Abstract
3 See U.S. Sentencing Commission, The Federal Sentencing Guidelines: A Report on the Operation of the Guidelines System and Short-Term Impacts on Disparity in Sentencing, Use of Incarceration, and Prosecutorial Discretion and Plea Bargaining, Executive Summary 31-54 (December 1991); U.S. General Accounting Office, Sentencing Guidelines: Central Questions Remain Unanswered 10-13, 40-61 (August 1992). 4 Moreover, of defendants who faced a mandatory minimum at sentencing, 25% of whites benefited from a prosecutor's 5K motion for downward departure on the basis of substantial assistance, compared to 18% of blacks. Overall, almost half the white defendants eligible for a mandatory minimum, but less than a third of the blacks, were sentenced below this level. These statistically significant differences remained after the Commission controlled for factors related
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