Post-Booker Information

Upon the release of the Commission’s Sourcebook and Annual Report for each fiscal year, the reports of preliminary data for that fiscal year are removed from the Commission’s website.  As indicated in the monthly and quarterly reports, the tables and figures contained only preliminary data gathered from information provided to the Commission at the time of each report.  The information provided in these reports is available in final form within the Commission’s Sourcebook for that fiscal year.

FY2008 3nd Quarterly Sentencing Update (Published September 16, 2008): An extensive set of tables and charts presenting cumulative quarterly data on cases sentenced in fiscal year 2008. The numbers are prepared using data from cases in which the defendant was sentenced by the close-of-business on June 30, 2008 and which were received, coded, and edited by the Commission by September 8, 2008.

FY2008 2nd Quarterly Sentencing Update (Published June 2, 2008): An extensive set of tables and charts presenting cumulative quarterly data on cases sentenced in fiscal year 2008. The numbers are prepared using data from cases in which the defendant was sentenced by the close-of-business on March 31, 2008 and which were received, coded, and edited by the Commission by May 27, 2008.

FY2008 1st Quarterly Sentencing Update (Published March 28, 2007): An extensive set of tables and charts presenting cumulative quarterly data on cases sentenced in fiscal year 2008. The numbers are prepared using data from cases in which the defendant was sentenced by the close-of-business on December 31, 2007 and which were received, coded, and edited by the Commission by March 27, 2008.

Final FY07 Quarterly Sentencing Update (Published March 19, 2008): An extensive set of tables and charts presenting the final cumulative fiscal year quarterly data on cases sentenced in fiscal year 2007. The report also provides an analysis of sentencing trends over five years for several key sentencing practices.

Final FY06 Quarterly Sentencing Update (Published March 16, 2007): An extensive set of tables and charts presenting the final cumulative fiscal year quarterly data on cases sentenced in fiscal year 2006.

Amicus Curiae Brief Filed by the United States Sentencing Commission. On January 22, 2007, the United States Sentencing Commission filed an amicus curiae brief with the Supreme Court of the United States in Support of the United States in Claiborne v. United States and Rita v. United States. The brief addressed the question of whether a district court's application of the Sentencing Guidelines produces a presumptively reasonable sentence.

Report on the Impact of United States v. Booker on Federal Sentencing. This report assesses the impact of United States v. Booker on federal sentencing. March 2006. (PDF) Explanation of revisions to version released March 13, 2006. (PDF)

Selected Post-Booker Decisions (May 2005). This document explores substantive post-Booker circuit court opinions and highlights representative opinions from some district courts and is not meant to be exhaustive of all decisions discussing the varied issues raised by the Booker opinion. Only cases which were available on Westlaw, Lexis-Nexis, and PACER through May 13, 2005, are included. (.PDF)

Memo dated April 13, 2005 with a look at post-Booker cases received, coded, and edited as part of the Commission’s post-Booker project. The numbers are prepared using data extracted at close-of-business on April 5, 2005. 

PREPARED TESTIMONY of Judge Ricardo H. Hinojosa Chair, United States Sentencing Commission before the Subcommittee on Crime, Terrorism, and Homeland Security Committee on the Judiciary, United States House of Representatives - February 10, 2005

CLC/USSC Joint Memorandum To The Federal Judiciary from the respective Chairs of the Sentencing Commission and the Criminal Law Committee of the Judicial Conference of the United States emphasizing the importance of continuing to submit sentencing documents to the Sentencing Commission.

January 13, 2005 News Release: U.S. Sentencing Commission Chair Comments on High Court Ruling.

United States v. Booker and United States v. Fanfan, _______ U.S. _______ (January 12, 2005): The U.S. Supreme Court's ruling regarding the application of the Blakely v. Washington holding to the federal system can found here.

Survey Results/Preliminary Findings on Blakely Effect. While awaiting the submission and analysis of empirical data on the effect of the Blakely decision, the Commission staff conducted a survey of 40 sample subjects (judges, defense counsel, and probation officers) in the Seventh and Ninth Circuits to attempt to determine, through anecdotal means, how those jurisdictions are handling their criminal caseloads. (November 2004). (.PDF)

A Public Hearing was held Tuesday, November 16, 2004, at 1:00 p.m. and Wednesday, November 17, 2004, at 10:00 a.m. in Washington, D.C. Public Hearing Transcript and Submitted Testimony are available for viewing.

Amicus Curiae Brief Filed By United States Sentencing Commission. On September 1, 2004, the Commission filed an amicus curiae brief with the United States Supreme Court in support of the position of the United States in the consolidated cases U.S. v. Booker and U.S. v Fanfan. (.PDF)

Testimony of Commissioner John R. Steer and Judge William K. Sessions III, before the Senate Committee on the Judiciary. Blakely v. Washington and the Future of the Federal Sentencing Guidelines (July 13, 2004)(.PDF)

The Office of General Counsel has created a database for the purpose of tracking lower federal opinions regarding the Supreme Court’s decision in Blakely v. Washington. However, this database is not meant to be exhaustive of all decisions discussing the varied issues raised by the Blakely opinion (i.e., applicability, constitutionality, severability, retroactivity, etc.). View the two part report - 11/30/2004.