If a federal presentence investigation report (PSR) contains a concrete factual error or disputed guideline information, give your lawyer the exact page and paragraph and the record that supports your correction as soon as you receive it. Under Federal Rule of Criminal Procedure 32(f), written objections are generally due within 14 days after you receive the report. The court may change Rule 32 time limits for good cause, so have counsel check the order in your case; do not wait for sentencing or rely on a late-objection exception.
The report is normally provided to you, defense counsel, and the prosecutor at least 35 days before sentencing, unless you waive that minimum. Rule 32 allows a local rule or court order to keep the probation officer’s sentencing recommendation from the parties. If a section is missing, ask counsel whether it was properly withheld before treating that as an error. (Rule 32(e).)
Make the objection specific
Rule 32 permits written objections to material information in the report, including a stated or omitted guideline range or policy statement. (Rule 32(f)(1).) A focused comparison helps counsel assess the issue:
| Give counsel | What to identify |
|---|---|
| Report location | Page, paragraph, table, or calculation that concerns you. |
| What is wrong or missing | The exact statement or calculation, and what you believe the report should say instead. |
| Supporting records | The judgment or charging record, prior-case disposition, custody-date records, or other source document that addresses the point. Give counsel complete copies. |
| Why it matters | Whether the issue concerns a fact, criminal-history entry, guideline range, policy statement, or another material item. You do not need to calculate a replacement sentence yourself. |
Disagreeing with a probation officer’s sentencing recommendation is not the same as identifying a factual error. Tell counsel what the report says, what record you believe conflicts with it, and what part of the sentencing analysis it may affect. Do not alter the report yourself or post a confidential report or personal records online.
What happens after a written objection
Counsel serves the written objections on the opposing party and probation officer. The probation officer may investigate the disputed point and revise the report. At least 7 days before sentencing, probation generally gives the court and parties a final report and an addendum describing unresolved objections, their grounds, and probation’s comments. (Rule 32(f)–(g).)
At sentencing, the court verifies that you and your lawyer had an opportunity to read and discuss the report and addendum, and lets you comment. For a disputed portion or other controverted matter, the court must rule on it or state that no ruling is needed because it will not affect, or be considered in, sentencing. The court may accept undisputed portions as facts. A written objection does not by itself change the report or guarantee a different guideline range or sentence. (Rule 32(i)(1)–(3).)
Rule 32 lets the court change its time limits for good cause and permits a new objection for good cause before sentence. (Rule 32(b)(2), (i)(1)(D).) Those provisions do not make delay a safe plan. If the deadline is close, a disputed point remains unresolved, or sentencing is approaching, contact counsel promptly with the report and source records.
This process is for a federal sentencing report. California presentence reports follow different procedures and deadlines; do not use a California report’s timeline for a federal PSR.
If you have received a federal PSR in a California-connected case, the Law Offices of David S. Chesley can review the report and related case papers with you. Call (800) 755-5174.