Guideline Application Frequencies 2005

Guideline Application Frequencies for Fiscal Year 2005

Introduction

The materials contained herein are basically two comprehensive data tables. The first, entitled Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2005, details the use of each guideline, alternative base offense level, and Specific Offense Characteristic (SOC) in Fiscal Year 2005. The second, entitled Chapter Three Adjustments, Use of Specific Offense Characteristics, Upward Departures and Trial Rates: Fiscal Year 2005, gives the number and percentage of cases involving the use of the pertinent guidelines sections. The statistics are in three sections: the overall fiscal year, the pre-Booker period (October 1, 2004 through January 11, 2005), and the post-Booker period (January 12, 2005 through September 30, 2005).

During fiscal year 2005, 72,462 cases were received by the Commission, of which, 61,464 (84.8 percent) contained complete guideline information. This latter term, “complete guideline information” means the following documents were part of the submitted record: the Statement of Reasons, the Presentence Report and the Judgment and Conviction Order. These tables include information on all guideline calculations performed on the 61,464 cases with complete guideline information. Therefore in cases with multiple guideline calculations, each guideline calculation is included in the analysis. During the pre-Booker period, 18,788 cases were received by the Commission and 15,212 had complete guideline information (81.0 percent). The Commision received 53,674 cases during the post-Blakely period and 46,252 (86.1 percent) had complete guideline information.

Cases sentenced in any fiscal year include guideline applications from several amendment years. This occurs due to the guidelines policy statement governing which guideline is applicable at the time of sentencing. See USSG §1B1.11, p.s., Use of Guidelines Manual in Effect on Date of Sentencing. The analysis contained in these tables use the actual guideline under which the offender was sentenced. For example, though §2F1.1 (Fraud and Deceit) was consolidated into another guideline, a number of cases were sentenced using this guideline in FY 2005. As a result, the tables contain a reference to §2F1.1, which was applied 1,210 times, but no longer exists as a stand alone guideline.

Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2005 - Overall Fiscal Year

Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2005 - Pre-Booker

Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2005 - Post-Booker

Chapter Three Adjustments, Use of Specific Offense Characteristics, Upward Departures and Trial Rates: Fiscal Year 2005 - Overal Fiscal Year

Chapter Three Adjustments, Use of Specific Offense Characteristics, Upward Departures and Trial Rates: Fiscal Year 2005 - Pre-Booker

Chapter Three Adjustments, Use of Specific Offense Characteristics, Upward Departures and Trial Rates: Fiscal Year 2005 - Post-Booker