Career Offender Sentencing Enhancements (July 2016)
This report provides a broad overview of several key findings of the United States Sentencing Commission’s multi-year study of statutory and guideline definitions relating to the nature of a defendant’s prior conviction (e.g., “crime of violence,” “violent felony,” “drug trafficking offense,” and “felony drug offense”) and the impact of such definitions on the relevant statutory and guideline provisions (e.g., the career offender guideline and the Armed Career Criminal Act). The report begins by providing background on the career offender directive and the resulting career offender guideline. It also provides sentencing and recidivism data concerning career offenders, including data demonstrating the substantial impact the directive and the career offender guideline have on the resulting sentencing range. The report concludes by recommending statutory changes, including changes that would better tailor the significantly enhanced penalties required for career offenders. A more targeted approach in this area would account for differences among current career offenders and would result in sentences that are more proportional (published July 28, 2016).
- Full Report (browse by section below)
- Report At A Glance
- Press Release
- Quick Facts on Career Offenders (backgrounder)
Executive Summary
Section One
Section One provides an introduction to the report and highlights the Commission's recommendations.
Section Two
Section Two provides a historical overview of the Career Offender guideline (section 4B1.1).
- The Career Offender Directive
- The Career Offender Directive in Context
- The Career Offender Guideline
Section Three
Section Three examines federal sentencing data to answer, "Who are Career Offenders and how are they sentenced?"
- Offender Demographics and Offense Characteristics
- Impact of Career Offender Status
- Sentences Relative to the Guideline Range
- Punishment
Section Four
Section Four highlights the Commission's recommendation that the career offender guideline focus on violent offenders.
- The Commission’s Multi-Year Study
- Pathways to Career Offender Status
- Current Sentencing Practices
- Recidivism Rates
- Takeaways and Recommendations
- Statutory Proposal
Section Five
Section Five highlights the Commission's recommendation that Congress enact a uniform definition of "crime of violence" for federal criminal law applications.
- Federal Statutes Presently Contain Multiple Definitions
- The Need to Reform Recidivist Enhancement Definitions
- The Commission’s Crime of Violence Definition
- Takeaways and Recommendations
Endnotes
Appendix