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What Is PSR In Federal Court

What Is PSR In Federal Court

PSR means Presentence Report (or Presentence Investigation Report) – comprehensive document U.S. Probation Office prepares investigating defendant’s background and recommending sentence to judge. PSR is prepared after conviction or guilty plea and before sentencing. It contains criminal history, personal background, offense conduct, victim impact, financial information, guidelines calculations, and sentencing recommendation. Federal judges rely heavily on PSR when determining sentences. PSR establishes facts about your case, calculates your sentencing guidelines range, and influences judge’s ultimate sentencing decision. Errors in PSR can significantly increase your sentence. You have right to review PSR and object to inaccuracies before sentencing.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We’ve reviewed hundreds of PSRs and successfully corrected errors that would have increased clients’ sentences. PSR review is one of most critical tasks in federal sentencing preparation. Understanding PSR contents and objection process protects your rights and can reduce your sentence by years.

Why PSR Matters

PSR is foundation of federal sentencing. Judges receive PSR before sentencing hearing and use it to understand case facts, calculate guidelines, and determine appropriate sentence. Probation officers conduct thorough investigations and present findings neutrally. Courts respect probation office’s work and presume PSR facts are correct unless defendant proves errors. PSR recommendations carry substantial weight – if probation officer recommends below-guidelines sentence, judge is more likely to grant it. PSR becomes part of permanent record and follows you to prison – Bureau of Prisons uses PSR for custody classifications, program placements, and release planning.

Errors in PSR directly harm defendants. Incorrect criminal history scores add months or years to guidelines. Overstated loss amounts in fraud cases dramatically increase offense levels. Mischaracterized roles in offense trigger enhancements. Every factual error must be identified and corrected through objections.

PSR Contents

Part A – Offense Conduct: Detailed narrative describing crimes, how committed, defendant’s role, criminal conduct beyond charged offenses (relevant conduct), co-defendants and their roles. Part B – Criminal History: All prior adult arrests and convictions with dates, charges, sentences. Juvenile adjudications if relevant. Each prior counted for criminal history points under guidelines. Part C – Offender Characteristics: Personal and family data, physical and mental health, substance abuse history, education and vocational skills, employment record, financial condition including assets and liabilities.

Part D – Sentencing Options: Statutory penalties, guideline calculations (base offense level, specific offense characteristics, adjustments, criminal history category, guideline range), departures and variances, alternatives to incarceration if applicable. Part E – Factors Under 18 U.S.C. § 3553(a): Analysis of sentencing factors judge must consider. Part F – Impact on Victims: Victim statements, restitution calculations. Part G – Recommendation: Probation officer’s sentencing recommendation with reasoning. Addendum: Responses to objections filed by parties.

Common PSR Issues

Criminal history errors – prior offenses incorrectly dated or described, sentences improperly calculated for points, offenses that should be excluded under guidelines counted anyway, similar offenses not properly grouped. Offense level errors – base offense level incorrect for charged offense, wrong enhancements applied (role, amount, vulnerable victims, obstruction), reductions not applied when defendant qualifies (acceptance of responsibility, minor role, safety valve). Loss calculations in fraud cases – overstated victim losses, improper inclusion of amounts not caused by defendant, failure to deduct recovered amounts, intended loss vs. actual loss disputes.

Drug quantity disputes – higher quantities attributed to defendant than evidence supports, drugs from uncharged conduct improperly included, failure to limit quantities to those reasonably foreseeable to defendant in conspiracy. Role disputes – characterized as leader or organizer when role was minor, enhancement for abuse of trust improperly applied, failure to recognize minor or minimal participant status. These errors compound – each mistake adds offense levels or criminal history points, multiplying impact on final guideline range.

Objecting to PSR

Draft PSR provided 35 days before sentencing. Defense has 14 days to file written objections. Object to any factual inaccuracy, guideline miscalculation, or unfair characterization. Objections must be specific – identify paragraph containing error, state correct information, explain why PSR is wrong, provide supporting documentation or citations. Probation office responds in addendum – agrees with objection and corrects PSR, or disagrees and explains why. If probation disagrees, objection goes to judge at sentencing. At sentencing hearing, parties present evidence and argument on disputed issues. Judge resolves by preponderance of evidence and issues findings.

Strategic objections focus on issues that significantly affect guidelines or that judge is likely to rule in defendant’s favor. Some objections (like loss amounts or drug quantities) require expert testimony or detailed documentation. Other objections (like criminal history scoring) involve guideline interpretation questions. Successful objections reduce guideline ranges, sometimes dramatically. Missing objection deadline waives issues – cannot raise them at sentencing or on appeal.

Todd Spodek reviews PSRs meticulously, identifying errors others miss. PSR objections have reduced clients’ guideline ranges by multiple offense levels. When you’re facing federal sentencing and receive PSR, call 212-300-5196 for experienced review and objections that can save years of your sentence.

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