Federal Rules of Criminal Procedure 32(e)
Listed by: DoD Registry, Related authorities
Designation evidence
- DoD authority row: Federal Rules of Criminal Procedure 32(e). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- FEDERAL RULES
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- DoD category scope used with this authority: A report generally prepared to assist the court in determining the most appropriate sentence for a defendant. It can include an assessment of the nature and seriousness of the offense and should contain details summarizing the background information of the defendant and the crime.
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: A report, generally prepared to assist the court in determining the most appropriate sentence for a defendant. It can include an assessment of the nature and seriousness of the offense and should contain details summarizing the background information of the defendant and the crime.
- DoD category scope: A report generally prepared to assist the court in determining the most appropriate sentence for a defendant. It can include an assessment of the nature and seriousness of the offense and should contain details summarizing the background information of the defendant and the crime.
- Extracted authority condition: The presentence report must also contain the following: (A) the defendant’s history and characteristics, includ- ing: (i) any prior criminal record; (ii) the defendant’s financial condition; and (iii) any circumstances affecting the defendant’s be- havior that may be helpful in imposing sentence or in correctional treatment; (B) information that assesses any financial, social, psy- chological, and medical impact on any victim; (C) when appropriate, the nature and extent of nonprison programs and resources available to the defendant; (D) when the law provides for restitution, information sufficient for a restitution order; (E) if the court orders a study under 18 U.S.C. § 3552(b), any resulting report and recommendation; (F) a statement of whether the government seeks forfeit- ure under Rule 32.2 and any other law; and (G) any other information that the court requires, in- cluding information relevant to the factors under 18 U.S.C. § 3553(a).
- Extracted authority condition: The presentence report must exclude the fol- lowing: (A) any diagnoses that, if disclosed, might seriously dis- rupt a rehabilitation program; (B) any sources of information obtained upon a promise of confidentiality; and (C) any other information that, if disclosed, might result in physical or other harm to the defendant or others.
- Extracted authority condition: At sentencing, the court: (A) must verify that the defendant and the defendant’s attorney have read and discussed the presentence report and any addendum to the report; (B) must give to the defendant and an attorney for the government a written summary of—or summarize in cam- era—any information excluded from the presentence re- port under Rule 32(d)(3) on which the court will rely in sen- tencing, and give them a reasonable opportunity to com- ment on that information; (C) must allow the parties’ attorneys to comment on the probation officer’s determinations and other matters re- lating to an appropriate sentence; and (D) may, for good cause, allow a party to make a new ob- jection at any time before sentence is imposed.
Safeguarding and dissemination controls
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic
- Nara authority rows: Federal Rules of Criminal Procedure | status: Basic | banner: CUI
- Nara banner markings: CUI
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: The presentence report must exclude the fol- lowing: (A) any diagnoses that, if disclosed, might seriously dis- rupt a rehabilitation program; (B) any sources of information obtained upon a promise of confidentiality; and (C) any other information that, if disclosed, might result in physical or other harm to the defendant or others.
- Extracted authority control: Proceedings Prior to and Including Verdict By act of June 29, 1940, ch. 445, 54 Stat. 688 (subsequently 18 United States Code, § 3771), the Supreme Court was authorized to prescribe general rules of criminal procedure prior to and includ- ing verdict, finding of guilty or not guilty by the court, or plea of guilty, in criminal proceedings.
- Extracted authority control: Proceedings After Verdict By act of February 24, 1933, ch. 119, 47 Stat. 904, as amended (sub- sequently 18 United States Code, § 3772), the Supreme Court was authorized to prescribe general rules of criminal procedure with respect to proceedings after verdict or finding of guilty by the court, or plea of guilty, which became effective on dates fixed by the Court.
Authority excerpts
Extracted authority passage 2
The presentence report must exclude the fol- lowing: (A) any diagnoses that, if disclosed, might seriously dis- rupt a rehabilitation program; (B) any sources of information obtained upon a promise of confidentiality; and (C) any other information that, if disclosed, might result in physical or other harm to the defendant or others.
Extracted authority passage 4
Proceedings Prior to and Including Verdict By act of June 29, 1940, ch. 445, 54 Stat. 688 (subsequently 18 United States Code, § 3771), the Supreme Court was authorized to prescribe general rules of criminal procedure prior to and includ- ing verdict, finding of guilty or not guilty by the court, or plea of guilty, in criminal proceedings.
Extracted authority passage 5
Proceedings After Verdict By act of February 24, 1933, ch. 119, 47 Stat. 904, as amended (sub- sequently 18 United States Code, § 3772), the Supreme Court was authorized to prescribe general rules of criminal procedure with respect to proceedings after verdict or finding of guilty by the court, or plea of guilty, which became effective on dates fixed by the Court.
Extracted authority passage 6
The presentence report must also contain the following: (A) the defendant’s history and characteristics, includ- ing: (i) any prior criminal record; (ii) the defendant’s financial condition; and (iii) any circumstances affecting the defendant’s be- havior that may be helpful in imposing sentence or in correctional treatment; (B) information that assesses any financial, social, psy- chological, and medical impact on any victim; (C) when appropriate, the nature and extent of nonprison programs and resources available to the defendant; (D) when the law provides for restitution, information sufficient for a restitution order; (E) if the court orders a study under 18 U.S.C. § 3552(b), any resulting report and recommendation; (F) a statement of whether the government seeks forfeit- ure under Rule 32.2 and any other law; and (G) any other information that the court requires, in- cluding information relevant to the factors under 18 U.S.C. § 3553(a).