The Northern District of California Local Rules Committee invites public comment on a proposed amendment to Criminal Local Rule 32-6: Sentencing Proceedings.  Comments may be submitted in writing to by Wednesday, September 30, 2020.

Please note that comments submitted in response to this Notice may be published on the Court’s website or otherwise released to the public.

The proposed amendment to Criminal Local Rule 32-6 adds a new subsection 32-6(b)(3) that clarifies the disclosure and confidentiality requirements for the “Statement of Reasons” form issued under 18 U.S.C. § 3553(c)(1).

A red-lined version of Criminal Local Rule 32-6 follows (proposed amendments are in red text):

32-6. Sentencing Proceedings

(a) Form of Judgment. After imposition of sentence, without unnecessary delay, the Court shall enter judgment on the form entitled “Judgment in a Criminal Case” adopted by the Administrative Office of the United States Courts.

(b) Statement of Reasons. The Court provides a statement of reasons pursuant to 18 U.S.C. § 3553(c)(1) when:

(1) The Court completes and attaches the form entitled “Statement of Reasons” to the form of judgment entered pursuant to Crim. L.R. 32-6(a); or

(2) The sentencing Judge states in open court the reason for imposing a sentence and orders the court reporter or recorder to prepare immediately a transcript of the proceedings, which the Clerk shall attach to the judgment form required by Crim. L.R. 32-6(a). The court reporter or recorder shall deliver a copy of the transcript to the Probation Officer.

(3) Disclosure of Statements of Reasons. A statement of reasons is a confidential record of the Court. Except as otherwise authorized by statute, federal rule or regulation or unless expressly authorized by order of the Court, such records shall be disclosed only to the Court, court personnel, the defendant, defense counsel and the attorney for the government.

(c) Record of Finding Regarding Accuracy of Presentence Report. When the sentencing Judge makes a finding with respect to the accuracy of the presentence report pursuant to Fed. R. Crim. P. 32(c)(1), the Judge shall be deemed to have provided a record of the finding if he or she:

(1) Includes the finding in the statement of reasons pursuant to Crim. L.R. 32-6(b)(1) or (2); or

(2) Orders the Probation Officer to incorporate the finding in an addendum to the final presentence report, a copy of which shall be provided to the Court and the parties at least 5 days before the final presentence report is submitted to the Bureau of Prisons.

Northern District of California Local Rules Committee

District Judge Richard Seeborg

Chief District Judge Phyllis J. Hamilton
District Judge James Donato
Magistrate Judge Sallie Kim
Magistrate Judge Susan van Keulen