‘‘Drawn from Nowhere’’: A Review of the U.S. Sentencing Commission’s White-Collar Sentencing Guidelines and Loss Data


In “Drawn from Nowhere“: A Review of the U.S. Sentencing Commission’s White-Collar Sentencing Guidelines and Loss Data, I review tens of thousands of white collar sentences to provide empirical support for the position that the federal judiciary views loss as a poor indicator of offense seriousness, especially as loss increases.  I conclude, therefore, that loss no longer should play a central role in federal sentencing and briefly canvass some options for amending USSG 2B1.1.

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