Are goal is always to prevent our clients from being convicted of any federal crime.  However, if a defendant is convicted of a federal crime, the PSR is a very important document.

A presentence investigation report (PSR) is a detailed report prepared by a probation officer after a defendant is convicted in federal court. It provides the sentencing judge with a comprehensive overview of the defendant’s background, the offense conduct, and other relevant factors to help determine an appropriate sentence under the federal sentencing guidelines.

Why is the PSR Important to the Case and the Guidelines?

The PSR is critical because:

✅ It calculates the advisory guideline range for sentencing under the U.S. Sentencing Guidelines, including base offense levels, enhancements, and any applicable reductions (like acceptance of responsibility).
✅ It includes information about the defendant’s criminal history, which determines the criminal history category and affects the guideline range.
✅ It contains recommendations and factual findings that the judge often relies on heavily at sentencing.
✅ It is considered one of the most important documents the judge reviews before imposing a sentence.

An accurate PSR ensures the court has accurate information to determine a fair and lawful sentence. Conversely, an inaccurate or biased PSR can result in a longer prison term or other severe consequences.

How to Object to the PSR and Why it is Important

Before sentencing, the defense has an opportunity to review the draft PSR and submit written objections to any factual inaccuracies, guideline calculations, or other issues. Objections can include:

• Disputing facts that could increase the guideline range (e.g., alleged criminal conduct not proven).

• Challenging improper enhancements or misapplied guideline sections.

• Correcting errors in the defendant’s criminal history or personal background.

• Raising concerns about the characterization of the offense conduct.

Objecting is essential because the sentencing judge generally accepts the facts and guidelines in the final PSR if no objections are made. Properly preserving objections also protects the defendant’s right to appeal the sentence.

Why it Matters for the Defendant

For a defendant, objecting to errors in the PSR can:

✅ Lower the sentencing guideline range, potentially reducing prison time.
✅ Correct the record to avoid future adverse consequences (like parole, supervised release conditions, or classification in the Bureau of Prisons).
✅ Preserve the right to challenge an unlawful sentence on appeal.

An experienced federal criminal defense attorney will thoroughly review the PSR, identify any errors or unfair characterizations, and file timely objections to ensure the defendant receives the fairest possible sentence.