U.S. v. Roberson, 1:17-cr-00211. (2018)
Court: District Court, E.D. California
Number: infdco20181029606
Visitors: 15
Filed: Oct. 26, 2018
Latest Update: Oct. 26, 2018
Summary: STIPULATION REGARDING PRE-SENTENCE INVESTIGATION REPORT; FINDINGS AND ORDER LAWRENCE J. O'NEILL , Chief District Judge . 1. Local Rule 460 states that "presentence reports . . . are confidential records of the United States District Court." Disclosure is prohibited absent order of the Court. L.R. 460(a). Requests for disclosure must be in writing and must articulate the need for specific items of information within the report. Id. at 460(b). 2. Courts may disclose PSRs when they determin
Summary: STIPULATION REGARDING PRE-SENTENCE INVESTIGATION REPORT; FINDINGS AND ORDER LAWRENCE J. O'NEILL , Chief District Judge . 1. Local Rule 460 states that "presentence reports . . . are confidential records of the United States District Court." Disclosure is prohibited absent order of the Court. L.R. 460(a). Requests for disclosure must be in writing and must articulate the need for specific items of information within the report. Id. at 460(b). 2. Courts may disclose PSRs when they determine..
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STIPULATION REGARDING PRE-SENTENCE INVESTIGATION REPORT; FINDINGS AND ORDER
LAWRENCE J. O'NEILL, Chief District Judge.
1. Local Rule 460 states that "presentence reports . . . are confidential records of the United States District Court." Disclosure is prohibited absent order of the Court. L.R. 460(a). Requests for disclosure must be in writing and must articulate the need for specific items of information within the report. Id. at 460(b).
2. Courts may disclose PSRs when they determine that it is in the interest of justice to do so. United States v. Schlette, 842 F.2d 1574, 1579 (9th Cir. 1988). They may also release when the need for confidentiality is outweighed by the need for disclosure." Id. Here, disclosure is in the interest of justice. The court has read and considered a PSR from a previous sentencing, in case 1:13-cr-0342, and that report specifically recommended an increased sentence for Mr. Roberson. Defense counsel John Meyer (Counsel) was not the attorney in that case, and has not read that PSR. Disclosure of the report to Counsel will the defense the opportunity to address concerns the PSR expressed regarding HEATH ROBERSON, and to better prepare for sentencing.
3. As such, the parties stipulate that the court shall order the Probation Department to disclose to Counsel the probation report prepared for case 1:13-cr-0342.
IT IS SO STIPULATED.
FINDINGS AND PROTECTIVE ORDER
IT IS SO FOUND.
IT IS SO ORDERED.
Source: Leagle
