Criminal Rules Amendments Effective as of December 2007

A number of amendments to the Federal Rules of Procedure and Evidence became effective on December 1, 2007. Criminal Rule 11 was amended to conform the rule to the Supreme Court’s decision in United States v. Booker, which held that the sections in the federal sentencing statute that made pleas mandatory violated the fifth and sixth constitutional amendments. Criminal Rule 32 was made to conform to United States v. Booker by making it clear that the court may require the probation office to include in the presentence report information relevant to factors set out in 18 U.S.C § 3553(a). The amendment to Criminal Rule 35 clarified the computation of an additional three days when service is made by mail, when it is left with the clerk of court, or where counsel uses electronic means under Civil Rule 5. Last, Criminal Rule 49.1 now requires in part that the U.S. Supreme Court develop rules to protect the privacy and security concerns relating to electronic filings and availability of those filings to the public