2006 Guideline Application Frequencies

Introduction

The following two comprehensive data tables provide information on guideline application during Fiscal Year 2006. The first table, Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2006, 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 2006, provides the number and percentage of cases involving the use of the pertinent guideline sections.

During Fiscal Year 2006, 72,585 cases were received by the Commission, of which, 64,055 (88.2 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 64,055 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 2006 cases that were sentenced using the 2005 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, 720 cases were sentenced under this guideline in FY 2006.

Use of Guidelines and Specific Offense Characteristics: Fiscal Year 2006

Chapter Three Adjustments, Use of Specific Offense Characteristics, Upward Departures and Trial Rates: Fiscal Year 2006