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March 11, 2010

Latest federal sentencing data show continuing slow migration away from guidelines

The US Sentencing Commission has some fresh new sentencing data just up on its website. The USSC's latest data report, which can be accessed here, is described this way:

Final FY09 Quarterly Sentencing Update: An extensive set of tables and charts presenting the final cumulative fiscal year quarterly data on cases sentenced in fiscal year 2009. The report also provides an analysis of sentencing trends over five years for several key sentencing practices.  (Published March 11, 2010)

The new data continue to show remarkable stability in the operation and application of the advisory federal guideline sentencing system, with a continuing slow migration away from the guidelines due to slight increases in prosecutor-initiated and judge-initiated non-guideline sentences.  Specifically, these data show that for FY09, approximately 57% of all federal sentences are within the calculated guidelines range, with prosecutors sponsoring a below-range sentence in more than 25% of all cases, and with judges ordering an above-guideline sentencing in 2% of all cases and initiation a below-guideline sentence in nearly 16% of all cases.  

Not long after the 2008 election, I speculated here that ground-level sentencing trends might show the imprint of a new administration before there were any formal legal and policy developments.  Interestingly, these latest numbers continue the trend of a very slow, but not seemingly steady, migration away from guideline ranges.  But, in general terms, these data still show only gradual evolutions, not any obvious revolutions, in federal sentencing practices and outcomes at the district court level

March 11, 2010 at 03:33 PM | Permalink

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