Disclosure of presentence reports is governed by 18 U.S.C. § 3552(d) and FR Cr P 32. Except as specifically provided by statute, rule, regulation, or guideline promulgated by the Administrative Office of the United States Courts, or LR Cr P 32.3, no confidential records of the court maintained by the probation office, including presentence reports and probation or supervised release records, shall be producible except as set forth below or by written petition to the court, particularizing the need for specific information. When a demand for disclosure of presentence and probation records is made by way of subpoena or other formal process to a probation officer, the probation officer may petition in writing seeking instructions from the court regarding a response to the demand for disclosure. No disclosure shall be made except upon order of the court.

Presentence reports prepared by the probation office, as well as objections to the report filed by counsel, shall be filed electronically under seal via the Case Management/Electronic Case Filing System (CM/ECF). These documents will be made part of the case record for the purposes of appeal. The probation officer is authorized to provide a copy of the presentence report, without the officer's recommendation as to the sentence, to the defendant's appellate counsel. In addition, the probation officer is authorized to forward a copy of the presentence report, without the officer's recommendation as to the sentence, to counsel in revocation proceedings upon request without further order of the court. The copy of the presentence report shall be used by counsel for the purpose of the revocation proceeding only. Further, the probation officer, upon request, is authorized to provide a copy of the presentence report to another federal probation officer without further order of the court.

When the presentence report is disclosed to the parties and the court, the probation office should include any recommended special conditions in the body of the report, as well as the reasons for the recommendation of each condition. However, LR Cr P 32.2(a) allows the court to limit such disclosure through an order of the court.

The Clerk is directed to SEAL the Statement of Reasons in all criminal cases before this court and shall forward a SEALED copy to counsel of record and to the probation office in this District. The probation office shall forward the Statement of Reasons to the United States Sentencing Commission and the Bureau of Prisons. The probation office is further directed to make the sealed Statement of Reasons an attachment to, and part of, any copy of the presentence report made available to the Bureau of Prisons, the Fourth Circuit Court of Appeals and appellate counsel for the defendant. In addition, the probation office is authorized to forward a copy of the Statement of Reasons to counsel in revocation proceedings upon request and without further order of the court. The copy of the Statement of Reasons shall be used by counsel for the purpose of the revocation proceeding only.

The probation officer shall not disclose to anyone other than the court the officer=s recommendation as to the sentence.