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October 12, 2005

My Booker data "wish list"

Today marks the nine-month anniversary of the Supreme Court's Booker decision.  Since I have been talking a lot lately about post-Booker data (see posts here and here and here), I thought I might celebrate the day by setting out my personal Booker data "wish list."  Below I have detailed just some information I would like to see in order to get a more complete view of the shape of the post-Booker world of federal sentencing:

District Court Data Wish List:

  • District-by-district data on within- and outside-the-guidelines sentences
  • Data on the most commonly stated grounds for judicial departures and variances
  • Extent-of-departure and extent-of-variance data for sentences outside the guidelines
  • Data on within- and outside-the-guidelines sentences for first offenders
  • Data on within- and outside-the-guidelines sentences for non-violent offenders

Circuit Court Data Wish List:

  • Data on total number of post-Booker appellate dispositions by circuit
  • Detailed data on "plain error" outcomes in the circuits
  • Data on how many, and why, sentences have been found unreasonable
  • Data on how many outside-the-guidelines sentences have been found reasonable

The latest issue of the Federal Sentencing Reporter assembles a lot of material exploring the question "Is a Booker Fix Needed?".  Ultimately, I do not think this question can be sensibly answered until at least some of these data are available.

October 12, 2005 at 08:28 AM | Permalink


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I am a criminal defense lawyer in Miami, Fla. Would any of you know if there is a wbsite with a comprehensive collection of circuit decisions where post-Booker variances which have been granted and affirmed?
Thanks in advance.

Posted by: peter raben | Mar 26, 2007 1:19:55 PM

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In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB