Mandatory Minimum Penalties

Population Snapshot

"Cover of the Quick Facts handout"

Of the 64,142 cases reported to the Commission in fiscal year 2022, 18,371 involved an offense carrying a mandatory minimum penalty.[1] 16.7% of all offenders remained subject to a mandatory minimum at sentencing.

Click the cover for the PDF handout or learn more below. 

 

Overview

 

 

 

 

  • 29.6% of all cases carried a mandatory minimum penalty.  

  • Of all cases carrying a mandatory minimum penalty:
    • 73.2% were drug trafficking;
    • 6.1% were sexual abuse;
    • 5.2% were child pornography;
    • 4.7% were firearms;
    • 3.7% were fraud.
       
  • 42.7% of offenders convicted of an offense carrying a mandatory minimum were relieved of the penalty;
    • 21.6% received relief through the safety valve provision; [2]
    • 14.4% provided the government with substantial assistance; [3]
    • 6.7% received relief through both.
       
  • Of offenders convicted of an offense carrying a mandatory minimum penalty:
    • 38.3% of male offenders received relief;
    • 70.6% of female offenders received relief;
    • 37.8% of U.S. citizen offenders received relief;
    • 67.7% of non-U.S. citizen offenders received relief.
       
  • 57.3% of offenders convicted of an offense carrying a mandatory minimum penalty did not receive relief.
     
  • 38.5% of offenders convicted of a mandatory minimum penalty were Hispanic, 30.2% were White, 28.1% were Black, and 3.2% were Other races.

 

 

 

Offenders and Sentencing

 

 

  • The average sentence length was:
    • 144 months for those subject to the mandatory minimum;
    • 63 months for those receiving relief;
    • 29 months for offenders who were not convicted of an offense carrying a mandatory minimum penalty
        
  • The top five districts where cases involving a mandatory minimum penalty comprised the highest percentage of the overall caseload were:
    • Northern District of Florida (64.4%);
    • District of Hawaii (61.3%);
    • Eastern District of Tennessee (56.7%);
    • Eastern District of Kentucky (55.9%);
    • Southern District of Illinois (55.2%).

 

 

Offense Categories

 

Identity Theft Offenders

  • 83.1% of the 775 identity theft offenders[4] were subject to a mandatory minimum penalty at sentencing.
     
  • Their average sentence was 51 months; 29 months with relief.

 

Drug Offenders

 

  • 67.1% of drug offenders were convicted of an offense carrying a mandatory minimum penalty;
    • 46.6% remained subject to that penalty at sentencing.
    • Their average sentence was 133 months; 61 months with relief. [5]
       
  • 74.6% of methamphetamine offenders were convicted of an offense carrying a mandatory minimum penalty, compared to 42.7% of marijuana offenders.
     
  • 74.4% of crack cocaine offenders remained subject to a mandatory minimum penalty at sentencing, compared to 38.5% of marijuana offenders.

 

Firearms Offenders

  • 3,091 offenders were convicted of a firearms offense carrying a mandatory minimum penalty.
     
  • 2,760 were convicted under 18 U.S.C. § 924(c);
    • 82.5% remained subject to the mandatory minimum penalty at sentencing.
    • Their average sentence was 151 months; 101 months with relief.
       
  • 243 qualified as Armed Career Criminals under 18 U.S.C. § 924(e);
    • 79.8% remained subject to the mandatory minimum penalty at sentencing.
    • Their average sentence was 208 months; 96 months with relief.

 

Sex Offenders

  • 70.4% of the 2,902 sex offenders—sexual abuse or child pornography offenders—were convicted of an offense carrying a mandatory minimum penalty.
     
  • 74.4% of the 1,478 sexual abuse offenders were convicted of an offense carrying a mandatory minimum penalty;
    • 93.5% remained subject to the mandatory minimum at sentencing.
    • Their average sentence was 252 months; 138 months with relief.
       
  • 66.3% of the 1,424 child pornography offenders were convicted of an offense carrying a mandatory minimum penalty;
    • 97.8% remained subject to the mandatory minimum at sentencing.
    • Their average sentence was 138 months; 88 months with relief.

[1] Cases with incomplete sentencing information were excluded from the analysis.

[2] See 18 U.S.C. § 3553(f).

[3] See 18 U.S.C. § 3553(e).

[4] Convicted of an offense under 18 U.S.C. § 1028A.

[5] The ‘Fentanyl’ category includes both Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) and Fentanyl Analogue.

SOURCE: United States Sentencing Commission, FY 2018 through FY 2022 Datafiles, USSCFY18-USSCFY22.