Probation officers are appointed by the Court under the authority granted in Title 18 United States Code (USC) 3602, which in part states, "A district court of the United States shall appoint qualified persons to serve, with or without compensation, as probation officers within the jurisdiction and under the direction of the court making the appointment." The duties of a probation officer (particularly those duties related to the supervision of offenders) are spelled out at 18 USC 3603:

1. Instruct a probationer or a person on supervised release, who is under his supervision, as to the conditions specified by the sentencing court, and provide him with a written statement clearly setting forth all such conditions;

2. Keep informed to the degree required by the conditions specified by the sentencing court, as to the conduct and condition of a probationer or a person under supervised release, who is under his supervision, and report his conduct and condition to the sentencing court;

3. Use all suitable methods, not inconsistent with the conditions specified by the court, to aid a probationer or a person under supervised release who is under his supervision, and bring about improvement in his conduct and condition;

4. Be responsible for the supervision of any probationer or a person on supervised release who is known to be within the judicial district;

5. Keep a record of his work, and make such reports to the Director of the Administrative Office of the United States Courts as the Director may require;

6. Upon the request of the Attorney General or his designee, assist in the supervision of and furnish information about, a person within the custody of the Attorney General while on work release, furlough, or other authorized release from his regular place of confinement, or while in prerelease custody pursuant to the provisions of section 3624(c):

7. Keep informed concerning the conduct, condition, and compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision and report thereon to the court placing such person on probation and report to the court any failure of a probationer under his supervision to pay a fine in default within thirty days after notification that it is in default so that the court may determine whether probation should be revoked;

8. 1. When directed by the court, and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the provision of section 4243 or 4246 of this title, and report such person's conduct and condition to the court ordering release and to the Attorney General or his designee; and

   2. immediately report any violation of the conditions of release to the court and the Attorney General or his designee;

9. If approved by the district court, be authorized to carry firearms under such rules and regulations as the Director of the Administrative Office of the United States Courts may prescribe; and

10. Perform any other duty that the court may designate.

In addition, the authority to conduct presentence investigations is found at section 3552 of Title 18, which refers one to Rule 32 of the Federal Rules of Criminal Procedure. Rule 32 spells out the contents of the presentence report and gives a "roadmap" for how the investigation and sentencing process is to occur.

Rule 32(d) states "The presentence report must contain —

1. Applying the Sentencing Guidelines. The presentence report must:

   1. identify all applicable guidelines and policy statements of the Sentencing Commission;

   2. calculate the defendant's offense level and criminal history category;
   3. state the resulting sentencing range and kinds of sentences available;
   4. identify any factor relevant to:
      1. the appropriate kind of sentence, or
      2. the appropriate sentence within the applicable sentencing range; and
   5. identify any basis for departing from the applicable sentencing range.

2. Additional Information. The presentence report must also contain the following information:

   1. the defendant's history and characteristics, including:
      1. Any prior criminal record;
      2. the defendant's financial condition; and

      3. any circumstances affecting the defendant's behavior that my be helpful in imposing sentence or in correctional treatment;

   2. verified information, stated in a nonargumentative style, that assesses the financial, social, psychological, and medical impact on any individual against whom the offense has been committed;

   3. when appropriate, the nature and extent of nonprison programs and resources available to the defendant;

   4. when the law provides for restitution, information sufficient for a restitution order;

   5. if the court orders a study under 18 U.S.C. § 3552(b), any resulting report and recommendation; and

   6. any other information that the court requires."

The sentence imposed by the Judge is in many ways the cornerstone of work of a probation officer, especially when one thinks of the sentence holistically. The total sentence involves not just the sentence imposed on the sentencing day, but is dynamic. The total sentence almost always only begins on the date it was imposed. In many cases, the total sentence includes imprisonment and community supervision. While the job of assisting the Judge to determine the most appropriate sentence is a complex and critically important job, so too is the job of implementing the total sentence whether that be in a prison or when the offender is under the supervision of a probation officer in the community.

In furtherance of those thoughts, the so-called "sentencing statute" found at 18 USC 3553 is provided. This statute sets forth the factors to be considered in imposing a sentence.

"The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider —

1. the nature and circumstances of the offense and the history and characteristics of the defendant;

2. the need for the sentence imposed —

   1. to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;

   2. to afford adequate deterrence to criminal conduct;
   3. to protect the public from further crimes of the defendant; and

   4. to provide the defendant with needed educational, or vocational training, medical care, or other corrective treatment in the most effective manner;

3. the kinds of sentences available;
4. the kinds of sentence and the sentencing range established for —

   1. the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines —

      1. issued by the Sentencing Commission pursuant to section 994(a)(1) of title 28, United States Code, subject to any amendments made to such guidelines by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and

      2. that, except as provided in section 3742(g), are in effect on the date the defendant is sentenced; or

   2. in the case of a violation of probation or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section 994(a)(3) of title 28, United States Code, taking into account any amendments made to such guidelines or policy statements by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28;

5. any pertinent policy statement —

   1. issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28, United States Code, subject to any amendments made to such policy statement by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and

   2. that, except as provided in section 3742 (g), is in effect on the date the defendant is sentenced.

6. the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and

7. the need to provide restitution to any victims of the offense."