The Presentence Investigation Report (PSR)—also called a presentence report (PSR Report or PSI report)—is a big deal in the federal system. Ensuring its accuracy and learning how to correct your presentence investigation report is essential because the sentencing judge, the United States Probation Office, and the Federal Bureau of Prisons (BOP) rely on this information to determine outcomes for those facing a federal offense. Errors, omissions, or misrepresentations in the PSR can negatively impact sentencing outcomes, from the length of incarceration to restitution requirements, as well as eligibility for programs like the RDAP program. It can also render a person ineligible for certain administrative relief or a halfway house placement.
By carefully reviewing and correcting the PSR, you can protect your interests and ensure the sentencing court has a fair and accurate representation of your story. For that reason, we encourage people to learn more about how the PSR (or PSI report) will influence the journey ahead—and how to review and correct your presentence investigation report effectively.
I’m Justin Paperny, and our team has guided many individuals through the process of reviewing and correcting their PSRs. In this article, we’ll cover how to identify potential issues in the PSR, how to approach the presentence interview, and how to collaborate with your defense counsel (Criminal Defense Attorney or defense lawyer) to ensure the final report provides sufficient information about your life history, family members, medical conditions, and personal background that will ensure you have a report that helps–rather than hurts–you.
Why Reviewing the PSR Matters
The PSR informs the Federal Judge’s imposition of sentence and influences how other stakeholders, such as prosecutors and the Federal Bureau of Prisons, perceive your case. Any inaccuracies or omissions can lead to:
- Harsher Sentences: Incorrect information about your prior convictions, family relationships, or financial status can result in more severe penalties—even if you have shown acceptance of responsibility or pled guilty through a plea agreement.
- Inappropriate BOP Designations: Errors in the PSR may affect your prison security level, housing assignment, or program eligibility, including substance abuse treatment providers, emotional health programs, or reentry options.
- No Mitigation Efforts: You will get a longer sentence if you do not mitigate and influence the probation report. Listen to Chris Maloney, Former Chief of Probation.
Steps to Review and Correct your Presentence Investigation Report (PSR)
1. Obtain the Draft PSR
- After the federal probation officer completes the initial draft (often after a presentence investigation interview or PSR interview), your attorney will receive a copy for review.
- You and your attorney will have a limited time to examine the report and submit corrections or objections.
2. Examine Key Sections
Focus on the following areas for accuracy:
- Personal Information: Verify details about your family history, family members, education, and employment history. Provide additional information or background information if needed, such as your medical history or history of substance abuse.
- Offense Description: Ensure the summary of the offense accurately reflects your role and involvement. If you’re charged with White Collar Crime (e.g., Money Laundering, Public Corruption, Health Care Fraud), confirm the narrative matches the actual evidence.
- Criminal History: Confirm that all prior convictions (including relevant U.S.C citations) are reported correctly, including dates and outcomes.
- Financial Information: Check for errors in your defendant’s financial condition section or liabilities that may affect restitution or fines. This is crucial in federal cases involving federal charges like money laundering.
- Mitigation Efforts: Make sure the assets you create are in the probation report.
3. Identify Errors and Omissions
Look for factual inaccuracies, missing context, or misrepresentations that could impact sentencing. Examples include:
- A misstatement about your financial capacity to pay restitution or a fine.
- Failure to include proof of completed counseling, volunteer work, or physical health treatments.
- Omissions about medical conditions or therapy that could influence the sentencing guideline range or your potential sentence.
How to Correct Errors in the PSR
If you identify inaccuracies or omissions in the draft PSR, follow these steps to request corrections:
1. Document the Issues
- Clearly outline the errors and provide evidence to support your corrections.
- Example: If the PSR incorrectly lists your income, include pay stubs or tax returns as proof. If there is a question about your personal history, provide records regarding your defendant’s history or personal background.
2. Submit Objections in Writing
- Work with your defense lawyer or criminal defense attorney to prepare a formal written response outlining the requested changes.
- Ensure your objections are specific, concise, and supported by evidence. Mention any local rule your jurisdiction might have for filing objections.
3. Collaborate with the Probation Officer
- Your attorney will submit the objections to the United States Probation Officers, who may revise the report based on the additional information you provide.
- Be respectful and cooperative during this process to maintain a positive relationship with the probation officer.
4. Prepare for a Court Hearing
- If the probation officer disputes your objections, the sentencing judge will address the issues during the sentencing hearing.
- Your attorney will advocate for your position, presenting evidence and arguments to the court to achieve an appropriate sentence—particularly if you have shown acceptance of responsibility or have a strong argument for good time or a downward departure.
Tips for a Thorough Review
- Start Early
Begin gathering documentation (e.g., financial records, medical records) and organizing them well before the PSR is drafted. Early preparation can avoid delays in the federal criminal cases process. - Review with Your Attorney
Collaborate with your defense counsel to identify potential red flags and align your corrections with your mitigation strategy. This could involve discussing your mental health, family relationships, or prior convictions in a way that clarifies any misconceptions. - Focus on Critical Details
Prioritize corrections that directly impact sentencing outcomes, such as criminal charges, defendant’s financial condition, or proof of substance abuse treatment providers. - Be Professional
Approach the review process respectfully and constructively, focusing on facts rather than emotions. Demonstrating your willingness to cooperate can also influence the sentencing court’s perception of your acceptance of responsibility.
A Real Story: Sarah’s PSR Review
Case Study: Sarah, a healthcare administrator, discovered several errors in her draft PSR, including:
- An incorrect date for a prior conviction, which exaggerated the timeline of her legal issues.
- A miscalculation of her financial assets, overstating her ability to pay restitution.
With her attorney’s help, Sarah:
- Provided documentation to correct the errors, including court records, pay stubs, and bank statements.
- Submitted a formal objection to the federal probation officer, who revised the report to reflect the accurate information.
- Ensured that her mitigation efforts, including volunteer work, therapy (addressing her emotional health), and restitution payments, were included in the final PSR.
Outcome: The corrected PSR presented a balanced view of Sarah’s circumstances, which the judge cited during sentencing to impose a lighter penalty of probation and community service. Sarah’s case illustrates the importance of providing the sentencing judge with accurate background information, showcasing acceptance of responsibility, and highlighting family relationships or family history to receive a fair sentence.
Lesson: A thorough review of the PSR can prevent misrepresentations and ensure the court has an accurate understanding of your case—leading to a sentencing decision that fits your personal circumstances under the Federal Sentencing Guidelines. Always review and correct your presentence investigation report (PSR).
Next Steps
In the next article, we’ll discuss the role of financial disclosures in the PSR and how accurate financial information can influence restitution, fines, and sentencing recommendations. We’ll also touch on how the United States Sentencing Commission policy statements guide the federal sentencing process.
If you’re preparing to review your PSR:
- Begin gathering documentation to verify the information in the report (e.g., financial records, medical history, employment history).
- Work closely with your attorney to identify and address potential errors, especially if you’ve entered a guilty plea or plan to proceed to a jury trial.
- Consider seeking expert advice or free consultation from federal prison consultants like us here at White Collar Advice, who can discuss federal cases, criminal sentencing options, and the primary purpose of your PSR.
Reviewing and correcting the PSR is essential if you want a better experience through sentencing and the Bureau of Prisons.
Justin Paperny