In the Northern District of Texas, judges only use Booker discretion to give lesser sentence in 11% of cases

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Dallas, Texas (September, 20, 2008) Broden & Mickelsen serve clients in local Texas

federal courts such as Dallas, Fort Worth, Plano, Sherman, Tyler and Waco federal courts. They have experienced tremendous success in these courts and new statistics show, North Texas sentencing guidelines not getting any lighter.

It was long expected that the U.S. Supreme Court decision in United States vs. Booker 543 U.S. 220 in 2005, would lead to easier sentencing guidelines, but according to a Statistical Information Packet for the Fiscal Year of 2009, this hasn't been the case.

Of 81,372 cases nationwide, 31.9% were immigration cases, and 29.4% were drug cases. Firearm cases were 10.1%, fraud cases were 9.4%, and pornography and prostitution cases were 2.4%. Of these cases, none were excluded due to missing information on primary offense category.

In the Northern District of Texas, there were 1008 cases, in which there were 953 pleas and 55 went to trial. Of these 1008 cases,

- 268 were drug related,

- 218 were immigration related,

- 117 were firearm related,

- 103 were fraud related, and

- 42 were larceny related

- 33 were forgery / counterfeiting related

- 33 were pornography / prostitution related.

Of the 81,372 cases, only 2 were dismissed due to missing mode of conviction, whereas in the Northern District of Texas, no case was excluded, according the U.S. Sentencing Commission, 2009 Data file, OPAFY09.

Of the 81,372 guideline cases, 798 cases were excluded due to the defendant receiving no imprisonment or probation and 24 had missing sentencing information. In the Northern District of Texas, only one case was excluded due to cases in which the defendant received no imprisonment or probation.

Judges in the Northern District of Texas only used their discretion under Booker to give a lesser sentence in 114 cases (11%). You can find a link to the statistics at http://www.brodenmickelsen.com/blog/.

It is vitally important to select a Texas federal lawyer skilled in the application of United States Sentencing Guidelines. It is also important that federal lawyers prepare a thorough sentencing memorandum prior to a client's sentencing and make a full presentation at the time of sentencing including character witnesses to persuade judges to use the discretion that Booker has given them.

Broden & Mickelsen provide legal representation in these other Texas Federal Courts.

Dallas Federal Court

Fort Worth Federal Court

Plano Federal Court

Sherman Federal Court

Tyler Federal Court

Waco Federal Court

Please visit us at http://www.brodenmickelsen.com/

Tel: (214) 720-9552 (Office) e-mail: clint@texascrimlaw.com

In the Northern District of Texas, judges only use Booker discretion to give lesser sentence in 11% of cases

By: clint

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