PRESENTENCE INVESTIGATION

After a person is found guilty or pleads guilty the United States probation officer must conduct a pre-sentence investigation and submit a report to the court before it imposes sentence. This is known as a Pre-Sentence Report (PSR). The probation officer must give the pre-sentence report to the defendant, the defendant's attorney, and an attorney for the government at least 35 days before sentencing unless the defendant waives this minimum period. Within 14 days after receiving the pre-sentence report, the Government and the Defendant must state in writing any objections, including objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the report. 

Upon being convicted or pleading  guilty it is best that you immedtialy begin to prepare for the interview. This requires you to obtain documents and other items to give to the Probation officer.These documents should be copied and placed into a PDF file which will be delivered by your attorney or you to the officer prior to the interview. The documents needed for the PSR interview generally are as follows: 

*Birth certificate

• Social Security card

• Driver’s license or state issued photo identification

• School diplomas and professional certificates/licenses

• Proof of residence (mortgage commitment or lease and rental receipts)

• Military discharge certificate

• Marriage certificate and/or divorce decree

• Child support orders

• Bankruptcy petitions/Bankruptcy discharge papers

• Income tax returns, including all schedules, statements, and W-2 forms for the last 3 years

• Employment verification (pay stubs)

• Immigration documentation (alien registration or naturalization certificate)

• Passports

• Medical records/reports and a list of all prescribed medications

• Department of Human Services/Board of Social Services/public assistance records

The Probation Officer is required to determine your financial situation and report it to the government and the Court. It is very very important that you be entirely honest and transparent with your probation officer about your finances and all other matters during the interview. You will be required to submit the following: 

(1) DECLARATION OF DEFENDANT OR OFFENDER NET WORTH & CASH FLOW STATEMENTS  

(2) Monthly Cash Flow Statement

(3) Net Worth Statement

and various other releases, disclosures, and documents. Please find documents below which will give you an example and help you to prepare for the interview. 

 Within 14 days after receiving the pre-sentence report, the Government and the Defendant must state in writing any objections, including objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the report. These objections are very important and help to lower your potential sentencing range if the court finds you are correct. This is one of the most important parts of the case after a finding or plea of guilty. Usharovich has been successful in  presenting objections and lowering ranges as to: 

(1) the applicability of 4C.1.1 zero point offenders in Machine gun and silencer possession cases. 18 USC 922(o)

(2) objections in relation to losses with Federal Riot and incitement violations under 18 U.S. Code § 210.

(3) objections in relation to obstruction enhancements presented in bribery and false statements 18 U.S. Code § 666, 18 U.S.C. § 1001