1. 1 530 U.S. 466, 476, 494 & n.19 (2000).
2. 2 These figures exclude cases in which the prosecution was dropped, dismissed, or otherwise terminated before verdict. See STATISTICS DIVISION, ADMINISTRATIVE OFfiCE OF THE U.S. COURTS, STATISTICAL TABLES FOR THE FEDERAL JUDICIARY SEPTEMBER 30, 2000, tbl. D-4 (forthcoming 2001) [hereinafter 2000 FEDERAL STATISTICAL TABLES] (reporting that in the twelve months ending September 30, 2000, federal courts disposed of 68,079 defendants by plea or trial, of whom 63,863 (93.8%) pleaded guilty or nolo contendere, 1235 (1.8%) had bench trials, and only 2981 (4.4%) had jury trials). The federal data are not broken down into felonies and misdemeanors. However, the overwhelming majority of federal convictions (82.7%) are felony convictions, so the percentages for felonies are likely close to the overall percentages listed above. See U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE STATISTICS, SOURCEBOOK OF CRIMINAL JUSTICE STATISTICS 1998, tbl. 5.17, at 403 (1999). The jury-trial percentages are even lower for state cases. See id. tbl. 5.42, at 432 (reporting that of997,972 state felony defendants whose cases were resolved by plea or verdict in 1996, 905,957 (90.8%) pleaded guilty or nolo contendere, 54,474 (5.5%) had bench trials, and only 37,541 (3.8%) had jury trials). Because the state numbers dwarf the federal numbers, the percentages for the state and federal systems combined are almost the same as for the state data alone: 91.0% pleas, 5.2% bench trials, and only 3.8% jury trials.
3. 3 U.S.S.G. s 3E1.1 (reductions for acceptance of responsibility); Julie R. O'Sullivan, In
4. Defense of the U.S. Sentencing Guidelines' Modified Real-Offense System, 91 NW. U. L. REV. 1342, 1415
5. & n.274 (1997) (collecting sources for 35% figure). My own inspection of the Sentencing Guidelines table shows that, for long sentences, the discount is somewhat more- sometimes up to 40%-45%.