In re Sealing Presentence Reports and Statement

Full title: IN RE SEALING PRESENTENCE REPORTS AND STATEMENTS OF REASONS

Court: United States District Court, N.D. Iowa

Date published: Jan 7, 2001

NO. 1509 (N.D. Iowa Jan. 7, 2001)

Opinion

NO. 1509.

January 7, 2001.

ADMINISTRATIVE ORDER

MARK W. BENNETT, United States District Chief Judge and MICHAEL J. MELLOY, United States District Judge

Pursuant to the Directors August 13, 2001 memo entitled "Policy Change Restricting Routine Public Disclosure of the Statement of Reasons and Revised Forms for Judgments in Criminal Cases (A0245B-A02451)", the Court has determined that the following procedures shall be followed with respect to Presentence Reports and Statement of Reasons in this district.

ACCORDINGLY IT IS ORDERED

1. That after sentencing, the presentence report, along with the "statement of reasons", shall be filed and maintained under seal by the clerk.

2. The probation officer's confidential recommendation shall be filed and maintained under seal by the clerk, separate from the presentence report, and is not subject to disclosure pursuant to Rule 32(b)(6) and Administrative Order in the Matter of Guideline Sentencing Procedure for the United States District Court for the Northern and Southern Districts of Iowa, dated December 5, 1994.

3. Counsel shall not disseminate their copy of the presentence investigation report except to the extent provided by F.R.Cr.P 32 and Title 18 U.S.C. § 3552(d).

Ordered.