By: James W. Kraus
The U.S. District Court for the Middle District of Pennsylvania has given notice that it has adopted a new local Rule of Criminal Procedure 32.1, effective December 1, 2012. The new rule covers presentence procedure from the verdict or plea of guilty through the hearing on sentencing.
The Rule specifically provides in 32.1(d) that the “government shall provide to the defendant’s counsel a copy of any documentary information provided to the probation officer to be considered in preparation of the presentence report at the same time it is provided to the probation officer.” The Rule further provides that the defendant or defendant’s counsel may submit documentary information of their own to probation and counsel for the government. This provision is notable for its codification of affirmative documentary disclosure requirements by the government in the pre-sentencing phase.
The U.S. District Court for the Western District of Pennsylvania has also recently proposed amendments to rules regarding sentencing, including changes to timing for sentencing proceedings, and procedures for administrative resolution of disputes regarding facts or factors material to sentencing contained in the presentence investigation report. The proposed changes by the Western District do not include any requirements that the government provide defendant’s counsel a copy of any documentary evidence provided to or considered by the probation officer in the preparation of presentence report. The Western District has solicited comments upon the proposed rule changes. Anyone interested in providing comments to the changes to the Western District must do so by November 23, 2012 by either email (firstname.lastname@example.org) or by mail to Clerk of Court.
Pietragallo partners John Schwab and Jim Kraus will be discussing topics related to federal criminal practice in a four-hour symposium hosted by the Allegheny County Bar Association on Friday, April 24th, 2020. Do you have your first criminal case in Federal Court or do you practice criminal defense and need a refresher on the specifics… Read more »Read More
PITTSBURGH and PHILADELPHIA, PA (May 10, 2019) – Twenty Pietragallo Gordon Alfano Bosick & Raspanti, LLP attorneys were named to the 2019 Pennsylvania Super Lawyers and Rising Stars list, including founding partner William Pietragallo, II. These designations are awarded to lawyers who received the highest point totals in the Pennsylvania Super Lawyers2019 nomination, research, and review process, an honor reserved… Read more »Read More
On Tuesday, July 14th, Pietragallo Partner Pamela Coyle Brecht will host a panel presentation to all members of the Qui Tam section of the Federal Bar Association (FBA). The panel will include compliance counsel, defense counsel, and relator’s counsel who will discuss several areas related to the False Claims Act under the program title, “How… Read more »Read More
Pietragallo Partner Douglas K. Rosenblum will be presenting at PBI’s upcoming program, “Intellectual Property Law Institute 2020” on Tuesday, July 28th, 2020. Mr. Rosenblum’s segment is titled, “Trials and Tribulations of Virtual Hearings, Depositions, etc. in the Age of Covid-19.” This year marks the 14th anniversary of the ‘IP Institute’ and the program will be… Read more »Read More