The Presentence Report (PSR)

Q: What is a presentence report (PSR)?

The Presentence Report (PSR), also called the Presentence Investigation Report (PSIR), is a confidential document prepared by a United States Probation Officer after a federal felony or Class A misdemeanor conviction and before sentencing. Mandated by 18 U.S.C. § 3552 and Federal Rule of Criminal Procedure 32, the PSR is the single most influential document in federal sentencing. It contains the official version of the offense conduct, the definitive calculation of the sentencing guidelines range, the defendant's complete criminal history, personal background, financial condition, victim impact information, and available sentencing options.

Q: What are the sections of a federal PSR?

The federal PSR follows a uniform national template with seven major parts: Part A covers the offense conduct, victim impact, guideline adjustments, and statutory penalties; Part B documents criminal history and calculates criminal history points and category; Part C provides personal history including family, health, mental health, substance abuse, education, employment, and financial condition; Part D presents sentencing options and guideline calculations; Part E identifies factors that may warrant departure from guidelines; Part F addresses broader sentencing factors under 18 U.S.C. § 3553(a); and Part G contains the optional probation officer recommendation.

Q: Can I object to errors in my PSR?

Yes, and objecting to errors is critical because unchallenged facts become effectively permanent. Under Federal Rule of Criminal Procedure 32, written objections must be submitted within 14 days of receiving the PSR. The probation officer then prepares an addendum addressing all objections. At sentencing, the judge must resolve every disputed fact that could affect the sentence, making findings by preponderance of the evidence. Common objections include overstated drug quantities, inclusion of acquitted conduct, and inflammatory or inaccurate narrative details.

Q: When do I receive my PSR?

Under Federal Rule of Criminal Procedure 32, the probation officer must disclose the PSR to the defendant, defense counsel, and the government at least 35 days before sentencing. Both parties must submit written objections within 14 days of receipt. The final PSR with addendum addressing all objections must be submitted at least 7 days before sentencing. The defendant must be given an opportunity to read and discuss the PSR with counsel before sentencing.

Q: How does the PSR calculate criminal history?

Part B of the PSR documents the defendant's complete prior record and calculates criminal history points: 3 points for prior sentences of imprisonment exceeding one year and one month, 2 points for sentences of at least 60 days, and 1 point for other prior sentences. Additional status points are added if the offense was committed while under any criminal justice sentence. Total points determine criminal history category I through VI, which dramatically affects the guidelines range. Categories range from I (0-1 points) to VI (13+ points).

Q: Does the PSR include uncharged conduct?

Yes. The offense conduct section in Part A is not limited to the conduct underlying the conviction. It includes all relevant conduct under the sentencing guidelines, which can encompass uncharged conduct, acquitted conduct, and conduct by co-conspirators. The probation officer drafts this narrative based on investigation reports, prosecutor summaries, and other sources. This is why defense review of this section is essential, as this becomes the official narrative that BOP and other agencies rely upon for decades.

Q: Can the PSR affect my RDAP eligibility?

Yes. Part D of the PSR addresses program eligibility including RDAP, which can provide up to 12 months off a sentence. More importantly, the offense description in Part A can disqualify someone from RDAP even without a violence conviction. A PSR that suggests violence in the current offense, such as allegations of weapons involvement or threats, can make someone ineligible for RDAP and its sentence reduction benefits.

Q: Who sees my PSR after sentencing?

The PSR follows the defendant throughout the federal system. The Bureau of Prisons uses the PSR for custody classification, security level determination, program eligibility, and facility placement. The U.S. Probation Office reviews the PSR when supervising supervised release, informing supervision intensity and conditions. For old-law cases, the Parole Commission reviews the PSR when making parole decisions. The PSR is sealed and confidential, but defendants cannot access it while incarcerated except through legal proceedings.

Q: Does the probation officer make a sentencing recommendation?

In some districts, Part G of the PSR includes a non-binding sentencing recommendation from the probation officer, which may include recommended custody length, supervised release terms, fines, conditions of supervision, and treatment or programming recommendations. Not all districts include this section, and judges are not bound by the recommendation. However, because probation officers are viewed as neutral, their recommendations can carry significant weight with the court.

The Presentence Report (PSR, also called the Presentence Investigation Report or PSIR) is the confidential document prepared by a United States Probation Officer after a federal felony or Class A misdemeanor conviction and before sentencing. Mandated by 18 U.S.C. § 3552 and Federal Rule of Criminal Procedure 32, the PSR is the single most influential document in federal sentencing—and its impact extends far beyond the courtroom.

The PSR contains the official version of the offense conduct, the definitive calculation of the sentencing guidelines range, the defendant's complete criminal history, personal background, financial condition, victim impact information, and available sentencing options. In practice, the PSR's factual findings are rarely overturned and become the permanent institutional record of the case. The Bureau of Prisons, the U.S. Parole Commission (for old-law cases), and the U.S. Probation Office all rely on the PSR for years—sometimes decades—after sentencing.^[1] |title_mode=replace

Understanding the PSR—its contents, how it's prepared, and how to effectively challenge errors—is essential for anyone facing federal sentencing.

Summary

The Presentence Report is prepared by the U.S. Probation Office after conviction but before sentencing. It follows a standardized national format with seven parts covering the offense, criminal history, personal characteristics, and sentencing options. The PSR calculates the advisory sentencing guidelines range that significantly influences the judge's sentencing decision. Perhaps most importantly, the PSR becomes the permanent record that follows the defendant throughout incarceration and supervised release—affecting security classification, program eligibility, and facility placement. Defendants have the right to review the PSR before sentencing and file written objections to any factual errors. These objections are critical because uncontested facts in the PSR are nearly impossible to change later.

The PSR's Long-Term Impact

Many defendants focus on the PSR only as it affects their immediate sentencing. This is a mistake. The PSR has lasting consequences that extend throughout incarceration and beyond:

Bureau of Prisons Classification

When an individual arrives at their designated facility, BOP staff review the PSR—particularly Part A (offense conduct)—to make critical determinations about:

Security level and custody classification: The narrative description of the offense in Part A directly influences whether an individual is housed in a minimum, low, medium, or high security facility. Inflammatory language or alleged conduct beyond the conviction offense can result in higher security placement.

Public Safety Factor (PSF) assignments: Certain offense characteristics trigger PSFs that affect housing and programming. For example, descriptions suggesting violence, weapons involvement, or sex offense conduct can result in restrictive PSFs.

Program eligibility: The PSR determines eligibility for programs like the Residential Drug Abuse Program (RDAP), which can provide up to 12 months off a sentence. A PSR that suggests violence in the current offense—even without a violence conviction—can disqualify someone from RDAP.

Facility placement: Specific allegations in the PSR can limit available facilities, particularly those near family.

Supervised Release

The probation officer supervising supervised release receives and reviews the PSR. The offense description and personal history sections inform supervision intensity, special conditions, and the officer's overall approach.

Parole Considerations

For defendants sentenced under pre-1987 "old law" provisions, the U.S. Parole Commission reviews the PSR when making parole decisions.

Disclosure Schedule (Rule 32)

Federal Rule of Criminal Procedure 32 establishes strict deadlines for PSR disclosure and objections:

Event	Timing	Details
Initial PSR Disclosure	At least 35 days before sentencing	The probation officer must disclose the PSR to the defendant, defense counsel, and the government.
Written Objections	Within 14 days of receipt	Both parties must submit written objections to factual statements, guidelines calculations, or other information in the PSR.
Final PSR with Addendum	At least 7 days before sentencing	The probation officer submits the final PSR, including an addendum addressing all objections, to the court and parties.
Sentencing Hearing	As scheduled	The court resolves any remaining disputes and imposes sentence.

The defendant must be given an opportunity to read and discuss the PSR with counsel before sentencing. Defense attorneys should schedule sufficient time for this review—the PSR is often lengthy and contains critical details requiring careful analysis.

Standard Sections of the PSR

The federal PSR follows a uniform national template established by the Administrative Office of the United States Courts. While some districts add local variations, all PSRs contain these seven major parts:

Part A: The Offense

Part A is the most consequential section because it becomes the official narrative of the offense that BOP and other agencies rely upon for decades.

Offense conduct: This section describes what the defendant allegedly did. Critically, it is not limited to the conduct underlying the conviction—it includes all "relevant conduct" under the sentencing guidelines, which can encompass uncharged conduct, acquitted conduct, and conduct by co-conspirators. The probation officer drafts this narrative based on investigation reports, prosecutor summaries, and other sources. Defense review of this section is essential.

Victim impact: If there are identifiable victims, Part A includes victim impact statements and detailed restitution calculations. For fraud offenses, this may include loss tables showing amounts attributed to each victim.

Guideline adjustments: The probation officer calculates all applicable adjustments:

Role in the offense (leader/organizer, manager, minimal participant)
Obstruction of justice
Acceptance of responsibility (typically a 2-3 level reduction for pleading guilty and accepting responsibility)
Vulnerable victim, abuse of trust, sophisticated means, and other specific offense characteristics

Statutory penalties: This section lists the maximum (and any mandatory minimum) penalties applicable to each count of conviction.

Part B: Defendant's Criminal History

Part B documents the defendant's complete prior record and calculates criminal history points and category.

Criminal history scoring: Each prior sentence is listed with details about the offense, sentence imposed, and criminal history points assessed. Points are assigned based on sentence length:

3 points: Prior sentence of imprisonment exceeding one year and one month
2 points: Prior sentence of imprisonment of at least 60 days
1 point: Other prior sentences

Criminal history category: Total points determine the criminal history category (I through VI), which forms the horizontal axis of the sentencing table. Category I (0-1 points) to Category VI (13+ points) dramatically affects the guidelines range.

Juvenile adjudications: Certain juvenile matters may count toward criminal history.

Status points: Additional points if the instant offense was committed while under any criminal justice sentence.

Common errors in this section include miscounting points, including offenses that should be excluded (too old, petty offenses), or failing to consolidate related cases.

Part C: Offender Characteristics

Part C provides a comprehensive personal history intended to help the court understand the defendant as a person:

Personal and family data: Birthdate, citizenship, marital history, dependents, and family background. This section often includes information about childhood circumstances, family relationships, and support systems.

Physical condition: Current health status, medical conditions, medications, and treatment history. Significant health issues may support arguments for particular sentences or conditions.

Mental and emotional health: Psychological history, diagnoses, treatment, and current mental health status. This information affects both sentencing arguments and BOP programming.

Substance abuse history: Detailed history of alcohol and drug use, treatment attempts, and current status. This section directly affects RDAP eligibility.

Education and vocational skills: Educational attainment, vocational training, certifications, and special skills.

Employment record: Work history, including employers, positions, and tenure. Stable employment history can support favorable sentencing arguments.

Financial condition: Assets, liabilities, income, and expenses. This section informs the court's assessment of ability to pay fines and restitution.

Part D: Sentencing Options

Part D presents the calculated sentencing ranges and available alternatives:

Guideline calculations summary: The total offense level and criminal history category, producing the guidelines imprisonment range (e.g., "37-46 months").

Custody range: The calculated guidelines range for imprisonment.

Supervised release range: The guidelines range for supervised release (typically 1-5 years depending on offense type).

Fine range: Applicable fine ranges under the guidelines.

Restitution: Whether restitution is mandatory or discretionary and the calculated amount.

Program eligibility: Whether the defendant qualifies for:

RDAP (which can provide up to 12 months sentence reduction)
Shock incarceration/boot camp (largely discontinued)
Community confinement alternatives
Other BOP programs

Special assessments: The mandatory $100 per count special assessment.

Part E: Factors That May Warrant Departure

Part E identifies grounds for departing from the guidelines range based on the guidelines themselves:

Downward departures: Grounds might include diminished capacity, aberrant behavior, coercion/duress, substantial assistance, or overrepresented criminal history.

Upward departures: Grounds might include extreme conduct, underrepresented criminal history, or inadequate criminal history category.

Departures are based on specific provisions in the sentencing guidelines manual and must be supported by evidence.

Part F: Factors That May Warrant a Variance

Part F addresses the broader sentencing factors under 18 U.S.C. § 3553(a), which courts must consider even outside the guidelines framework:

Nature and circumstances of the offense
History and characteristics of the defendant
Need for the sentence to reflect seriousness, promote respect for law, provide just punishment
Need for deterrence
Need to protect the public
Need to provide the defendant with training, treatment, or correctional care
Pertinent policy statements of the Sentencing Commission
Need to avoid unwarranted sentencing disparities
Need to provide restitution

Variances allow courts to impose sentences above or below the guidelines based on these broader considerations.

Part G: Recommendation (Optional)

In some districts, the probation officer provides a non-binding sentencing recommendation. This may include:

Recommended sentence (custody, supervised release, fine)
Recommended conditions of supervision
Treatment or programming recommendations

Not all districts include this section, and judges are not bound by the recommendation. However, because probation officers are viewed as neutral, their recommendations can carry significant weight.

Legal Effect and Permanence

Disputed Facts Must Be Resolved

The sentencing judge must resolve every disputed fact or guidelines application that could affect the sentence. Under Rule 32(i)(3)(B), for any disputed portion of the PSR, the court must either make a finding on the allegation or determine that no finding is necessary because the matter will not affect sentencing.

Factual findings are made by a preponderance of the evidence—a lower standard than the "beyond a reasonable doubt" standard for conviction. Findings are rarely disturbed on appeal unless clearly erroneous.

The PSR as Permanent Record

The PSR follows the defendant throughout the federal system:

Bureau of Prisons: Uses the PSR (especially Part A) for custody classification, security level determination, program eligibility, and facility placement. The narrative in Part A becomes the institutional understanding of who the defendant is and what they did.

U.S. Probation Office: Reviews the PSR when supervising supervised release, informing supervision intensity and conditions.

Parole Commission: For old-law cases, reviews the PSR when making parole decisions.

Confidentiality and Access

The PSR is sealed and confidential. Defendants receive a copy but not necessarily the complete document—certain information (victim identifying information, confidential sources) may be redacted. BOP receives the PSR but defendants cannot access it while incarcerated except through legal proceedings.

Objections and the Addendum

Filing timely, specific objections to PSR errors is critical. Unchallenged facts become effectively permanent.

Common Objections

Offense conduct objections:

Overstated drug quantities
Inclusion of acquitted conduct
Inflammatory or inaccurate narrative details
Improper attribution of co-conspirator conduct
Incorrect loss calculations in fraud cases

Guidelines calculation objections:

Incorrect base offense level
Improper role adjustment (wrongly classified as leader/manager)
Missing acceptance of responsibility credit
Incorrect specific offense characteristics
Improper grouping of counts

Criminal history objections:

Inclusion of offenses that should be excluded (too old, expunged, petty)
Incorrect point calculations
Failure to consolidate related cases
Incorrect status points

Personal history objections:

Inaccurate employment or education information
Incorrect family information
Errors in substance abuse or mental health history

The Addendum Process

After receiving objections, the probation officer prepares an addendum that:

Lists each objection
Provides the probation officer's response and position
Indicates whether the objection is resolved (PSR will be revised) or unresolved (requiring court resolution)

Unresolved objections are ruled on by the judge at sentencing. The court must either make findings or state that the matter will not affect the sentence.

Strategic Considerations

Work closely with your attorney on objections strategy:

Object to everything inaccurate: Even if a fact won't affect the guidelines calculation, it may affect BOP classification or future proceedings. Errors in Part A offense conduct are particularly important to challenge.

Be specific: Vague objections are ineffective. Specify exactly what is wrong and what the correct information is.

Provide supporting evidence: Objections supported by documentation are more likely to succeed.

Prioritize impactful objections: Some objections affect the sentence; others affect prison experience. Understand which are which.

The Presentence Investigation Process

For detailed information about how the PSR is prepared—including the defendant interview, investigation process, and timeline—see The Presentence Investigation Process.

Terminology

PSR / PSIR: Presentence Report / Presentence Investigation Report—the comprehensive document prepared by probation before sentencing.

Part A – The Offense: The section describing offense conduct, which becomes the official narrative governing BOP classification.

Addendum: The separate document listing unresolved objections and the probation officer's position on each.

Guideline Range: The calculated sentencing range after all adjustments, expressed in months (e.g., "37-46 months").

Criminal History Category: Roman numeral I through VI, based on total criminal history points, determining the horizontal axis of the sentencing table.

Relevant Conduct: Under the sentencing guidelines, all conduct that is part of the same course of conduct or common scheme as the offense of conviction—can include uncharged and acquitted conduct.

Face Sheet: The first page of the PSR summarizing the offense, guideline range, and statutory penalties.

Variance: A sentence above or below the guidelines range based on the § 3553(a) factors.

Departure: A sentence above or below the guidelines range based on specific guidelines provisions.

External Links

References

↑ "Monograph 106 – The Presentence Investigation Report (2023 Revision)". Administrative Office of the United States Courts. Retrieved November 30, 2025.

Frequently Asked Questions

Q: What is a presentence report?

A PSR is a detailed report prepared by the U.S. Probation Office that provides the judge with information about the defendant's background, offense, and sentencing guideline calculations.

Q: Can I review my PSR?

Yes, you and your attorney have the right to review the PSR before sentencing and can file objections to any inaccuracies.

Q: Who sees the presentence report?

The PSR is confidential but is provided to the judge, prosecutor, defense attorney, and the Bureau of Prisons for classification purposes.

[monograph106-1] "Monograph 106 – The Presentence Investigation Report (2023 Revision)". Administrative Office of the United States Courts. Retrieved November 30, 2025.

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