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When might the USSC have some post-Gall/Kimbrough data to share?

By Douglas A. Berman

It has now been more than two full months since the Supreme Court decisions in Gall and Kimbrough, and I am really wondering if these rulings have had a significant impact on district court sentencing outcomes.  From various conversations and news reports (and early judicial scholarship), Gall and Kimbrough have been viewed as dramatically important statements of the scope of post-Booker discretion that district judges now possess.  But the proof is in the data, and the US Sentencing Commission has not released any post-Gall/Kimbrough data (even though probably more than 10,000 sentences have now been imposed since Gall and Kimbrough came down). I do not fault the USSC on this data front; the Commission has surely been busy dealing with crack retroactivity issues and other matters...continue to full post

Full post as published by Sentencing Law and Policy on February 19, 2008 (boomark / email).