Common use of Disclosure and Objections Clause in Contracts

Disclosure and Objections. (A) Not less than 35 days before the sen- tencing hearing—unless the defendant waives this minimum period—the probation officer must furnish the presentence report to the defendant, the defendant’s counsel, and the attorney for the Government. The court may, by local rule or in individual cases, direct that the probation officer not disclose the probation officer’s recommenda- tion, if any, on the sentence. (B) Within 14 days after receiving the pre- sentence report, the parties shall commu- nicate in writing to the probation officer, and to each other, any objections to any ma- TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE terial information, sentencing classifica- tions, sentencing guideline ranges, and pol- icy statements contained in or omitted from the presentence report. After receiving ob- jections, the probation officer may meet with the defendant, the defendant’s counsel, and the attorney for the Government to dis- cuss those objections. The probation officer may also conduct a further investigation and revise the presentence report as appro- priate. (C) Not later than 7 days before the sen- tencing hearing, the probation officer must submit the presentence report to the court, together with an addendum setting forth any unresolved objections, the grounds for those objections, and the probation officer’s comments on the objections. At the same time, the probation officer must furnish the revisions of the presentence report and the addendum to the defendant, the defendant’s counsel, and the attorney for the Govern- ment. (D) Except for any unresolved objection under subdivision (b)(6)(B), the court may, at the hearing, accept the presentence re- port as its findings of fact. For good cause shown, the court may allow a new objection to be raised at any time before imposing sen- tence.

Disclosure and Objections. (A) Not less than 35 days before the sen- tencing hearing—unless the defendant waives this minimum period—the probation officer must furnish the presentence report to the defendant, the defendant’s counsel, and the attorney for the Government. The court may, by local rule or in individual cases, direct that the probation officer not disclose the probation officer’s recommenda- tion, if any, on the sentence. (B) Within 14 days after receiving the pre- sentence report, the parties shall commu- nicate in writing to the probation officer, and to each other, any objections to any ma- TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE terial information, sentencing classifica- tions, sentencing guideline ranges, and pol- icy statements contained in or omitted from the presentence report. After receiving ob- jections, the probation officer may meet with the defendant, the defendant’s counsel, and the attorney for the Government to dis- cuss those objections. The probation officer may also conduct a further investigation and revise the presentence report as appro- priate. (C) Not later than 7 days before the sen- tencing hearing, the probation officer must submit the presentence report to the court, together with an addendum setting forth any unresolved objections, the grounds for those objections, and the probation officer’s comments on the objections. At the same time, the probation officer must furnish the revisions of the presentence report and the addendum to the defendant, the defendant’s counsel, and the attorney for the Govern- ment. (D) Except for any unresolved objection under subdivision (b)(6)(B), the court may, at the hearing, accept the presentence re- port as its findings of fact. For good cause shown, the court may allow a new objection to be raised at any time before imposing sen- tence.

Disclosure and Objections. (A) Not less than 35 days before the sen- tencing hearing—unless the defendant waives this minimum period—the probation officer must furnish the presentence report to the defendant, the defendant’s counsel, and the attorney for the Government. The court may, by local rule or in individual cases, direct that the probation officer not disclose the probation officer’s recommenda- tion, if any, on the sentence. (B) Within 14 days after receiving the pre- sentence report, the parties shall commu- nicate in writing to the probation officer, and to each other, any objections to any ma- TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE terial information, sentencing classifica- tions, sentencing guideline ranges, and pol- icy statements contained in or omitted from the presentence report. After receiving ob- jections, the probation officer may meet with the defendant, the defendant’s counsel, and the attorney for the Government to dis- cuss those objections. The probation officer may also conduct a further investigation and revise the presentence report as appro- priate. (C) Not later than 7 days before the sen- tencing hearing, the probation officer must submit the presentence report to the court, together with an addendum setting forth any unresolved objections, the grounds for those objections, and the probation officer’s comments on the objections. At the same time, the probation officer must furnish the revisions of the presentence report and the addendum to the defendant, the defendant’s counsel, and the attorney for the Govern- ment.. TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE (D) Except for any unresolved objection under subdivision (b)(6)(B), the court may, at the hearing, accept the presentence re- port as its findings of fact. For good cause shown, the court may allow a new objection to be raised at any time before imposing sen- tence.