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June 1, 2006

New Booker data shows more within-guideline sentences

The US Sentencing Commission now has on its Booker webpage the latest, greatest batch of basic post-Booker sentencing statistics. This latest "Post-Booker Sentencing Update," which can be accessed here, provides an "extensive set of tables and charts presenting data on post-Booker cases received, coded, and edited ... [through] close-of-business on May 1, 2006."

Though the latest data does not seem to reflect any radical shift in post-Booker sentencing results, there is yet another slight up-tick in the number of nationwide within-guideline sentences  (up to 62.6% up from 61.9% in February and from 61.2% earlier).  Though I doubt this is a statistically significant change, I must speculate that the ugly pattern of reasonableness review (discussed here and here and here) could be leading a few more district judges to adhere to the guidelines. 

As I have stressed in prior posts here and here and here, more detailed data are needed for truly a complete view of the post-Booker world.  At the district court level, I remain eager to see data on the most common grounds for departures and variances, as well as data on within- and outside-guidelines sentences for first and/or non-violent offenders.  And, of course, I want to see some concrete appellate disposition numbers as well.

June 1, 2006 at 10:54 PM | Permalink


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