Tuesday, July 12th, 2016

The PSR Must be Read AND DISCUSSED

DISCUSS

In today’s United States v. Richards, the Second Circuit emphasized the importance of strictly adhering to Federal Rule of Criminal Procedure 32(i)(1)(A), which requires a judge to “verify that the defendant and the defendant’s attorney have read and discussed the presentence report and any addendum to the report.”  The Circuit implied that, where the “discussion” is not confirmed, raising that issue on appeal may require reversal.

Posted by
Categories: Rule 32
Comments are closed.