New batch of (old) post-Booker data
Providing a belated Valentine’s Day present, the US Sentencing Commission has at this link a new batch of post-Booker sentencing data on its Booker webpage. Interestingly, this latest post-Booker data run, dated Feb. 14, shows a slight up-tick in the number of nationwide within-guideline sentences since the last data report (up to 61.9% from 61.2%). Though I doubt this is a statistically significant change, I must speculate that the ugly pattern of reasonableness review (discussed here and here) could be leading a few more district judges to adhere to the guidelines.
Disappointingly, this latest data run does not provide any new additional types or break-downs of data. As I have stressed in prior posts here and here and here, more detailed data are needed for a complete view of the post-Booker world. At the district court level, I am especially eager to see data on the most common grounds for departures and variances, as well as data on within- and outside-guidelines sentences for first and/or non-violent offenders. And, despite the virtues of Booker patience, I am really craving any sort of data on appeals and reasonableness review.