NCJ Number
215555
Date Published
2006
Length
482 pages
Annotation
This report presents statistics on the application of the Federal sentencing guidelines in selected district, circuit, and national courts during fiscal year 2005 (October 1, 2004, through September 30, 2005).
Abstract
The data cover cases sentenced both before and after the U.S. Supreme Court's decision in Booker v. United States (January 12, 2005). In "Booker," the Supreme Court held that the mandatory application of the Federal sentencing guidelines violated the right to trial by jury guaranteed under the sixth amendment. The Court remedied this violation by rendering unconstitutional the provisions in the Sentencing Reform Act that made the Federal sentencing guidelines mandatory, thereby converting the mandatory system that had existed for almost 20 years into an advisory system. In 2005, the U.S. Sentencing Commission received documentation on 72,462 cases sentenced under the guidelines. Of these cases, 53,674 were sentenced after the "Booker" decision. Because "Booker" generated differences in sentencing practices and procedures, the Commission created two datasets that analyzed the Federal sentences imposed in 2005. The first dataset contains cases sentenced between October 1, 2004, and January 11, 2005, the day before the "Booker" decision. The second dataset contains sentences imposed from January 12, 2005, through September 30, 2005. These sentences were imposed under the sentencing methodology required by "Booker." Each of these two datasets contains statistics on sentencing, guideline application, departures and sentences within the guideline range, drug cases, immigration cases, the sentencing of organizations, and sentencing appeals. In addition to these two datasets, one section of the report presents data on primary offense and offender characteristics for cases sentenced October 1, 2004, through September 30, 2005. Offender characteristics include race, gender, age, education, and citizenship status. Data on sentencing appeals are also presented in this section. Extensive tables