COUNSEL MUST OBJECT TO INNACTURATE FACTS AND OMISSIONS IN THE PRESENTENCE REPORT

(f) Objecting to the Report.

(1) Time to Object. Within 14 days after receiving the presentence report, the parties must state in writing any objections, including objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the report.

Counsel must object to Inaccurate Facts and Omissions in the Presentence Report. As it will follow you for the rest of your life, It Truly Is The Gift That Keeps on Giving.

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Once your attorneys, the prosecutor, and the court have made final rulings on all objections and before the PSR is sent to the BOP, counsel must ensure that the report is updated per the court’s ruling.

  • Asking any court to amend the PSR after sentencing asks the judge to (possibly) change positions he/she has already [adopted as accurate.
  • Even if this can be done – a big if – the amendment process can take years and many attorney hours to complete, not considering the attorney’s hourly fees.

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