Instructions for Completing Form 792Report on
Prisoners by United States Attorney
When preparing Form 792, describe the details of the offense.
the dollar amounts involved in the crime, because this is important to the
Commission when it rates the severity of an offense, particularly in income
fraud, embezzlement, drug, and theft cases. In drug cases, provide
on the quantity and purity of the drugs.|
Explain the prisoner's role in the offense. The Parole Commission
should be told of the nature and severity of the prisoner's involvement
to that of his/her codefendants; this will prevent unjust disparity in the
treatment among codefendants and help the Parole Commission to compare the
terms of principals and accessories.
Outline related charges dismissed upon entry of a guilty plea or
proved at trial. Whatever the government was prepared to prove should be
reported fully, because the Parole Commission is entitled to consider
unadjudicated charges so long as the prisoner has notice of them.
Provide investigative information concerning the prior history of
prisoner and/or the offense. The Parole Commission needs specific data on
magnitude and duration of the criminal behavior; the Commission considers
amount of sophistication and/or planning of the offense and the degree to
the offense was part of a large-scale criminal conspiracy or a continuing
criminal enterprise. The prisoner's criminal reputation should also be
so that a determination can be made whether or not to treat his/her case
the original jurisdiction procedure. See 28 C.F.R. § 2.17.
Prosecuting attorneys should not stipulate to facts in a manner
precludes the Commission from considering actual factors surrounding an
See 28 C.F.R. § 2.19(d).
The Parole Commission must disclose to the prisoner all reports and
documents used in parole release decision-making; if materials are
which fall within the three broad exemptions of 18 U.S.C. § 4208(c),
Parole Commission needs only to furnish the prisoner with a summary of the
exempted material. It is not necessary, however, to reveal or justify the
precise exemption chosen. As a standard precaution, the name of the
attorney can be deleted from the disclosable copy of the report.
Summaries of exempted material should be typewritten on a separate
with the heading SUMMARY OF INFORMATION WITHHELD, and should be attached to
copy of Form 792 which has been excised for disclosure to the prisoner. The
original and excised copy should be sent to the institution in which the
is confined. If investigative reports are included with the prosecuting
attorney's report, the responsible agency should be requested to provide
summaries of any material it deems exempt from disclosure.
[cited in USAM 9-34.000]