Introduction

The following four comprehensive data tables provide information on guideline application during fiscal year 2023. The Commission received information concerning 64,124 cases in which an individual was sentenced in fiscal year 2023, of which 60,922 contained complete guideline information. The term "complete guideline information" means that the Commission received the following sentencing documents for each case: the Judgment and Commitment Order, the Statement of Reasons, and the Presentence Report.  There are two sets of two tables.

The first table, Use of Guidelines and Specific Offense Characteristics (Guideline Calculation Based), details the use of each guideline, alternative base offense level, and specific offense characteristic (SOC) for that year. The second table, Chapter Three Adjustments (Guideline Calculation Based), provides the number and percentage of Chapter Three adjustments for each guideline. These tables include information on all guideline applications for the 60,922 cases with complete guideline information. In cases with multiple guideline calculations, resulting from multiple counts of conviction, the guideline calculation for each count of conviction is included separately in the analysis.

The second set of tables provides similar information but on a person-by-person basis. Use of Guidelines and Specific Offense Characteristics (Individual Based) provides an analysis of the primary guideline applied by the court in each case, including any alternative base offense level and SOC for that guideline. In case with more than one guideline calculation, resulting from multiple counts of conviction, the primary guideline is the guideline that resulted in the final offense level that the court applied when determining the sentence. Data relating to the application of guideline provisions that were not the primary guideline in the case are not included. Chapter Three Adjustments (Individual Based) provides the number and percentage of the Chapter Three adjustments for the primary guideline applied in each case.

These tables include information on cases in which the person was sentenced in fiscal year 2023 and where the court used the 2021 Guidelines Manual or a prior version of the Guidelines Manual. The inclusion of data from multiple versions of the Guidelines Manual occurs because in any fiscal year courts may apply earlier versions of the Guidelines Manual depending on the facts of the case. See USSG §1B1.11 (Use of Guidelines Manual in Effect on Date of Sentencing (Policy Statement)).