The Presentence Report (PSR): What It Is and How to Object

A presentence report, or PSR, is a report a federal probation officer writes for the judge before sentencing. It describes the offense, the person's background and criminal record, and the officer's calculation of the Sentencing Guidelines range. The investigation behind it is called the presentence investigation, or PSI (Fed. R. Crim. P. 32(c)–(d)).

The report matters twice. The judge relies on it at sentencing, and the Bureau of Prisons (BOP) receives a copy after sentencing. So a mistake left uncorrected can follow a person for years.

This page explains the federal process under Rule 32 of the Federal Rules of Criminal Procedure. It is general information, not legal advice for your case.

What is a presentence investigation?

After a guilty plea or a guilty verdict, the probation officer must investigate and write a report before the judge imposes a sentence. The only exceptions are when a statute says otherwise or when the judge finds the record already has enough information and explains that finding on the record (Fed. R. Crim. P. 32(c)(1)(A)). If restitution is possible, the officer must also gather enough information for the court to order it (Rule 32(c)(1)(B)).

The officer usually:

• interviews the person being sentenced;
• reviews the charging papers, the plea agreement and the government's version of the offense;
• checks prior arrests and convictions;
• asks for proof of income, debts and assets;
• may contact family members, employers and treatment providers, and
• hears from victims about the harm.

Unless the person agrees in writing, the report cannot go to the court, or be shown to anyone, before a guilty plea or a finding of guilt (Rule 32(e)(1)).

What does the presentence report contain?

Rule 32 sets out what the report must include (Rule 32(d)):

• The guideline calculation. Every guideline and policy statement that applies, the offense level, the criminal history category, the resulting range, and the kinds of sentences available. The range comes from the federal sentencing table.
• Factors for the judge. Anything relevant to the kind of sentence or where in the range it should fall.
• History and characteristics. Prior criminal record, financial condition, and circumstances that may help in sentencing or treatment, such as health, mental health, substance use, education and work.
• Victim impact. The financial, social, psychological and medical impact on any victim.
• Restitution and forfeiture. Information for a restitution order, and whether the government seeks forfeiture.
• Anything else the court asks for, including information on the § 3553(a) factors.

Some information must be left out of the report itself, such as sources promised confidentiality and information that could cause harm if disclosed (Rule 32(d)(3)). If the judge relies on that information, the judge must give the parties a summary and a chance to respond (Rule 32(i)(1)(B)).

What does the probation officer do?

The probation officer works for the court, not for the prosecution or the defense. The officer gathers facts, scores the guidelines, and gives the judge a neutral report. By local rule or court order, the officer's sentence recommendation can be kept just between the officer and the judge (Rule 32(e)(3)).

The officer's guideline calculation is only a recommendation. The judge decides any dispute about it. Still, the judge may accept any part of the report that no one objects to as a finding of fact (Rule 32(i)(3)(A)). That is why silence can be costly.

What are the deadlines for the presentence report?

Rule 32 sets the timeline, counted backward from the sentencing date (Rule 32(e)–(g)):

When	What happens	Rule
At least 35 days before sentencing	Probation gives the draft report to the defendant, defense counsel and the prosecutor, unless the defendant waives this period	32(e)(2)
Within 14 days after receiving it	Both sides must state any objections in writing and send them to the other side and the probation officer	32(f)(1)–(2)
After objections	The officer may meet with the lawyers, investigate further and revise the report	32(f)(3)
At least 7 days before sentencing	The officer gives the judge and the parties the final report plus an addendum listing unresolved objections and the officer's comments	32(g)

The judge may change these time limits for good cause (Rule 32(b)(2)). Many districts add details in their local rules, so check the local rules and the scheduling order in the case.

How do you object to the presentence report?

Objections go in writing, through the defense lawyer, within 14 days after receiving the report. They can challenge facts, the guideline calculation, and policy statements included in or left out of the report (Rule 32(f)(1)).

Objections that the probation officer does not fix are listed in the addendum. At sentencing, the judge must rule on each disputed point, or decide that a ruling is not needed because the point will not affect the sentence or will not be considered (Rule 32(i)(3)(B)). The judge may allow a new objection at sentencing only for good cause (Rule 32(i)(1)(D)), so raise everything on time.

General tips for reviewing the draft (talk with your lawyer about your own case):

• Read the whole report, not just the guideline section. Check names, dates, family history, employment, health and prior cases.
• Mark every error, even small ones. A wrong prior conviction can add criminal history points. A wrong drug weight or loss amount can change the offense level.
• Gather proof for each correction, such as court records, medical records or pay stubs.
• Make sure health, mental health and substance-use history are complete and accurate, because these sections can matter later in prison.

What happens in the presentence interview?

The officer asks about the person's background: family, education, work, health, mental health, drug and alcohol use, finances and prior record. The defense lawyer has a right to notice of the interview and a reasonable chance to attend if the lawyer asks (Rule 32(c)(2)).

General tips for the interview:

• Ask your lawyer to attend, and talk with your lawyer first about whether to discuss the offense itself.
• Be truthful. Giving the probation officer materially false information can bring an obstruction-of-justice increase, and falsely denying relevant conduct can cost credit for acceptance of responsibility (USSG §3C1.1, comment. (n.4(H)); §3E1.1, comment. (n.1(A))).
• Bring or arrange records the officer asks for, such as financial records, diplomas and treatment records.
• Be complete about health and substance use. Leaving things out can make it harder to get treatment or programs later.

Why does the PSR matter after sentencing?

The report goes with the person into the prison system.

• Prison placement. The BOP, not the judge, decides where a person serves the sentence. It considers, among other things, "the history and characteristics of the prisoner" (18 U.S.C. § 3621(b)). The judge's rulings on objections must be attached to any copy of the report the BOP receives (Rule 32(i)(3)(C)). If the judge sustains an objection but the report is not corrected, ask that the ruling be attached.
• RDAP. To enter the BOP's Residential Drug Abuse Program, a person must have a "verifiable substance use disorder" (28 C.F.R. § 550.53(b)(1)). Completing RDAP can lead to up to one year off the time in custody for eligible people (18 U.S.C. § 3621(e)(2)(B)). An honest, complete substance-use history in the PSR is part of the record the BOP receives.

The PSR also feeds the sentencing memorandum, which answers the report and argues for a sentence, and the sentencing hearing, where the judge resolves objections.

Common questions

What is a presentence investigation report?

It is the report a federal probation officer writes for the judge after a guilty plea or verdict and before sentencing. It covers the offense, the person's history and finances, the impact on victims, and the officer's guideline calculation (Fed. R. Crim. P. 32(c)–(d)). People call it a PSR, a PSI report or a presentence report.

What is a PSI in court?

PSI stands for presentence investigation. In federal court, it is the probation officer's investigation of the offense and the person's background before sentencing, which ends in a written presentence report (Fed. R. Crim. P. 32(c)(1)). The judge uses that report to set the guideline range and choose the sentence.

What is a pre-sentencing report?

It is another name for the presentence report. Probation must give it to the defense and the prosecutor at least 35 days before sentencing unless the defendant waives that time, and the final version goes to the judge at least 7 days before sentencing (Fed. R. Crim. P. 32(e)(2), (g)).

How long does a presentence investigation take?

There is no set length, but the rules build in at least five weeks: the report must be disclosed at least 35 days before sentencing unless that time is waived (Fed. R. Crim. P. 32(e)(2)). The court sets the sentencing date, and the investigation happens between the guilty plea or verdict and that disclosure date. The judge can change Rule 32 time limits for good cause (Rule 32(b)(2)).

What is a PSI interview?

It is the probation officer's interview of the person being sentenced, covering background, family, work, health, finances and prior record. If the defense lawyer asks, the officer must give the lawyer notice and a reasonable chance to attend (Fed. R. Crim. P. 32(c)(2)).

How long do I have to object to the presentence report?

Fourteen days after receiving the report. Both sides must state their objections in writing within that time and send them to the other side and the probation officer (Fed. R. Crim. P. 32(f)(1)–(2)). Later objections are allowed only if the judge finds good cause (Rule 32(i)(1)(D)).

Can you waive the presentence report?

The defendant can waive the 35-day notice period (Fed. R. Crim. P. 32(e)(2)). The report itself can be skipped only if a statute says so or the judge finds the record is enough to sentence and explains that finding on the record (Rule 32(c)(1)(A)). Because the BOP also receives the report, ask the lawyer how skipping it could affect prison placement and programs.

Who sees the presentence report?

The defendant, the defense lawyer, the prosecutor and the judge, and the BOP receives a copy with the judge's rulings attached (Fed. R. Crim. P. 32(e)(2), (i)(3)(C)). Courts are very reluctant to let anyone else see another person's report without a showing of special need (United States Department of Justice v. Julian, 486 U.S. 1, 12 (1988)).

Facing a federal sentence? Book a consultation and tell us what happened.