Post- Booker Sentencing Statistics

Federal Judges Still Finding Their Way in Post-'Booker' Sentencing Landscape
Mary Pat Gallagher
New Jersey Law Journal
April 23, 2010
According to this article, circuit sentencing variance averages varied from 39.4 in the District of Columbia Circuit to 71.7 percent in the 5th Circuit. When judges opt not to stay within the guidelines, they are far more likely to go below them.  Nationally, lesser sentences were meted out in 41.2 percent of cases, versus only 2 percent where they were greater.