(a) [Reserved.]
(b) Time of Sentencing.
(1) In General. The court must impose sentence without un-
necessary delay.
(2) Changing Time Limits. The court may, for good cause,
change any time limits prescribed in this rule.
(c) Presentence Investigation.
(1) Required Investigation.
(A) In General. The probation officer must conduct a pre-
sentence investigation and submit a report to the court
before it imposes sentence unless:
(i) 18 U.S.C. §
3593(c) or another statute requires
otherwise; or
(ii) the court finds that the information in the record
enables it to meaningfully exercise its sentencing au-
thority under 18 U.S.C. §
3553, and the court explains its
finding on the record.
(B) Restitution. If the law permits restitution, the proba-
tion officer must conduct an investigation and submit a
report that contains sufficient information for the court
to order restitution.
(2) Interviewing the Defendant. The probation officer who
interviews a defendant as part of a presentence investigation
must, on request, give the defendant’s attorney notice and a
reasonable opportunity to attend the interview.
(d) Presentence Report.
(1) Applying the Advisory Sentencing Guidelines. The pre-
sentence report must:
(A) identify all applicable guidelines and policy state-
ments of the Sentencing Commission;
(B) calculate the defendant’s offense level and criminal
history category;
(C) state the resulting sentencing range and kinds of sen-
tences available;
(D) identify any factor relevant to:
(i) the appropriate kind of sentence, or
(ii) the appropriate sentence within the applicable
sentencing range; and
(E) identify any basis for departing from the applicable
sentencing range.
(2) Additional Information. The presentence report must also
contain the following:
(A) the defendant’s history and characteristics, includ-
ing:
(i) any prior criminal record;
(ii) the defendant’s financial condition; and
(iii) any circumstances affecting the defendant’s be-
havior that may be helpful in imposing sentence or in
correctional treatment;
(B) information that assesses any financial, social, psy-
chological, and medical impact on any victim;
(C) when appropriate, the nature and extent of nonprison
programs and resources available to the defendant;
(D) when the law provides for restitution, information
sufficient for a restitution order;
(E) if the court orders a study under 18 U.S.C. §
3552(b),
any resulting report and recommendation;
(F) a statement of whether the government seeks forfeit-
ure under Rule 32.2 and any other law; and
(G) any other information that the court requires, in-
cluding information relevant to the factors under 18 U.S.C.
§3553(a).
(3) Exclusions. The presentence report must exclude the fol-
lowing:
(A) any diagnoses that, if disclosed, might seriously dis-
rupt a rehabilitation program;
(B) any sources of information obtained upon a promise
of confidentiality; and
(C) any other information that, if disclosed, might result
in physical or other harm to the defendant or others.
(e) Disclosing the Report and Recommendation.
(1) Time to Disclose. Unless the defendant has consented in
writing, the probation officer must not submit a presentence
report to the court or disclose its contents to anyone until the
defendant has pleaded guilty or nolo contendere, or has been
found guilty.
(2) Minimum Required Notice. The probation officer must
give the presentence report to the defendant, the defendant’s
attorney, and an attorney for the government at least 35 days
before sentencing unless the defendant waives this minimum
period.
(3) Sentence Recommendation. By local rule or by order in a
case, the court may direct the probation officer not to disclose
to anyone other than the court the officer’s recommendation
on the sentence.
(f) Objecting to the Report.
(1) Time to Object. Within 14 days after receiving the pre-
sentence report, the parties must state in writing any objec-
tions, including objections to material information, sentenc-
ing guideline ranges, and policy statements contained in or
omitted from the report.
(2) Serving Objections. An objecting party must provide a
copy of its objections to the opposing party and to the proba-
tion officer.
(3) Action on Objections. After receiving objections, the pro-
bation officer may meet with the parties to discuss the objec-
tions. The probation officer may then investigate further and
revise the presentence report as appropriate.
(g) Submitting the Report. At least 7 days before sentencing, the
probation officer must submit to the court and to the parties the
presentence report and an addendum containing any unresolved
objections, the grounds for those objections, and the probation of-
ficer’s comments on them.
(h) Notice of Possible Departure from Sentencing Guidelines. Be-
fore the court may depart from the applicable sentencing range on
a ground not identified for departure either in the presentence re-
port or in a party’s prehearing submission, the court must give
the parties reasonable notice that it is contemplating such a de-
parture. The notice must specify any ground on which the court
is contemplating a departure.
(i) Sentencing.
(1) In General. At sentencing, the court:
(A) must verify that the defendant and the defendant’s
attorney have read and discussed the presentence report
and any addendum to the report;
(B) must give to the defendant and an attorney for the
government a written summary of—or summarize in cam-
era—any information excluded from the presentence re-
port under Rule 32(d)(3) on which the court will rely in sen-
tencing, and give them a reasonable opportunity to com-
ment on that information;
(C) must allow the parties’ attorneys to comment on the
probation officer’s determinations and other matters re-
lating to an appropriate sentence; and
(D) may, for good cause, allow a party to make a new ob-
jection at any time before sentence is imposed.
(2) Introducing Evidence; Producing a Statement. The court
may permit the parties to introduce evidence on the objec-
tions. If a witness testifies at sentencing, Rule 26.2(a)–(d) and
(f) applies. If a party fails to comply with a Rule 26.2 order to
produce a witness’s statement, the court must not consider
that witness’s testimony.
(3) Court Determinations. At sentencing, the court:
(A) may accept any undisputed portion of the pre-
sentence report as a finding of fact;
(B) must—for any disputed portion of the presentence re-
port or other controverted matter—rule on the dispute or
determine that a ruling is unnecessary either because the
matter will not affect sentencing, or because the court will
not consider the matter in sentencing; and
(C) must append a copy of the court’s determinations
under this rule to any copy of the presentence report made
available to the Bureau of Prisons.
(4) Opportunity to Speak.
(A) By a Party. Before imposing sentence, the court
must:
(i) provide the defendant’s attorney an opportunity
to speak on the defendant’s behalf;
(ii) address the defendant personally in order to per-
mit the defendant to speak or present any information
to mitigate the sentence; and
(iii) provide an attorney for the government an op-
portunity to speak equivalent to that of the defend-
ant’s attorney.
(B) By a Victim. Before imposing sentence, the court
must address any victim of the crime who is present at
sentencing and must permit the victim to be reasonably
heard.
(C) In Camera Proceedings. Upon a party’s motion and for
good cause, the court may hear in camera any statement
made under Rule 32(i)(4).
(j) Defendant’s Right to Appeal.
(1) Advice of a Right to Appeal.
(A) Appealing a Conviction. If the defendant pleaded not
guilty and was convicted, after sentencing the court must
advise the defendant of the right to appeal the conviction.
(B) Appealing a Sentence. After sentencing—regardless of
the defendant’s plea—the court must advise the defendant
of any right to appeal the sentence.
1
(C) Appeal Costs. The court must advise a defendant who
is unable to pay appeal costs of the right to ask for permis-
sion to appeal in forma pauperis.
(2) Clerk’s Filing of Notice. If the defendant so requests, the
clerk must immediately prepare and file a notice of appeal on
the defendant’s behalf.
(k) Judgment.
(1) In General. In the judgment of conviction, the court must
set forth the plea, the jury verdict or the court’s findings, the
adjudication, and the sentence. If the defendant is found not
guilty or is otherwise entitled to be discharged, the court
must so order. The judge must sign the judgment, and the
clerk must enter it.
(2) Criminal Forfeiture. Forfeiture procedures are governed
by Rule 32.2.