When will there be more official post-Booker data?
As I have mentioned before, the US Sentencing Commission initially did a great job producing (on this page) real-time data on how Booker was affecting (or not affecting) federal sentencing outcomes in the district courts. But, after its March 2006 report on the first year after Booker, real-time sentencing data from the USSC has been in short supply. And, even more disappointingly, the Commission has not publicly explored some of the most dynamic post-Booker data issues such as defendants’ fates after remands (cf. Judge McConnell’s insights in Medley) or post-Booker sentencing outcomes for white-collar or other particular types of offenders.
The absence of new and up-to-date sentencing data from the USSC is especially troubling given that the Supreme Court is exploring post-Booker sentencing realities and reasonableness review in Claiborne and Rita. In addition, transitions in Congress could and should facilitate new conversations about post-Booker legislative reforms, and the USSC ought to be prompting such conversations through sophisticated data analysis about post-Booker sentencing realities.
I continue to want to hopeful and optimistic about the USSC’s ability to encourage sensible, data-focus post-Booker reforms. But, as the Booker data silence grows more deafening, the USSC’s post-Booker work is looking even more uninspiring.
Some recent (and older) related posts: