IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA In re: Implementation of ) Sentencing Procedures Under ) the Sentencing Reform Act ) of 1984. )GENERAL ORDER 88- 01 ) The following procedures are hereby established to govern sentencing proceedings under the Sentencing Reform Act of 1984 (Pub.L. 98-473, Title II, c. II,  211-239). See, 28 U.S.C. 994 and 18 U.S.C. 3553. Whereas, to provide adequate time for the United States probation Office's preparation of the presentence report which is anticipated to be about thirty-five (35) days in most cases, disclosure of the report to the parties, the filing of presentence submissions by the parties, and such other and further procedures contemplated by the Sentencing Guidelines and this order, IT IS HEREBY ORDERED: 1)Upon its completion, the probation officer shall promptly disclose the presentence report to counsel for the defendant or the pro se defendant and the government. Within ten (10) days thereafter, counsel for the defendant, after having consulted with the defendant, or the pro se defendant, and the attorney for the government, shall each communicate to the probation officer any objections to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report. The due date for such objections shall be contained in the transmittal letter accompanying the disclosure of the presentence report. Objections to the report may in the first instance be oral or written, but, if oral, shall be confirmed by the objector immediately thereafter in writing unless the probation officer forthwith accedes to the oral objection by a written supplement to the report. 2)Sentencing shall take place not less than twenty (20) days after the date of the disclosure of the presentence report as required by Paragraph 1 of this order, unless a shorter period is agreed upon by the parties and the Court. 3)After receiving the objections, the probation officer shall conduct any further investigation and make any revisions to the presentence report that may be necessary. The officer, as a representative of the Court, may require counsel or a pro se defendant and counsel for the government to meet at a designated time and place with the officer to discuss unresolved factual and legal issues. 4)Within ten (10) days after receipt of the objections, the probation officer shall submit the presentence report to the sentencing judge. The report shall be accompanied by an addendum setting forth any unresolved objections, together with the officer's comments thereon. The probation officer shall certify that the report, including any revisions and the addendum, except those portions not required to be disclosed by Rule 32 of the Federal Rules of Criminal Procedure, have been disclosed to the defendant's counsel or the pro se defendant and government, and that the addendum fairly states any remaining objections. 5) Except with regard to any unresolved objection made under subsection (1), the presentence report may be accepted by the Court as accurate. 6) Within seven (7) days after submission to the sentencing judge of the presentence report and addendum, counsel for the defendant or the pro se defendant and the government shall each file and serve upon all other parties and the probation officer assigned to the case a written statement or stipulation in accordance with 6A1.2 of the "Sentencing Guidelines and Policy Statements" (October 1987), or in accordance with subsequent rules and policies established by the United States Sentencing Commission, unless, with the permission of the Court, the defendant waives a presentence investigation and report, or the Court finds that there is in the record information sufficient to enable the meaningful exercise of sentencing discretion, and the Court explains this finding on the record. It is expected that the sentencing judge will not take into account any sentencing factor first raised after the filing of the written statements. It shall also contain or be accompanied by any information by affidavit, letter or other document regarding any disputed fact or factor and, if any presentation of oral testimony is requested, the justification for it, the nature of it, the identity of each witness, and the length of time anticipated for the presentation. 7) Within seven (7) days after the filing of the written statements provided by Paragraph 6 of this order, the sentencing judge shall notify counsel for the defendant or the pro se defendant and counsel for the government of the judge's tentative findings on the disputed facts or factors, the time for and manner of making objections to those findings, and whether a request for presentation of oral testimony is or is not granted. If oral testimony is to be received, it shall be at the sentencing hearing, unless the sentencing judge sets an earlier time for receipt of the oral testimony. 8) At the sentencing hearing the defendant's counsel or the pro se defendant and the government's counsel shall have the opportunity to comment on the probation officer's determination of the classification of the offense and of the defendant under the categories established by the Sentencing Commission and the opportunity to comment on the probation officer's suggestion of the appropriate kinds of sentence and the sentencing range. 9) Nothing in this rule requires the disclosure of any portion of the presentence report that are not disclosable under Rule 32 of the Federal Rules of Criminal Procedure. The probation officer may recommend to the Court a specific sentence within the applicable sentencing guideline table range, or a departure therefrom, if in the probation officer's opinion such is justified under the facts and circumstances presented. 10) The presentence report shall be deemed to have been disclosed when a copy of the report is physically delivered or three (3) days after a copy of the report or notice of its availability is mailed, whichever occurs first. 11) All copies of the presentence report provided to counsel and the pro se defendant shall be returned to the United States Probation Office after completion of the sentencing proceedings. No copies or any dissemination of the presentence report, a confidential court document, or information contained therein shall be made. Unauthorized copying or disclosure will be an act in contempt of court and punished accordingly. DATED this 15 day of February, 1988. BY THE COURT: (signed) LYLE E. STROM, Chief Judge United States District Court (signed) WARREN K. URBOM United States District Judge