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March 20, 2006

The USSC Booker report is back (with corrections)

As I noted here late Friday, the US Sentencing Commission's 277-page Booker report released last week (discussed here and here) went missing from the USSC website so that the Commission could do one last check for any typographical, technical, or computational errors.  I am pleased to report that the Booker report is now back on the USSC website, and it appears to be bigger and better than ever.

Specifically, the Booker report is now titled "Final Report on the Impact of United States v. Booker on Federal Sentencing" and it now runs a full 338 pages(!!) at this link.  In addition, this errata note explains that there have been some corrections.  Here is how the errata sheet begins:

On March 13, 2006, the Sentencing Commission released on its website an electronic version of its report on the impact of United States v. Booker on Federal sentencing.  This report endeavors to provide sentencing data in a format relevant and meaningful to post-Booker analysis and therefore reports data outside of the Commission's customary fiscal year reporting practices. In the process of finalizing the report for printing, three programming errors were identified that required correction of certain data.

The most notable correction/change seems to concern the within-guideline sentencing rate after the PROTECT Act and before Booker: "As a result [of a programming error], for the post-PROTECT Act time period, the preliminary report understated the percent of cases sentenced within and above the applicable guideline sentencing range, and overstated the percentage of cases sentenced below the applicable guideline sentencing range."

UPDATE:  An eagle-eye reader has now discovered that, as of Tuesday morning, the Final Booker report from the USSC at this link is back down to its original size of a svelte 277 pages.  I do not know exactly what accounts for the miraculous slimming overnight, but perhaps the extra 60 pages that appear late on Monday was all water weight.

March 20, 2006 at 05:47 PM | Permalink


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» Sentencing Commission's Booker Report Online from TalkLeft: The Politics of Crime
Via Sentencing Law and Policy, the 277 page final report of the U.S. Sentencing Commission on the impact of the Supreme Court decision in Booker v. U.S. which made the guidelines advisory rather than mandatory is now available free online.... [Read More]

Tracked on Mar 21, 2006 3:26:16 AM

» Tuesday News Roundup from ACSBlog: The Blog of the American Constitution Society
The US Sentencing Commission has released a 277-page report on the impact of Booker. Sentencing Law and Policy has more. (Via TalkLeft.) At Balkinization, Mark Graber comments on a recent study which concludes that the rise in average judicial tenure... [Read More]

Tracked on Mar 21, 2006 2:51:03 PM


Professor, I am a defense attorney and trying to obtain a copy of the 2006 Booker report issued by the USSC. Their website appears to have crashed and I can't find it anywhere. Do you happen to have a copy you could email me? Thanks, and thanks for your great work on this blog.

Brad Clanton
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Posted by: Brad Clanton | Dec 27, 2008 4:02:56 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