GRAT, I looked this up to try and understand, and to help everybody. Because the Washington Post said:"Bellows ordered a
pre-sentence report, and set a sentencing hearing for Sept. 24,
where he will decide whether to accept or reject the plea deal."
http://resources.lawinfo.com/en/Legal-FAQs/Sentencing-and-Sanctions/Federal/what-is-the-sentencing-hearing.htmlWhat Is The Sentencing Hearing?Except for minor offenses, such as infractions a sentencing hearing is held where the final sentence or penalty is determined. The law gives the judge a great deal of leeway in determining what the sentence may be. The character of and circumstances surrounding the defendant can be as important as the severity of the crime in determining what sentence will be imposed.
The sentence is imposed after the jury or judge has provided the judgment. At the sentencing hearing, both the prosecution and the defense are given the opportunity to present evidence and testimony to recommend an appropriate sentence. The judge is free to ignore these recommendations, even if the prosecutor and defense lawyer have agreed to a sentence as a part of a plea agreement.
SentencingExcept for minor offenses, such as infractions, the law gives the judge a great deal of latitude in determinging the sentence. The character and circumstances of the defendant can be as important as the severity of the crime determining what sentence will be imposed.
Procedurally, the sentence is imposed after a separate hearing, held at least two days after judgment has been rendered by the jury or the judge, unless the defendant waives this right. At the sentencing hearing, both sides have the opportunity to present evidence and testimony to recommend an appropriate sentence. The judge is free to ignore these recommendations, even if the prosecutor and defense counsel have agreed to a sentence as a part of a plea agreement. In that event, the defendant may be allowed to withdraw his/her plea.
Presentence Investigation ReportIn addition to the information supplied by parties, the judge is typically supplied with a presentence investigation report. A presentence investigation may be ordered in any criminal case. However, presentence investigations are not typically provided in misdemenaor criminal matters because there are not sufficient presentence investigators in the Department of Corrections to provide this support. In a felony case, the judge may state his/her reasons on the record for failing to order a presentence investigation.
The presentence investigator interviews the defendant and often other individuals such as relatives, friends, and employers. With that information, the presentence investigator compiles a social history of the defendant which covers the defendant's education, employment record, family situation, physical and mental health, and community ties. The presentence investigator will also assemble the defendant's prior criminal record, the defendant's version of the facts surrounding the crime, and the police and other witnesses' verion of those facts.
In appropriate cases, the investigator will recommend alternatives for rehabilitation such as counseling but the report does not contain a recommendation on the length of the sentence. The prosecution and defense typically have access to the presentence report prior to the sentencing hearing. Either side may present evidence to rebut or supplement the presentence investigation report. The report is not available to the media or the public.
If a formal presentence investigation has not been ordered, the judge will at least be supplied with the defendant's prior criminal record and may ask the defendant and his/her lawyer to prepare an informal presentence report.
At the conclusion of the presentence hearing, the judge must give the defendant an opportunity to speak on his/her own behalf. Then the judge pronounces the sentence. The length of the sentence imposed must be within the statutory minimum and maximum time prescribed by law for that offense but the type of sentence is up to the judge's discretion with a few important qualifications. Statutory minimum and maximum for most crimes are included in case law. For example, the habitual criminal or persistent violator outlined in Idaho Code section 19-2514 is imposed when a person is convicted of three or more felonies and is considered a persistent violator in this situation and the individual is subjected to a sentence of at least five years to life.