Annual Report 1995

United States Sentencing Commission

1995 Annual Report

Message from the Chairman

The President,
The Congress, and
The Judicial Conference
of the United States of America

I am pleased to transmit this Annual Report which reviews the activities and accomplishments of the United States Sentencing Commission in 1995. The report also includes descriptive statistics on implementation of the sentencing guidelines by judicial district, circuit, and across the nation.

The Sentencing Commission continued its role as a resource to all three branches of government on criminal justice issues. This responsibility was highlighted this year by four special reports to Congress on issues ranging from cocaine to fraud offenses committed against elderly victims. At the same time, we continued to fulfill our fundamental mission to develop and monitor the sentencing guidelines, conduct research and serve as a clearinghouse of information on sentencing issues, and train judges, attorneys, and probation officers on guideline application.

In 1995, the Commission identified comprehensive review of the sentencing guidelines as a top agency priority. The objective of this review is to reduce the complexity of guideline application and to assess how well the guidelines are meeting the congressional objectives outlined in the Sentencing Reform Act of 1984 and subsequent legislation.

We remain committed to developing and implementing effective sentencing policies for the federal criminal justice system in cooperation with all branches of government.

Respectfully,

Richard P. Conaboy

Chairman

The annual report is availble for downloading or viewing in .pdf format. There is a separate .pdf file for each chapter, the tables, and the figures.

Introduction
Chapter One
Chapter Two
Chapter Three
Chapter Four
Chapter Five
Figures
Tables

Annual Report 1995 - Table of Contents

Title Page				i
Staff Page				ii
Letter From the Chairman				iii
List of Figures				ix
List of Tables				xi
Introduction				xv
Chapter One, Commission Overview				1
	Organization			1
	Staffing			2
	Budget and Expenditures			2
Chapter Two, Guideline Amendments				5
	Amendment Authority			5
	Amendments Promulgated			5
	Working Groups			7
		Cocaine		8
		Money Laundering		9
		Food and Drug		9
		Sex Crimes		10
		Elderly and Child Victims		11
		Substantial Assistance		11
	Guideline Simplification			12
	Guideline Assessment			13
Chapter Three, Legal Issues				15
	Introduction			15
	Supreme Court			15
	Court Appeals			16
	Relevant Conduct and Mandatory Minimum Sentences			16
	Sentencing Entrapment in Drug Trafficking Cases			17
	Fraud and Deceit			17
	Safety Valve			18
	Waivers of Appeal			18
	Departures Based on Offense Characteristics			19
	Departure Based on Offender Characteristics			20
Chapter Four, Guideline Training and Education				25
	Training			25
		Training New Appointees		25
		District-Based Guideline Education		26
	Hotlines			26
		Calls Received in 1995		26
		Temporary Assignment Program		28
	Public Information/Clearinghouse			29
	Publications and Training Materials			29
	ASSYST			30
Chapter Five, Research				33
A. MONITORING				33
	Background and Data Collection Activities			33
		Statutory Requirements		33
		USSC Data Collection		33
		Data Collection Issues		34
	Descriptive Statistic			35
		Implement of the Guidelines		35
	Primary Offense and Demographic Characteristics			41
		Primary Offense Type		41
		Race and Ethnicity		41
		Gender		41
		Age		46
		Education		46
		Mode of Conviction		51
	Sentencing Information on Guideline Cases			57
		Type of Sentence		57
		Length of Imprisonment		57
		Sentence Trends		59
		Fines and Restitution		64
		Sentencing Alternatives		66
	Guideline Application			69
		Overview		69
		Chapter Two Guideline Application		69
		Chapter Three Adjustments		72
		Chapter Four Assessment of Criminal History		77
		Determining the Applicable Sentencing Range-Chapter Five		81
		Departures and Sentences Within the Guideline Range		84
		Departure Rates		85
		Within Guideline Range Sentences and Departures by Circuit and District		88
		Discretion Under the Guidelines		88
		Non -U.S. Citizens as Federal Defendants		93
		Offense and Offender Characteristics for Non-U.S. Citizens		94
		Guideline Drug Defendants		100
		Trends in Drug Guideline Cases		109
		Drug Offense Trends: Number of Cases		111
		Drug Offense Trends: Demographics		111
		Drug Offense Trends: Guideline Application		113
		Drug Offense Trends: Departures and Sentence Length		120
	Organizational Sentencing Practices			122
		Organizational Guidelines		122
		Offender Characteristics		124
		Offense Characteristics		125
		Culpability Score		125
		Sanctions Imposed		126
		Organizations Sentences Under Antitrust Guideline		130
	Sentencing Appeals			130
		Introduction		130
		Appellate Data Collection		130
		Summary of Information Received		131
		Issues and Guidelines Appealed		132
		Offense and Offender Characteristics		142
B. RESEARCH STUDIES				148
	Just Punishment Research Project			148
	Selective Incapacitation Project			148
	Prison Impact Assessment			149
	Symposium on Corporate Crime			152

Appendix A, Descriptions of Data files, Variables, and Footnotes

Appendix B, Selected Criminal Justice and Sentencing Statistics ( by District)

LIST OF FIGURES

Figure A	Organization of the United States Sentencing Commission	2
Figure B	Distribution of Sentenced Guideline Defendants by Primary Offense Category	42
Figure C	Number of Guideline Cases Selected Offense Types and Year	44
Figure D	Mode of Conviction by Sentencing Year	52
Figure E	Type of Guideline Sentence Imposed	58
Figure F	Average Length of Imprisonment by Grouped Primary Offense Categories and Year	61
Figure G	Imprisonment Rates of Defendants Eligible for Non-Prison Sentences by Select Primary Offense Type	68
Figure H	Type of Departure by Sentencing Year	86
Figure I	Defendant Citizenship Status by Circuit	95
Figure J	Distribution of Drug Guideline Offenses	100
Figure K	Average Length of Imprisonment by Drug Type	110
Figure L	Number of Drug Defendants by Drug Type and Year	112
Figure M	Race by Drug Type and Year for Drug Defendants	114
Figure N	Gender by Drug Type and Year for Drug Defendants	114
Figure O	Citizenship Status by Drug Type and Year for Drug Defendants	115
Figure P	Criminal History Status by Drug Type and Year for Drug Defendants	115
Figure Q	Mode of Conviction by Drug Type and Year for Drug Defendants	117
Figure R	Base Offense Level by Drug Type and Year for Drug Defendants	117
Figure S	Weapon Status by Drug Type and Year for Drug Defendants	119
Figure T	Role by Drug Type and Year for Drug Defendants	119
Figure U	Acceptance of Responsibility by Drug Type and Year for Drug Defendants	121
Figure V	Departure Status by Drug Type and Year for Drug Defendants	121
Figure W	Prison Sentence Imposed by Drug Type and Year for Drug Defendants	123
Figure X	Type and Disposition of Appeals Cases	136

LIST OF TABLES

Table 1	Budget Authority and Obligations	3
Table 2	Witness List: Proposed Amendments to the Sentencing Guidelines	6
Table 3	Downward Departure Factors Approved by Appellate Courts	21
Table 4	Downward Departure Factors Disapproved by Appellate Courts	22
Table 5	Upward Departure Factors Approved by Appellate Courts	23
Table 6	Upward Departure Factors Disapproved by Appellate Courts	24
Table 7	Hotline Questions Received by Guideline Section	27
Table 8	Document Submission Rate by Circuit and District	36
Table 9	Guideline Defendants by Circuit and District	39
Table 10	Distribution of Sentenced Guideline Defendants by Primary Offense Category	43
Table 11	Race of Defendant by Primary Offense Category	45
Table 12	Gender of Defendant by Primary Offense Category	47
Table 13	Age of Defendant by Primary Offense Category	48
Table 14	Age, Race, and Gender of Sentenced Guideline Defendants	49
Table 15	Education of Sentenced Guideline Defendants by Primary Offense Category	50
Table 16	Mode of Conviction by Circuit and District	53
Table 17	Mode of Conviction by Primary Offense Category	56
Table 18	Type of Sentences Imposed by Primary Offense Category	60
Table 19	Average Length of Imprisonment by Primary Offense and Criminal History Categories	62
Table 20	Fines and Restitution by Primary Offense Category	65
Table 21	Sentencing Zone by Type of Sentence Imposed	67
Table 22	Chapter Two Guideline Applied	70
Table 23	Chapter Three Guideline Application Information	73
Table 24	Acceptance of Responsibility Reduction by Primary Offense Category	76
Table 25	Chapter Four Guideline Application Information	78
Table 26	Career Offender/Armed Career Criminal Adjustments by Primary Offense Category	80
Table 27	Offense Level by Criminal History Category	82
Table 28	Guideline Sentencing Range	83
Table 29	Reasons for Upward Departures	87
Table 30	Reasons for Downward Departures	87
Table 31	Guideline Departure Rate by Circuit and District	89
Table 32	Position of Sentence Relative to Guideline Range by Primary Offense Category	92
Table 33	Country of Citizenship of Sentenced Non-U.S. Citizens	96
Table 34	Demographic and Offense Information by Citizenship Status	97
Table 35	Citizenship Status of Defendant by Primary Offense Category	98
Table 36	Averages Imprisonment by Citizenship Status of Defendant for Select Offenses	99
Table 37	Guideline of Sentenced Drug Defendants by Drug Type	102
Table 38	Race of Drug Defendant by Drug Type	103
Table 39	Gender of Drug Defendant by Drug Type	104
Table 40	Citizenship of Drug Defendant by Drug Type	104
Table 41	Criminal History Category of Drug Defendant by Drug Type	106
Table 42	Mode of Conviction of Drug Defendant by Drug Type	107
Table 43	Weapon Involvement of Drug Defendant by Drug Type	107
Table 44	Role Adjustment of Drug Defendant by Drug Type	108
Table 45	Acceptance of Responsibility of Drug Defendant by Drug Type	108
Table 46	Departure Status of Drug Defendants by Drug Type	109
Table 47	Distribution of Sentenced Organizational Defendants by Primary Offense Category	126
Table 48	Organizations Sentenced Under Chapter Eight: Culpability Factors	127
Table 49	Fines Imposed by Primary Offense Category on Sentenced Organizations	128
Table 50	Restitution Imposed by Primary Offense Category on Sentenced Organizations	128
Table 51	Fines Imposed by Volume of Commerce on Sentenced Organizations Under the Antitrust Guideline	129
Table 52	Type of Appeal by Circuit and District	133
Table 53	Sentencing Appeals Case Disposition by Circuit and District	137
Table 54	Guideline Involved in Issues Appealed by Defendants	140
Table 55	Guideline Involved in Issues Appealed by the Government	141
Table 56	Sentencing Issues Appealed for Select Guidelines	143
Table 57	Select Offense and Offender Characteristics for Appeals Defendants	145
Table 58	Average Length of Imprisonment for Appeals Defendant by Primary Offense Category	147

United States Sentencing Commission