Sourcebook 2008

Introduction

This is the thirteenth edition of the United States Sentencing Commission’s Sourcebook of Federal Sentencing Statistics. This Sourcebook contains descriptive statistics on the application of the federal sentencing guidelines and provides selected district, circuit, and national sentencing data. The volume covers fiscal year 2008 (October 1, 2007, through September 30, 2008, hereinafter “2008”). This Sourcebook, together with the 2008 Annual Report, constitutes the annual report referenced in 28 U.S.C. § 997, as well as the analysis, recommendations, and accounting to Congress referenced in 28 U.S.C. § 994(w)(3).

The Commission has continued its statutory mission to collect data on federal sentencing decisions. The Commission received documentation on 76,478 cases sentenced in 2008 under the Sentencing Reform Act. The Commission received, coded, and edited the information from these sentencings into its comprehensive, computerized data collection system.

Background

The Commission collects and analyzes data on federal sentences to support its various activities. As authorized by Congress, the Commission’s numerous research responsibilities include (1) the establishment of a research and development program to serve as a clearinghouse and information center for the collection, preparation, and dissemination of information on federal sentencing practices; (2) the publication of data concerning the sentencing process; (3) the systematic collection and dissemination of information concerning sentences actually imposed and the relationship of such sentences to the factors set forth in section 3553(a) of title 18, United States Code; and (4) the systematic collection and dissemination of information regarding the effectiveness of sentences imposed (28 U.S.C. § 995(a)(12) and (14) through (16)).

The Commission maintains a comprehensive, computerized data collection system which forms the basis for its clearinghouse of federal sentencing information and which contributes to the agency’s research mission.

Pursuant to 28 U.S.C. § 994(w), the chief judge of each district is required to ensure that within 30 days of entry of judgment in a criminal case, the sentencing court submits a report of sentence to the Commission that includes (1) the judgment and commitment order; (2) the written statement of reasons; (3) any plea agreement; (4) the indictment or other charging document; (5) the presentence report; and (6) any other information the Commission needs.

Data from these documents are extracted and coded for input into various databases. It should be noted that data collection is a dynamic rather than a static process. When research questions arise, the Commission either analyzes existing data or adds information to its data collection system.

The Commission’s computerized datasets, without individual identifiers, are available via tape and the Internet through the Inter-University Consortium for Political and Social Research at the University of Michigan (ICPSR) and the Federal Justice Statistics Resource Center.¹

Datasets

For each case in its Offender Dataset, the Commission routinely collects case identifiers, sentencing data, demographic variables, statutory information, the complete range of court guideline decisions, and departure and variance information. Throughout 2008, the Commission continued to add data elements to its extensive computerized datafile on defendants sentenced under the guidelines. In addition to its standard data collection, the Commission often codes additional variables to study various distinct issues (e.g., drug offenses, criminal history).The Commission’s 2008 USSC Offender Dataset contains documentation on 76,478 cases sentenced under the Sentencing Reform Act between October 1, 2007, and September 30, 2008. A “case” is defined as one sentencing event for an individual defendant.The Organizational Dataset captures information on organizations sentenced under Chapter Eight of the guidelines. The Commission collects available data on organizational structure, size, and economic viability; offense of conviction; mode of adjudication; sanctions imposed (including probation and court-ordered compliance programs); and application of the sentencing guidelines. The Commission received information on 199 organizations that were sentenced under Chapter Eight of the sentencing guidelines in 2008.While the 2008 reporting year includes cases sentenced between October 1, 2007, and September 30, 2008, it is important to note that the offender and organizational data collected and analyzed in the 2008 Annual Report and 2008 Sourcebook of Federal Sentencing Statistics reflect only cases reported to the Commission (i.e., guidelines cases for which the courts forwarded appropriate documentation to the Commission) by February 2, 2009.The Appeals Dataset tracks appellate review of sentencing decisions. Information captured in this module includes district, circuit, date of opinion, sentencing issues, and the appellate court’s disposition. The Commission also tracks final opinions and orders, both published and unpublished, in federal criminal appeals. In 2008, the Commission gathered information on 8,688 appellate court cases.The appeals data system uses both the “group” and the “defendant” units of analysis. Each group comprises individual records representing all codefendants participating in a consolidated appeal. Each defendant’s record comprises the sentencing-related issues corresponding to that particular defendant. These records, linked together by a unique Commission-assigned appeals identification number, constitute a single group.In 2008, the Commission implemented a data collection system to track resentencings and other modifications of sentence. The information collected includes judicial district, reason for resentencing, new sentence, and guideline application information if available. Information is collected on eight types of resentencings and other modifications of sentence. In 2008, the Commission received documentation on 14,371 resentencings and other modifications of sentence. <hr align="left" noshade="noshade" size="1" width="200" />1 Commission datasets can be accessed using the Internet address http://www.ICPSR.umich.edu/ or http://fjsrc.urban.org/index.cfm.

Tables and Figures

Circuit and District Statistics

Table01.pdf

Table 1

Document Submission by Each Circuit and District

Table02.pdf

Table 2

Guideline Offenders in Each Circuit and District

Primary Offense and Offender Characteristics

FigA.pdf

Figure A

Distribution of Offenders in Each Primary Offense Category

Table03.pdf

Table 3

Change in Guideline Offenders in Each Primary Offense Category

FigB.pdf

Figure B

Number of Guideline Offenders in Selected Offense Types

Table04.pdf

Table 4

Race of Offenders in Each Primary Offense Category

Table05.pdf

Table 5

Gender of Offenders in Each Primary Offense Category

Table06.pdf

Table 6

Age of Offenders in Each Primary Offense Category

Table07.pdf

Table 7

Age Race and Gender of Offenders

Table08.pdf

Table 8

Education of Offenders in Each Primary Offense Category

Table09.pdf

Table 9

Citizenship of Offenders in Each Primary Offense Category

Sentencing Information

FigC.pdf

Figure C

Guilty Pleas and Trial Rates

Table10.pdf

Table 10

Guilty Pleas and Trials in Each Circuit and District

Table11.pdf

Table 11

Guilty Pleas and Trials in Each Primary Offense Category

FigD.pdf

Figure D

Distribution of Offenders Receiving Sentencing Options

Table12.pdf

Table 12

Offenders Receiving Sentencing Options in Each Primary Offense Category

Table13.pdf

Table 13

Average Sentence Length in Each Primary Offense Category

Table14.pdf

Table 14

Average Length of Imprisonment for Offenders in Each Criminal History Category by Primary Offense Category

FigE.pdf

Figure E

Average Length of Imprisonment in Each General Crime Category

Table15.pdf

Table 15

Offenders Receiving Fines and Restitution in Each Primary Offense Category

Table16.pdf

Table 16

Type of Sentence Imposed on Offenders in Each Sentencing Zone

FigF.pdf

Figure F

Imprisonment Rates of Offenders Eligible for Non-Prison Sentences in Selected Offense Types

Guideline Application

Table17.pdf

Table 17

Offenders Sentenced for Each Chapter Two Guideline

Table18.pdf

Table 18

Offenders Receiving Each Chapter Three Guideline Adjustment

Table19.pdf

Table 19

Offenders Receiving Acceptance of Responsibility Reductions in Each Primary Offense Category

Table20.pdf

Table 20

Offenders Receiving Chapter Four Criminal History Points

Table21.pdf

Table 21

Offenders in Each Offense Level and Criminal History Category

Table22.pdf

Table 22

Offenders Receiving Career Offender Armed Career Criminal Adjustments in Each Primary Offense Category

Table23.pdf

Table 23

Offenders in Each Guideline Sentencing Range

Departures and Sentences Within the Guideline Range

TableN.pdf

Table N

National Comparison of Sentence Imposed and Position Relative to the Guideline Range

TableN-DC.pdf

Table N-DC

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (DC Circuit)

TableN-1.pdf

Table N-1

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (1st Circuit)

TableN-2.pdf

Table N-2

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (2nd Circuit)

TableN-3.pdf

Table N-3

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (3rd Circuit)

TableN-4.pdf

Table N-4

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (4th Circuit)

TableN-5.pdf

Table N-5

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (5th Circuit)

TableN-6.pdf

Table N-6

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (6th Circuit)

TableN-7.pdf

Table N-7

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (7th Circuit)

TableN-8.pdf

Table N-8

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (8th Circuit)

TableN-9.pdf

Table N-9

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (9th Circuit)

TableN-10.pdf

Table N-10

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (10th Circuit)

TableN-11.pdf

Table N-11

Comparison of Sentence Imposed and Position Relative to the Guideline Range by Circuit (11th Circuit)

FigG.pdf

Figure G

Percent of Offenders Receiving Each Type of Departure

Table24.pdf

Table 24

Reasons Given by Sentencing Courts for Upward Departures from the Guideline Range

Table24a.pdf

Table 24A

Reasons Given by Sentencing Courts for Upward Departures With Booker 18 U S C 3553

Table24b.pdf

Table 24B

Reasons Given by Sentencing Courts for Sentences Above the Guideline Range With Booker 18 U S C 3553

Table25.pdf

Table 25

Reasons Given by Sentencing Courts for Downward Departures from the Guideline Range

Table25a.pdf

Table 25A

Reasons Given by Sentencing Courts for Downward Departures With Booker 18 U S C 3553

Table25b.pdf

Table 25B

Reasons Given by Sentencing Courts for Sentences Below the Guideline Range With Booker 18 U S C 3553

Table26.pdf

Table 26

Sentences Relative to the Guideline Range by Circuit and District

Table27.pdf

Table 27

Sentences Relative to the Guideline Range by Each Primary Offense Category

Table28.pdf

Table 28

Sentences Relative to the Guideline Range by Each Primary Sentencing Guideline

Table28a.pdf

Table 28A

Sentences Relative to the Guideline Range for Outside of the Range Attribution Category

Table29.pdf

Table 29

Within Range Cases Position of Sentence for Offenders in Each Primary Offense Category

FigH.pdf

Figure H

Position of Sentence Within Sentencing Range for Selected Offenses

Table30.pdf

Table 30

5K1 1 Substantial Assistance Departure Cases Degree of Decrease for Offenders in Each Primary Offense Category

Table30a.pdf

Table 30A

5K3 1 Early Disposition Program Departure Cases Degree of Decrease for Offenders in Each Primary Offense Category

Table31.pdf

Table 31

Other Government Sponsored Below Range Cases Degree of Decrease for Offenders in Each Primary Offense Category

Table31a.pdf

Table 31A

Downward Departures from Guideline Range Degree of Decrease for Offenders in Each Primary Offense Category

Table31b.pdf

Table 31B

Downward Departures With Booker 18 U S C 3553 Degree of Decrease for Offenders in Each Primary Offense Category

Table31c.pdf

Table 31C

Below Guideline Range With Booker 18 U S C 3553 Degree of Decrease for Offenders in Each Primary Offense Category

Table31d.pdf

Table 31D

All Remaining Below Guideline Range Cases Degree of Decrease for Offenders in Each Primary Offense Category

Table32.pdf

Table 32

Upward Departures from Guideline Range Degree of Increase for Offenders in Each Primary Offense Category

Table32a.pdf

Table 32A

Upward Departures With Booker 18 U S C 3553 Degree of Increase for Offenders in Each Primary Offense Category

Table32b.pdf

Table 32B

Above Guideline Range With Booker 18 U S C 3553 Degree of Increase for Offenders in Each Primary Offense Category

Table32c.pdf

Table 32C

All Remaining Above Guideline Range Cases Degree of Increase for Offenders In Each Primary Offense Category

Drug Cases

FigI.pdf

Figure I

Distribution of Guideline Drug Offenses

Table33.pdf

Table 33

Primary Drug Type of Offenders Sentenced Under Each Drug Guideline

Table34.pdf

Table 34

Race of Drug Offenders for Each Drug Type

Table35.pdf

Table 35

Gender of Drug Offenders for Each Drug Type

Table36.pdf

Table 36

Citizenship of Drug Offenders for Each Drug Type

Table37.pdf

Table 37

Criminal History Category of Drug Offenders for Each Drug Type

Table38.pdf

Table 38

Plea and Trial Rates of Drug Offenders for Each Drug Type

Table39.pdf

Table 39

Weapon Involvement of Drug Offenders for Each Drug Type

Table40.pdf

Table 40

Role Adjustment of Drug Offenders for Each Drug Type

Table41.pdf

Table 41

Acceptance of Responsibility of Drug Offenders for Each Drug Type

Table42.pdf

Table 42

Mean and Median Drug Amounts (In Grams) for Selected Base Offense Levels and Drug Types

Table43.pdf

Table 43

Drug Offenders Receiving Mandatory Minimums for Each Drug Type

Table44.pdf

Table 44

Drug Offenders Receiving Safety Valve and Mandatory Minimums for Each Drug Type

Table45.pdf

Table 45

Sentences Relative to the Guideline Range for Drug Offenders by Each Drug Type

FigJ.pdf

Figure J

Average Length of Imprisonment in Each Drug Type

FigK.pdf

Figure K

Distribution of Drug Type

FigL.pdf

Figure L

Mean Length of Imprisonment for Each Drug Type

Immigration Cases

Table46.pdf

Table 46

Demographic and Offense Information for Immigration Offenses

Table47.pdf

Table 47

Age of Offenders Sentenced Under Immigration Guidelines

Table48.pdf

Table 48

Citizenship of Offenders Sentenced Under Immigration Guidelines

Table49.pdf

Table 49

Criminal History Category and Citizenship of Offenders Sentenced Under Immigration Guidelines

Table50.pdf

Table 50

Mean and Median Sentences of Offenders Sentenced Under Immigration Guidelines by Sentences Relative to the Guideline Range

Organizational Sentencing Practices

Table51.pdf

Table 51

Organizations Receiving Fines or Restitution by Primary Offense Category and Applicability of Chapter Eight Fine Guidelines

Table52.pdf

Table 52

Mean and Median Fine or Restitution Imposed on Sentenced Organizations by Primary Offense Category

Table53.pdf

Table 53

Chapter Eight Organizational Sentencing Components

Table54.pdf

Table 54

Organizations Sentenced Under Chapter Eight Culpability Factors

Sentencing Appeals

Table55.pdf

Table 55

Types of Appeal in Each Circuit and District

FigM.pdf

Figure M

Type and Disposition of Appeals Cases

Table56.pdf

Table 56

Disposition of Defendant Sentencing Appeals in Each Circuit and District

Table56a.pdf

Table 56A

Disposition of Government Sentencing Appeals in Each Circuit and District

Table57.pdf

Table 57

Guideline Involved in Issues Appealed by the Defendants

Table58.pdf

Table 58

Guideline Involved in Issues Appealed by the Government

Table59.pdf

Table 59

Sentencing Issues Appealed for Selected Guidelines

Table60.pdf

Table 60

Offense and Offender Characteristics of Appeals Defendants

Table61.pdf

Table 61

Average Length of Imprisonment for Appeals Defendants in Each Primary Offense Category

Resentencing and Other Modifications of Sentence

Table62.pdf

Table 62

Type of Resentencing or Other Modification of Sentence by Each Circuit and District

FigN.pdf

Figure N

Distribution of Offenders by Type of Resentencing or Other Modification of Sentence

Appendices

Appendix A

appendix_A.pdf

Descriptions of Datafiles Variables and Footnotes

Appendix B

Selected Sentencing Statistics by District

nat08.pdf

Table

National

ak08.pdf

Table

Alaska

alm08.pdf

Table

Alabama Middle

aln08.pdf

Table

Alabama Northern

als08.pdf

Table

Alabama Southern

are08.pdf

Table

Arkansas Eastern

arw08.pdf

Table

Arkansas Western

az08.pdf

Table

Arizona

cac08.pdf

Table

California Central

cae08.pdf

Table

California Eastern

can08.pdf

Table

California Northern

cas08.pdf

Table

California Southern

co08.pdf

Table

Colorado

ct08.pdf

Table

Connecticut

dc08.pdf

Table

District of Columbia

de08.pdf

Table

Delaware

flm08.pdf

Table

Florida Middle

fln08.pdf

Table

Florida Northern

fls08.pdf

Table

Florida Southern

gam08.pdf

Table

Georgia Middle

gan08.pdf

Table

Georgia Northern

gas08.pdf

Table

Georgia Southern

gu08.pdf

Table

Guam

hi08.pdf

Table

Hawaii

ian08.pdf

Table

Iowa Northern

ias08.pdf

Table

Iowa Southern

id08.pdf

Table

Idaho

ilc08.pdf

Table

Illinois Central

iln08.pdf

Table

Illinois Northern

ils08.pdf

Table

Illinois Southern

inn08.pdf

Table

Indiana Northern

ins08.pdf

Table

Indiana Southern

ks08.pdf

Table

Kansas

kye08.pdf

Table

Kentucky Eastern

kyw08.pdf

Table

Kentucky Western

lae08.pdf

Table

Louisiana Eastern

lam08.pdf

Table

Louisiana Middle

law08.pdf

Table

Louisiana Western

ma08.pdf

Table

Massachusetts

md08.pdf

Table

Maryland

me08.pdf

Table

Maine

mie08.pdf

Table

Michigan Eastern

miw08.pdf

Table

Michigan Western

mn08.pdf

Table

Minnesota

moe08.pdf

Table

Missouri Eastern

mow08.pdf

Table

Missouri Western

msn08.pdf

Table

Mississippi Northern

mss08.pdf

Table

Mississippi Southern

mt08.pdf

Table

Montana

nce08.pdf

Table

North Carolina Eastern

ncm08.pdf

Table

North Carolina Middle

ncw08.pdf

Table

North Carolina Western

nd08.pdf

Table

North Dakota

ne08.pdf

Table

Nebraska

nh08.pdf

Table

New Hampshire

nj08.pdf

Table

New Jersey

nm08.pdf

Table

New Mexico

mp08.pdf

Table

Northern Mariana Islands

nv08.pdf

Table

Nevada

nye08.pdf

Table

New York Eastern

nyn08.pdf

Table

New York Northern

nys08.pdf

Table

New York Southern

nyw08.pdf

Table

New York Western

ohn08.pdf

Table

Ohio Northern

ohs08.pdf

Table

Ohio Southern

oke08.pdf

Table

Oklahoma Eastern

okn08.pdf

Table

Oklahoma Northern

okw08.pdf

Table

Oklahoma Western

or08.pdf

Table

Oregon

pae08.pdf

Table

Pennsylvania Eastern

pam08.pdf

Table

Pennsylvania Middle

paw08.pdf

Table

Pennsylvania Western

pr08.pdf

Table

Puerto Rico

ri08.pdf

Table

Rhode Island

sc08.pdf

Table

South Carolina

sd08.pdf

Table

South Dakota

tne08.pdf

Table

Tennessee Eastern

tnm08.pdf

Table

Tennessee Middle

tnw08.pdf

Table

Tennessee Western

txe08.pdf

Table

Texas Eastern

txn08.pdf

Table

Texas Northern

txs08.pdf

Table

Texas Southern

txw08.pdf

Table

Texas Western

ut08.pdf

Table

Utah

vae08.pdf

Table

Virginia Eastern

vaw08.pdf

Table

Virginia Western

vi08.pdf

Table

Virgin Islands

vt08.pdf

Table

Vermont

wae08.pdf

Table

Washington Eastern

waw08.pdf

Table

Washington Western

wie08.pdf

Table

Wisconsin Eastern

wiw08.pdf

Table

Wisconsin Western

wvn08.pdf

Table

West Virginia Northern

wvs08.pdf

Table

West Virginia Southern

wy08.pdf

Table

Wyoming

U. S. Sentencing Commission's 2008 Sourcebook of Federal Sentencing Statistics

Introduction

Background

Datasets

Tables and Figures

Appendices

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