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United States v. Prince

March 3, 2009

UNITED STATES OF AMERICA PLAINTIFF
v.
ANTHONY PRINCE DEFENDANT



The opinion of the court was delivered by: Judge Jones

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: The Court orally from the bench directed the preparation of a pre-sentence report and set July 27, 2009 at 10:00 a.m. for a pre-sentence conference in the Judge's Office in Williamsport. The purpose of this order is to reduce the same to writing and to prescribe the practice relating to the preparation of the pre-sentence report, the resolution of disputed facts, and the use of the report by counsel and the Court in arriving at a fair sentence.

NOW, THEREFORE, IT IS ORDERED THAT:

1. Interview of Defendant. The Probation Officer shall notify defense counsel of the time and place where the Probation Officer proposes to interview the Defendant for purposes of preparing the pre-sentence report and defense counsel shall be entitled to be present at such interview.

1.1 To assist in answering inquiries of the Probation Officer;

1.2 To assist in resolving factual issues in question;

1.3 To assist in evaluating potential disposition under specialized sentencing procedures such as the Narcotic Rehabilitation Act, 18 U.S.C. §4251, if such specialized sentencing procedures are applicable;

1.4 To protect the Defendant against incrimination regarding other pending indictments and investigations or both; and

1.5 to protect the Defendant's rights with respect to any appeal of the conviction.

2. Defendant's Suggestions to Probation Officer. The Probation Officer shall in preparation of the pre-sentence report consider any sentence or correctional proposals which Defendant or his counsel may have suggested and also consider any specific factual and opinion evidence relating to Defendant's physical or mental condition which Defendant or his counsel may have suggested.

3. Disclosure of Pre-sentence Report. The Probation Officer shall within forty (40) days after this order disclose the pre-sentence report to the Defendant, to counsel for the Defendant, and to counsel for the government. The pre-sentence report shall be deemed to have been disclosed by the Probation Officer (1) when a copy of the report is physically delivered, (2) one day after the report's availability for inspection is orally communicated, or (3) three days after a copy of the report or notice of its availability is mailed. This order does not require the disclosure of any portions of the pre-sentence report that are not disclosable under Rule 32 of the Federal Rules of Criminal Procedure because they contain diagnostic opinions which, if disclosed, might seriously disrupt a program of rehabilitation, or sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the Defendant or other persons.

Defense counsel shall promptly familiarize himself or herself with the contents of the pre-sentence report, including the evaluative summary, and any special medical or psychiatric reports pertaining to the Defendant. The Probation Officer shall delete from the copy of the pre-sentence report to be supplied to the Defendant any medical or psychiatric data, knowledge of which may be detrimental to the Defendant's well-being. The Probation Officer shall notify counsel for both sides what portions, if any, of the report are being withheld from the Defendant under Rule 32 of the Federal Rules of Criminal Procedure.

Within fifteen (15) days after such disclosure of the pre-sentence report by the Probation Officer, defense counsel shall discuss the report with the Defendant, excluding from such discussion any portions not disclosable as above provided.

4. Objections to Pre-sentence Report. Within fifteen (15) days after such disclosure by the Probation Officer counsel shall communicate to the Probation Officer any objections which counsel may have as to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report. Such communication may be oral or written but if oral shall promptly be reduced to writing ...


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