Guideline Application Frequencies for Fiscal Year 2004
The following two comprehensive data tables provide information on guideline application during Fiscal Year 2004. The first table, Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2004, details the use, during this fiscal year, of each guideline, alternative base offense level, and Specific Offense Characteristic (SOC). The second table, Chapter Three Adjustments, Use of Specific Offense Characteristics, Upward Departures and Trial Rates: Fiscal Year 2004, provides the number and percentage of cases involving the use of the pertinent guideline sections. The statistics are presented in three sections: the overall fiscal year, the pre-Blakely period (October 1, 2003 through June 24, 2004), and the post-Blakely period (June 25, 2004 through September 30, 2004).
During Fiscal Year 2004, 70,068 cases were received by the Commission, of which, 57,419 (81.9 percent) contained complete guideline information. "Complete guideline information" means that the following sentencing documents were received by the Commission: the Statement of Reasons, the Presentence Report and the Judgment and Conviction Order. These tables include information on all guideline applications for the 57,419 cases with complete guideline information. Consequently, in cases with multiple guideline calculations, each guideline calculation is included separately in the analysis. During the pre-Blakely period, 51,865 cases were received by the Commission and 42,685 had complete guideline information (82.3 percent). The Commission received 18,203 cases during the post-Blakely period and 14,734 (80.9 percent) had complete guideline information.
These tables include Fiscal Year 2004 cases that were sentenced using the 2003 Guidelines Manual as well as prior versions of the Guidelines Manual. Data for guideline application from multiple versions of the Manual result because within any fiscal year, sentenced cases may include guideline applications using earlier versions of the Guidelines Manual. See USSG §1B1.11 (Use of Guidelines Manual in Effect on Date of Sentencing (Policy Statement)). For example, guideline 2F1.1 (Fraud and Deceit) was consolidated into a different guideline and §2F1.1 was deleted from the Guidelines Manual effective November 1, 2001. However, 1,384 cases were sentenced under this guideline in FY 2004.
Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2004 - Overall Fiscal Year