NATIONALLY RECOGNIZED FEDERAL LAWYERS
The Presentence Investigation Report What It Is and Why It Matters
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience defending federal cases, including the Anna Delvey Netflix series case, the Ghislaine Maxwell juror misconduct matter, and the Alec Baldwin stalking prosecution. The presentence investigation report determines your federal sentence more than any other document. Probation officers prepare it, judges rely heavily on it, and errors in it can add years to your prison time. A PSR that incorrectly calculates drug quantities, criminal history points, or offense level adjustments directly increases your sentence. Understanding how the PSR works and how to challenge it matters if you’re facing federal charges.
This article explains the presentence investigation report – what it contains, how it’s prepared, and how to protect yourself from errors.
What the PSR Is
The presentence investigation report is a detailed document prepared by a United States Probation Officer after conviction. Federal Rule of Criminal Procedure 32 requires PSRs in almost every federal case.
The PSR contains: description of the offense, your version of events, offense level calculation under the Sentencing Guidelines, criminal history calculation, guideline range determination, statutory maximum and minimum penalties, victim impact information, your personal history and characteristics, and the probation officer’s sentencing recommendation.
Judges use the PSR as the roadmap for sentencing. Many judges rely heavily on probation officers’ calculations and recommendations. If the PSR says your guideline range is 70-87 months and recommends a sentence near the middle, judges often follow that recommendation unless strong arguments support a different sentence.
The PSR isn’t just advisory. It establishes facts. Statements in the PSR become part of the record. If you don’t object to something in the PSR, you may waive your right to challenge it later on appeal.
How the PSR Is Prepared
After conviction by guilty plea or trial verdict, the court orders a PSR. The assigned probation officer begins investigating.
Within about 30 days, you’ll have an initial interview with the probation officer. Your attorney should be present. The officer asks about your background – family, education, employment, health, substance abuse, finances, criminal history. They gather information to calculate guideline ranges and assess your circumstances.
Be truthful. Lying creates obstruction of justice enhancements and credibility problems. But don’t volunteer harmful information your attorney hasn’t advised you to disclose. The officer is gathering information for the government and the court, not working for you.
The officer also interviews victims, family members, employers, treatment providers, and law enforcement. They review police reports, financial records, medical records, and other documents. They compile information from multiple sources.
At least 35 days before sentencing, the officer provides the draft PSR to you, your attorney, and the prosecutor. The court doesn’t receive it yet – you have time to review and object before the judge sees it.
What to Look For When Reviewing the Draft PSR
Read it multiple times. Carefully. Errors are common and costly.
Offense conduct: Does the PSR accurately describe what happened? Are drug quantities correct? Loss amounts? Number of victims? Role in the offense? Any exaggeration or mischaracterization increases your offense level.
Relevant conduct: The guidelines hold you accountable for conduct beyond the charged offense if it’s part of the same course of conduct or common scheme. Is the PSR attributing conduct to you that wasn’t reasonably foreseeable? Drugs you didn’t know about? Fraud amounts from co-conspirators’ separate schemes?
Offense level calculations: Check every step. Base offense level. Specific offense characteristics. Chapter 3 adjustments. Did the officer apply enhancements that don’t fit? Miss adjustments that help you? Calculate incorrectly? One-level errors matter – they can add six months.
Criminal history: Verify every prior conviction. Sentence lengths. Release dates. Are old convictions properly excluded under the fifteen-year rule? Are sentences correctly categorized as three-point, two-point, or one-point offenses? Are status points properly applied? Criminal history errors are extremely common.
Acceptance of responsibility: Does the PSR recommend the two-level and three-level reductions? If not, why not? If you pled guilty, cooperated, and didn’t obstruct, you should receive acceptance.
Guideline range: After calculating total offense level and criminal history category, does the PSR correctly identify your range on the Sentencing Table? Simple math errors happen.
Statutory penalties: Are mandatory minimums correctly identified? Statutory maximums? These constrain what judges can impose.
Personal history: Is your background accurately portrayed? Education, employment, family, health? This section influences judges’ § 3553(a) analysis and variance decisions.
The 14-Day Objection Deadline
You have 14 days after receiving the draft PSR to file written objections. This deadline is strict and critical. Objections not raised in writing within 14 days are generally waived – you can’t raise them at sentencing or on appeal.
Object to everything that’s wrong. Factual errors. Legal errors. Guideline miscalculations. Missing information. Incorrect recommendations. Be specific – identify the page, paragraph, and nature of the error. Explain why it’s wrong. Cite supporting evidence and legal authority.
Factual objections challenge accuracy. Legal objections challenge guideline applications.
Object to everything questionable. You can withdraw objections later. You can’t add objections you didn’t timely file.
What Happens After Objections
The probation officer receives objections from both sides – defense and prosecution. The officer investigates further if needed and revises the PSR or explains why objections are rejected.
If the officer accepts your objection, the PSR is corrected. Problem solved.
If the officer rejects your objection, it’s noted as “unresolved” in the addendum. The judge decides at sentencing.
At least 7 days before sentencing, the probation officer submits the final PSR to the court with the addendum noting unresolved objections. The judge reads this before your sentencing hearing.
The Sentencing Hearing: Resolving Disputed Facts
At the sentencing hearing, the judge addresses unresolved objections. Both sides present arguments, evidence, and witnesses. The judge makes factual findings and legal rulings.
Government must prove facts by preponderance of evidence. For upward departures, burden remains on government. For downward departures, defense bears the burden.
Judges resolve disputes based on testimony, documents, and credibility. If probation findings rest on reliable sources, judges often defer to the PSR. Strong defense evidence can overcome PSR findings.
Common PSR Errors
Drug quantity miscalculations: Attributing all conspiracy drugs to you without establishing foreseeability. Double-counting. Including drugs from separate, unrelated conduct.
Loss amount errors in fraud cases: Using intended loss instead of actual loss when actual loss is lower. Attributing co-conspirator losses you couldn’t foresee. Failing to credit amounts recovered.
Criminal history mistakes: Counting convictions that should be excluded under the fifteen-year rule. Miscalculating sentence lengths. Assigning wrong point values. Applying status points incorrectly.
Role enhancements: Claiming you were an organizer or leader when you were mid-level. Over-stating your supervisory role.
Missing safety valve: Concluding you don’t qualify for safety valve when you meet all five requirements.
Incorrect grouping: Failing to group related counts properly, artificially inflating offense levels.
Government Position on PSR
Prosecutors also review the draft PSR and file their own objections if they disagree. Sometimes government objects arguing for higher sentences – they want enhancements the probation officer didn’t apply or dispute downward adjustments.
Other times government agrees with defense objections. If the probation officer made a clear error and you have documentation, prosecutors may not oppose corrections.
If both defense and government agree the PSR is wrong, judges almost always correct it. Disputes arise when one side contests the other’s objections.
Why This Matters to Your Federal Case
The PSR determines your guideline range, which anchors your sentence. Errors in the PSR directly increase your prison time. Failing to object waives challenges. Thorough PSR review and timely objections are critical.
At Spodek Law Group, we’ve reviewed thousands of PSRs over 40 years. We know what errors to look for, how to document objections, and what evidence convinces judges. We obtain records proving sentence lengths, release dates, and conviction details. We hire experts when needed to challenge drug quantities or loss calculations. Our team includes former federal prosecutors who prepared PSR objections from the government’s perspective and know their strategies.
The PSR determines your sentence. If you’re facing federal charges, you need attorneys who will scrutinize every line, object to every error, and fight to ensure accurate calculations. At Spodek Law Group, we’re ready to help.