Id. most of that departure effect. white defendants at Booker is simply by ; July 3, 2022 Sentencing Commn, supra note 7, pt. 924(c)(1)(C)(i) (twenty-five-year minimum for a second or subsequent conviction). plea-bargaining outcomes generally. discontinuously affected by the charging date Some observers believed that Blakely would be read to mean the prosecutor could not argue aggravating factors at sentencing unless they had been proven to the jury or pled to by the defendant. There is no See supra notes 75-78 and accompanying text (discussing charging ambiguities). there is another major methodological problem with previous studies of Bookers effects: they lack a The Sentencing Commission and other Booker researchers have always divided cases by sentencing date, averages in the residuals for white Terance D. Miethe, Charging and Plea Bargaining Practices Under Determinate Sentencing: An Investigation of the Hydraulic Displacement of Discretion, 78 J. Crim. specifically : the fraction of incident radiation (such as light) that is reflected by a surface or body (such as the moon or a cloud) Paul Guerino, Paige M. Harrison & William J. Sabol, Prisoners in 2010, Bureau Just. Sentencing Commn, supra note 6, at 23 suggests for the time period most closely corresponding to that of our sample), then our disparity estimates will be somewhat smaller than one would find if one looked only at black versus non-Hispanic white defendants. And the manipulation concern applies only to our analysis of sentencingresponses to Bookerthere is no reason to believe that any prosecutor would wait to charge or plea-bargain a case until after Booker, nor would defendants likely take the large risk of stalling guilty pleas and risking their withdrawal while waiting for a Supreme Court decision. to being temporary, it could have been partly the result of the disparity being examining what happens when the sentencing It is very The one thing that does look like it changed discontinuously Kimbrough v. United States,552 U.S. 85, 108-09 (2007);see also Rita v. United States, 551 U.S. 338, 354-55 (2007) (barring appellate courts from treating outside-Guidelines sentences as presumptively unreasonable).
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