Georgia Southern District Court Local Rules

LOCAL RULES - CRIMINAL (continued)

LCrR 32. SENTENCE AND JUDGMENT

LCrR 32.1 Conditions of Probation and/or Supervised Release. All persons placed on probation or supervised release will abide by the following general conditions:

(1) You shall not leave the judicial district without permission of the Court or probation officer.

(2) You shall report to the probation officer as directed by the Court or probation officer, and shall submit a truthful and complete written report within the first five days of each month.

(3) You shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.

(4) You shall support your dependents and meet other family responsibilities.

(5) You shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reason.

(6) You shall notify the probation officer within seventy-two hours of any change in residence or employment.

(7) You shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substance, except as prescribed by a physician.

(8) You shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.

(9) You shall not associate with any person engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer.

(10) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer.

(11) You shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement official.

(12) You shall not enter into any agreement to act as an informer or special agent of a law enforcement agency without the permission of the Court.

(13) As directed by the probation officer, you shall notify third parties of risks that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm your compliance with such notification requirement.

LCrR 32.2 Disclosure of Presentence or Probation Records. To comply with Federal Rule of Criminal Procedure 32 and 18 U.S.C. § 3552, the probation officer shall, as soon as practical, but no later than twenty-five (25) calendar days after the entry of a plea of guilty or verdict of guilty after trial, provide a copy of the preliminary draft of the presentence report to counsel for the defense and counsel for the government. Counsel for the defense shall disclose the presentence report to the defendant. Neither the preliminary draft nor the final presentence report provided to counsel for the defense and government shall be reproduced, except that, pursuant to 18 U.S.C. § 3552(d), the attorney for the government shall provide a copy of the presentence report to an attorney in the Financial Litigation Unit of the United States Attorney's Office for use in collecting any assessment, criminal fine, forfeiture and/or restitution imposed. The preliminary draft of the presentence report shall be returned to the probation officer immediately upon receipt of the revised presentence report. Counsel for the defense and counsel for the government shall have fourteen (14) calendar days from the date of the receipt of the preliminary draft of the presentence report to file objections with the probation officer. Thereafter, the probation officer shall have fourteen (14) calendar days from the date of the receipt of counsel's objections to provide a copy of the final presentence report to the Court and counsel for the defense and the government. The final presentence report shall include an addendum advising the Court of any unresolved issues. The sentencing hearing shall be held as provided by law.

Otherwise, no confidential records of this Court maintained by the probation office, including presentence and probation supervision records, shall be sought by any applicant except by written petition to this Court, establishing with particularity the need for specific information in the records.

(a) When a demand for disclosure of presentence and probation records is made, by way of subpoena or other judicial process, to a probation officer of this Court, the probation officer may file a petition seeking instruction from the Court with respect to responding to the subpoena.

(b) Whenever a probation officer is subpoenaed for such records, he shall petition the Court, in writing, for authority to release documentary records or produce testimony with respect to such confidential Court information.

LCrR 32.3 Continuing Control of Court. Any copy of a presentence report which the Court makes available, or has made available, to the United States Parole Commission or the Bureau of Prisons constitutes a confidential Court document and shall be presumed to remain under the continuing control of the Court during the time it is in the temporary custody of these agencies. Such copy shall be lent to the Parole Commission and the Bureau of Prisons only for the purpose of enabling those agencies to carry out their official functions, including parole release and supervision, and shall be returned to the Court upon request. Disclosure of a report is authorized only so far as necessary to comply with 18 U.S.C. § 4208(b)(2) and established case law.

LCrR 32.4 Notice of Confidential Nature. Any copy of any presentence report which the Court makes available to the United States Parole Commission or the Bureau of Prisons shall be marked prominently and distinctly on the cover sheet and the first and last pages of such report as follows: Confidential. Property of U.S. Court submitted for official use of U. S. Parole Commission and Federal Bureau of Prisons, to be returned upon request. Disclosure only to comply with 18 U.S.C. § 4208(b)(2) and established case law.

LCrR 32.5 Remittitur. Upon receipt of a remittitur from the appellate court in a criminal case, when the judgment of this Court has been affirmed or the appeal dismissed, the Clerk shall immediately file said remittitur, and so notify counsel and the defendant. At the same time, the Clerk shall provide to the United States Marshal for this District, copies of the judgment and commitment and remittitur.

LCrR 32.6 Notice to Defendants. Where a defendant, after a judgment of conviction in a criminal case, has been released on an appeal bond, and the judgment of conviction has been affirmed by the appellate court, or the appeal has been dismissed, upon filing in this Court of the remittitur from the appellate court, or upon the filing of the notice of the dismissal of the appeal:

(a) The Clerk of this Court shall immediately notify the defendant, counsel for the defendant, and the sureties of his bond of such affirmance or dismissal by registered or certified mail, to their last known address, mailing a copy of such notice to the United States Attorney and the United States Marshal; and

(b) Within ten (10) days after such notice by the Clerk, the United States Marshal shall notify the defendant when and where to report to the institution designated by the Bureau of Prisons to abide the sentence. Upon failure of the defendant to surrender as directed, the Marshal shall report such fact to the United States Attorney, and the bond of such defendant shall be subject to forfeiture without further notice.

LCrR 33 through 42. See Federal Rules of Criminal Procedure 33 through 42.

LCrR 43. PRESENCE OF THE DEFENDANT

LCrR 43.1 Presumption of Presence. Unless the contrary appears affirmatively in the record, it will be presumed that the parties and their counsel were present at all stages of the trial, or if absent, that their absence was voluntary and constituted a waiver of their presence.

LCrR 44. RIGHT TO COUNSEL

LCrR 44.1 Indigent Defendants. The appointment of counsel and counsel's obligations to the representation of indigent defendants in criminal proceedings pursuant to Rule 44 of the Federal Rules of Criminal Procedure shall be in accordance with the "Plan of United States District Court for the Southern District of Georgia Pursuant to the Criminal Justice Act of 1964 as Amended," which plan is of record in each of the divisional offices of the Clerk of this Court. See also, LR 83.11.

LCrR 45. See Federal Rules of Criminal Procedure 45.

Continue to Local Criminal Rule 46...