In the first three quarters of 2009, judges sentenced below the guideline range in 503 of 1195 cases (42%) and the government moved for a below-guideline sentence in another 128 cases (10.7%), 101 of which were for reasons other than 5K1.1, that is, for reasons under 3553(a). See USSC Preliminary Data Report, Table 5.
The complete Report is at the link below:
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Source: http://www.ussc.gov/sc_cases/USSC_2009_Quarter_Report_3rd.pdf.
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