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April 8, 2005

The post-Booker world in Delaware

The Delaware News Journal has this article this morning which reports on the application of Booker in the federal courts in Delaware.  The article effectively provides a view of the post-Booker world in one district, and it reports, based on statistics apparently provided by the local US Attorney's Office, that sentences below the guideline range have increased significantly in the wake of Booker:

Of the 40 sentences handed down in U.S. District Court in Wilmington since the high court decided the case of United States v. Booker, Delaware federal judges have deviated from the guidelines in 11 instances, according to the U.S. Attorney's Office. 

In one of the 11 cases, the court applied the guidelines and ruled they allowed a departure from the normal sentencing range, U.S. Attorney Colm F. Connolly said. "In the other 10 cases, the court declined to follow or apply the guidelines," he said.

Altogether, Delaware judges have departed from the guidelines in 27.5 percent of their sentences since the Booker ruling. In fiscal 2002, Delaware judges departed in only about 10 percent of sentences, according to federal statistics.

In addition to being intrigued by these district-specific statistics, I am also intrigued by the dissemination of this information by the local U.S. Attorney's Office.

April 8, 2005 at 07:53 AM | Permalink


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