tips from the district court bench - ussc.gov2012 annual national seminar materials: tips from the...
TRANSCRIPT
Tips From the District Court Bench
June 2012
New Orleans, LA
Data Presentation
Source:
Number of Offenders Fiscal Year 2011
• 86,201 Individuals Sentenced
• 160 Organizations Sentenced
SOURCE: U.S. Sentencing Commission's Interactive Sourcebook (www2.usscsourcebook.org) Preliminary Tables using the Commission's fiscal year 2011 Datafile, USSCFY2011.
4
Primary Offense Types
0rugs
28.4%
Firearms
9.2%
Child Porn
2.2%Other
9.4%Larceny
1.8%
White
Collar
3.6%
Fraud
9.8%
Immigration
34.5%
National - FY 2011
SOURCE: U.S. Sentencing Commission, 2011 Datafile OPAFY11: 85,122 of 86,201 cases
Number of Offenders in Selected Offenses Fiscal Year 2011
Offense Type Number of
Cases Percent of All
Cases
Percent Change from
FY 2010
SOURCE: U.S. Sentencing Commission's Interactive Sourcebook (www2.usscsourcebook.org) Preliminary Tables using the Commission's fiscal year 2010-2011 Datafiles, USSCFY2010-USSCFY2011.
Drug Trafficking 24,442 28.4 +4.0
Fraud 8,332 9.7 +3.3
Firearms 7,858 9.1 -1.6
Child Pornography 1,855 2.2 -1.6
Immigration 29,717 +4.3 34.5
6
Within Guideline
Range 54.5%
Above Guideline
Range 1.8%
Position of Sentences in Relation to Guideline Range National - FY 2011
5K1.1 11.2%
Other Below 17.4%
Other Govt 15.1%
SOURCE: U.S. Sentencing Commission, 2011 Datafile OPAFY11: 84,744 of 86,201 cases
Sentence Relative to the Guideline Range
for Selected Offenses Fiscal Year 2011
Cases missing information on position of sentence relative the guideline range were excluded from this analysis. SOURCE: U.S. Sentencing Commission's Interactive Sourcebook (www2.usscsourcebook.org) Preliminary Tables using the Commission's fiscal year 2011 Datafile, USSCFY2011.
Offense Type
Immigration
Drug Trafficking
Fraud
Firearms
Child Pornography
Within Range
57.7
46.2
54.6
59.2
34.9
Above Range
1.5
0.9
2.2
3.7
1.9
Gov’t Sponsored
Below Range
29.2
34.1
20.6
16.9
18.4
Non-Gov’t Sponsored
Below Range
11.6
18.7
22.6
20.2
44.9
Five Year Trends in Average Sentence
for Selected Offenses Fiscal Years 2007-2011
Cases missing information on primary offense type or with missing or indeterminable sentencing information were excluded from this analysis. Sentences of probation only are included in this analysis as zero months of imprisonment. In addition, the information presented in this figure includes time of confinement as described in USSG 5C1.1. SOURCE: U.S. Sentencing Commission's Interactive Sourcebook (www2.usscsourcebook.org) Preliminary Tables using the Commission's fiscal year 2007-2011 Datafiles, USSCFY2007-USSCFY2011.
0
20
40
60
80
100
120
140
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
Immigration Drug Trafficking Fraud Firearms Child Pornography Months
Five Year Trends in Average Sentence
for Selected Offenses Fiscal Years 2007-2011
Cases missing information on primary offense type or with missing or indeterminable sentencing information were excluded from this analysis. Sentences of probation only are included in this analysis as zero months of imprisonment. In addition, the information presented in this figure includes time of confinement as described in USSG 5C1.1. SOURCE: U.S. Sentencing Commission's Interactive Sourcebook (www2.usscsourcebook.org) Preliminary Tables using the Commission's fiscal year 2007-2011 Datafiles, USSCFY2007-USSCFY2011.
0
20
40
60
80
100
120
140
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
Immigration Drug Trafficking Fraud Firearms Child Pornography Months
Five Year Trends in Average Sentence
for Selected Offenses Fiscal Years 2007-2011
Cases missing information on primary offense type or with missing or indeterminable sentencing information were excluded from this analysis. Sentences of probation only are included in this analysis as zero months of imprisonment. In addition, the information presented in this figure includes time of confinement as described in USSG 5C1.1. SOURCE: U.S. Sentencing Commission's Interactive Sourcebook (www2.usscsourcebook.org) Preliminary Tables using the Commission's fiscal year 2007-2011 Datafiles, USSCFY2007-USSCFY2011.
0
20
40
60
80
100
120
140
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
Immigration Drug Trafficking Fraud Firearms Child Pornography Months
Five Year Trends in Average Sentence
for Selected Offenses Fiscal Years 2007-2011
Cases missing information on primary offense type or with missing or indeterminable sentencing information were excluded from this analysis. Sentences of probation only are included in this analysis as zero months of imprisonment. In addition, the information presented in this figure includes time of confinement as described in USSG 5C1.1. SOURCE: U.S. Sentencing Commission's Interactive Sourcebook (www2.usscsourcebook.org) Preliminary Tables using the Commission's fiscal year 2007-2011 Datafiles, USSCFY2007-USSCFY2011.
0
20
40
60
80
100
120
140
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
Immigration Drug Trafficking Fraud Firearms Child Pornography Months
Five Year Trends in Average Sentence
for Selected Offenses Fiscal Years 2007-2011
Cases missing information on primary offense type or with missing or indeterminable sentencing information were excluded from this analysis. Sentences of probation only are included in this analysis as zero months of imprisonment. In addition, the information presented in this figure includes time of confinement as described in USSG 5C1.1. SOURCE: U.S. Sentencing Commission's Interactive Sourcebook (www2.usscsourcebook.org) Preliminary Tables using the Commission's fiscal year 2007-2011 Datafiles, USSCFY2007-USSCFY2011.
0
20
40
60
80
100
120
140
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
Immigration Drug Trafficking Fraud Firearms Child Pornography Months
Audience Response System
Source:
What is your occupation?
A. B. C. D. E. F.
0% 0% 0%0%0%0%
A. Judge
B. Probation officer
C. Prosecutor
D. Defense Counsel
E. Circuit Staff Attorney/Law Clerk
F. Other
If you were the judge in which range would you sentence the defendant?
A. B. C. D. E.
0% 0% 0%0%0%
A. 151-188 months (Career Offender)
B. 140-175 months (Departure to CHC V)
C. 130-162 months (2 offense levels-25% reduction)
D. 15-21 months (range without Career Offender)
E. Some other range
What was the most important factor influencing your sentence?
A. B. C. D. E.
0% 0% 0%0%0%
A. Drug quantity
B. Seriousness of prior convictions
C. Lack of seriousness of prior convictions
D. Defendant’s history of steady employment
E. Other factors
In your experience, do you see defendants like the one in the original scenario?
A. B. C. D. E.
0% 0% 0%0%0%
A. Always
B. Often
C. Sometimes
D. Rarely
E. Never
If you were the judge in which range would you sentence the defendant?
A. B. C. D. E.
0% 0% 0%0%0%
A. 262-327 months (Career Offender)
B. 235-293 months (Departure to CHC V)
C. 210-262 months (2 offense levels/25% reduction)
D. 121-151 months (range before Career Offender)
E. Some other range
In your experience, does the Career Offender guideline adequately target the class of
recidivist offenders for whom a lengthy term of imprisonment is appropriate?
A. B. C. D. E.
0% 0% 0%0%0%
A. Always
B. Often
C. Sometimes
D. Rarely
E. Never
www.ussc.gov