Guideline Application Frequencies for Fiscal Year 2009
The following two comprehensive data tables provide information on guideline application during Fiscal Year 2009. The first table, Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2009, 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, Fiscal Year 2009, provides the number and percentage of Chapter Three adjustments for each guideline.
During Fiscal Year 2009, 81,372 cases were received by the Commission, of which, 71,054 (87.3 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 71,054 cases with complete guideline information. Consequently, in cases with multiple guideline calculations, each guideline calculation is included separately in the analysis.
These tables include Fiscal Year 2009 cases that were sentenced using the 2008 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, 107 cases were sentenced under this guideline in FY 2009.