More CA3 defendants get sentences below-Guidelines than within-Guidelines

Less than 36% of criminal defendants sentenced in the Third Circuit are receiving sentences within the range set by the Sentencing Guidelines, according to the most recent data from the US Sentencing Commission. This is much lower than the within-Guideline sentencing rate nationally, which is 48.6%. Only CA2 and CA9 courts sentence within the Guidelines less often than CA3.

Defendants sentenced outside the Guideline range almost always are sentenced below the Guidelines range. Within CA3, less than 2% of defendants received an above-Guidelines sentence.

Digging deeper into the numbers, the biggest single reason CA3 defendants get below-Guidelines sentences is for substantially assisting the prosecution, accounting for 31.2% of all CA3 sentences. That’s the highest circuit rate in the country, by far. The national rate is only 12.8%. In fact, one CA3 district — E.D.Pa. — has the single highest rate of defendants credited for substantial assistance of any district in the country, 43.6%. And DNJ is third at 35.7%. (Why? Are prosecutors more generous about rewarding cooperation? Are they more draconian about punishing non-cooperation?)

On the other hand, very few defendants within CA3 — less than 1% — are benefiting from early disposition programs. That’s far below the national rate of 9.2%, a figure driven mostly by a 28.6% rate in CA9 (including 56.8% in SDCa!) and 17.3% rate in CA10. And EDNY, where CA3-conference-presenter Gleeson sits, has a 10.9% early-disposition-sentence-reduction rate. In the wake of this year’s CA3 circuit conference, I’m hoping use of early disposition in CA3 will rise dramatically.

These stats all come from the US Sentencing Commission’s 2nd quarter Preliminary Quarterly Data Report released earlier this week. H/T Douglas Berman at Sentencing Law and Policy.