Individual and Offense Characteristics

• 76.8% of individuals sentenced for alien smuggling were men.
   
• 79.7% were Hispanic, 10.9% were White, 7.5% were Black, and 1.9% were Other races.
   
• Their average age was 32 years. 
   
• 70.2% were United States citizens.
   
• 63.9% had little or no prior criminal history (Criminal History Category I);
  • 12.0% were CHC II;
  • 11.0% were CHC III;
  • 6.1% were CHC IV;
  • 3.5% were CHC V;
  • 3.6% were CHC VI.
     
• 10.2% of alien smuggling offenses involved an unaccompanied minor.
   
• 57.2% of alien smuggling offenses involved smuggling, transporting, or harboring fewer than six people.
   
• 1.2% of alien smuggling offenses involved an alien who was involuntarily detained through coercion, threat, or in demand for payment.
   
• 92.8% of alien smuggling offenses did not involve the use of a weapon.
   
• 97.1% of alien smuggling offenses did not involve physical injury, but 37.9% involved the risk of injury.
   
• A death occurred in 0.9% of alien smuggling offenses.
   
• The top five districts for alien smuggling offenses were: 
  • Western District of Texas (1,490);
  • Southern District of Texas (1,191);
  • District of Arizona (981);
  • Southern District of California (490);
  • District of New Mexico (312).

Punishment

• The average sentence for alien smuggling was 15 months.
   
• 89.9% of individuals sentenced for alien smuggling were sentenced to prison.
   
• 1.5% were convicted of an offense carrying a mandatory minimum penalty.

Sentences Relative to the Guideline Range

• Of the 85.9% of individuals sentenced for alien smuggling under the Guidelines Manual:
  • 46.3% were sentenced within the guideline range.
     
  • 47.6% received an Early Disposition Program (EDP) departure.[4]
    • Their average sentence reduction was 50.5%.
       
  • 3.7% received a substantial assistance departure.
    • Their average sentence reduction was 52.7%. 
       
  • 2.3% received some other downward departure.
    • Their average sentence reduction was 47.5%.
       
• 14.1% received a variance; of those individuals: 
  • 84.9% received a downward variance.
    • Their average sentence reduction was 50.5%.
       
  • 15.1% received an upward variance.
    • Their average sentence increase was 36.1%.

• The average guideline minimum and average sentence imposed remained steady over the past five years.
  • The average guideline minimum was 18 months in fiscal year 2019 and 19 months in fiscal year 2023.
     
  • The average sentence imposed was 14 months in fiscal year 2019 and 15 months in fiscal year 2023.

SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.