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Latest, greatest federal sentencing data run from USSC

By Douglas A. Berman

The US Sentencing Commission has some new post-Kimbrough/Gall sentencing data now up on its website. The USSC's updated data report, which can be accessed here, is described this way: Fiscal Year 2008 Post-Kimbrough/Gall Data Report: An updated set of tables presenting final data on fiscal year 2008 cases sentenced on or after December 10, 2007 through September 30, 2008. This report was prepared using data received, coded, and edited by the Commission by February 10, 2009. Notably, the new data continue to show that ust under 60% of all post-Gall sentences are now within the calculated guidelines range, though this fact is mostly a product of prosecutors requesting a below-range sentence in more than 25% of all cases.  And, as has always been the reality in the federal sentencing system, one can identify a number of large inter-circuit and inter-district variations in how many sentences fall within or outside calculated guideline ranges.continue to full post

Full post as published by Sentencing Law and Policy on February 19, 2009 (boomark / email).