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February 4, 2007

Will the USSC have more data for Claiborne and Rita?

It's been two months since the US Sentencing Commission released any additional post-Booker data and now nearly a year since USSC has produced any new type of Booker data.  As I noted here a few months ago, to my knowledge, the USSC has never publicly disclosed post-Booker data on dynamic issues such as defendants' fates after post-Booker remands and outcomes in white-collar cases and post-Booker appeal rates/outcomes.

Notably, many of the briefs in Claiborne and Rita (helpfully assembled by the NYCDL on this page) assemble and discuss post-Booker appeal data.  Interestingly, the USSC's brief in Claiborne and Rita only has a brief mention of post-Booker data; this discussion is focused on the fact that "the rate at which sentencing judges impose a sentence either within the Guidelines range or below the Guidelines range pursuant to a government-sponsored departure in circuits that apply a presumption of reasonableness (87.5 percent) is quite close to the rate (83.9 percent) in circuits that apply no presumption."  USSC Brief at 16.

I wonder if the USSC will have any additional public data releases in the run up to the Claiborne and Rita arguments (which are to be on February 20) or while SCOTUS is working on its opinions in Claiborne and Rita.  I hope so.

February 4, 2007 at 12:50 PM | Permalink


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