In 2014, disparity became the rule in Kansas. At least, if
one measures disparity by adherence to the sentencing guidelines. In 2014, 37.3%
of clients were sentenced within the guideline range. One could certainly argue
that Government agreements to a two-level reduction in drug cases in
anticipation of Amendment 782 drive the statistic.
One would be wrong. In the first quarter of FY 2015, 36.4%
of our clients were sentenced within the guideline range. Amendment 782 was
effective on November 1 of last year.
Guideline sentences are the new unwarranted disparity.