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I read the probation report before the hearing?
Defendants and their attorneys usually have access to
the presentence report before the sentencing hearing. However, the sentence
recommendations and information from any confidential sources may be excluded
from the copy given to the defense. The defense should review the report
thoroughly for factual mistakes. Procedural rules (such as Federal Rule of
Criminal Procedure 32 (i)) typically give the defendant and defense counsel the
right to comment on the presentence report at the sentencing hearing and to introduce
evidence to rebut any factual mistakes.
by: Sara J. Berman
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