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Drug Sentences Getting Longer, Despite Booker

Drug War Chronicles reports that despite the Supreme Court's decision in U.S. v. Booker which made the federal sentencing guidelines advisory rather than mandatory, drug sentences are getting longer.

In a report on post-Booker sentences issued last week, the US Sentencing Commission found that most judges in most cases continued to sentence in accord with the now "advisory" guidelines. According to the report, about 67,000 people were sentenced in the federal courts in the past year, and their average sentence of 58 months was actually higher than the 57-month average of the previous year. Sentences below the guidelines have increased, but only minimally, from a little over 9% to just over 15%.

Both Law Prof Doug Berman of Sentencing Law and Policy and I are quoted in the article.

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    Where's the problem here? The intent of Booker, as I read it, was not to reduce the length of sentences but to restore the separation of powers. The problem with "mandatory minimums" was not that they resulted in sentences that were too long for some crimes but t