United States v. McIlwain, No. 18-3087 (D.C. Cir. 2019)Annotate this Case
After defendant filed an unopposed motion asking the district court to direct the probation officer to disclose the sentencing recommendation in his case, the district court denied the request pursuant to its policy of always treating the recommendations as confidential.
The DC Circuit vacated defendant's sentence and remanded for resentencing, holding that Federal Rule of Criminal Procedure 32(e)(3) requires a district court to exercise discretion in deciding whether to withhold the recommendation. In this case, the discretion must be based on case-specific reasoning rather than on a uniform policy. On remand, the district court must disclose the probation officer's sentencing recommendation unless it finds that case-specific reasons justify nondisclosure.