Amended Federal Sentencing Discovery Rule 32.1

by: Joseph M. Sembrot

As of December 1, 2012, the U.S. District Court for the Middle District of Pennsylvania has amended its Local Criminal Rule 32.1 to require the Government to provide the defendant with a copy of discovery material provided to the Probation Officer to prepare a Pre-Sentence Report. L.Cr.R. 32.1(d). The Rule change will promote due process and fairness in the proceedings.

In many jurisdictions, including both the Eastern and Western Districts of Pennsylvania, Rule 32 does not require such discovery or disclosure.

In addition, amended Rule 32.1(c) requires the Government to provide the defendant with a comprehensive statement of offense conduct and supporting documentation within 7 days of guilty verdict, or entry of guilty plea or no contest plea. Again, neither the Eastern nor Western Districts of Pennsylvania have such a rule or requirement.

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