paper filing

Sealed Presentence Investigation Report - Revised: submitted when PSR is revised, there may be multiple revised reports which will be labeled as Revised, 2nd Revised, 3rd Revised, etc.

Sealed Presentence Investigation Report - Final: final copy of PSR and Addendum for disclosure to the Court

Sealed Presentence Investigation Report - Revised Final Report: submitted when revisions are needed after the final PSR has been disclosed to the Court.