What is a Career Offender?

A career offender is someone who commits a crime of violence or a controlled substance offense after two prior felony convictions for those crimes. The sentencing guidelines assign all career offenders to Criminal History Category (CHC) VI and to offense levels at or near the statutory maximum penalty of the offense of conviction.[2]

Offender and Offense Characteristics

• 95.7% of career offenders were men.
   
• 57.7% of career offenders were Black, 23.6% were White, 16.8% were Hispanic, and 1.9% were Other races.
   
• Their average age was 40 years.
   
• 97.5% were United States citizens.
   
• 43.4% would not change from CHC VI if the career offender provision had not been applied;
  • 0.1% would have been CHC I;
  • 0.7% would have been CHC II;
  • 8.7% would have been CHC III;
  • 21.8% would have been CHC IV;
  • 25.3% would have been CHC V.


• The top five districts for career offenders were:
  • Southern District of New York (56);
  • Central District of California (44);
  • Southern District of California (44);
  • Eastern District of Arkansas (42);
  • District of New Jersey (41).

Punishment

• The average sentence for career offenders was 146 months.
   
• 99.7% were sentenced to prison.
   
• 62.1% were convicted of an offense carrying a mandatory minimum penalty.

Impact of Career Offender Status

• 40.3% of career offenders had an increase in both Final Offense Level (FOL) and CHC. [3]
  • Their average FOL increased from 24 to 31 and the average CHC increased from IV to VI.

• 36.4% of career offenders had an increase in just the FOL.
  • Their average FOL increased from 24 to 31.

• 16.2% of career offenders had an increase in just the CHC.
  • Their average CHC increased from IV to VI.

• 7.1% of career offenders had no increase in FOL or CHC.

Sentences Relative to the Guideline Range

• Of the 45.2% of career offenders sentenced under the Guidelines Manual:
  • 44.7% were sentenced within the guideline range.
     
  • 38.0% received a substantial assistance departure.
    • Their average sentence reduction was 49.2%.
       
  • 13.2% received some other downward departure.
    • Their average sentence reduction was 47.0%.
       
  • 3.8% received an Early Disposition Program (EDP) departure.[4]
    • Their average sentence reduction was 63.9%.

• 54.8% received a variance; of those offenders:
  • 99.2% received a downward variance.
    • Their average sentence reduction was 39.9%.
       
  • 0.8% received an upward variance.
    • Their average sentence increase was 21.7%.

• The average guideline minimum slightly increased and the average sentence imposed fluctuated over the past five years.
  • The average guideline minimum increased from 217 months in fiscal year 2018 to 220 months in fiscal year 2022.
     
  • The average sentence imposed increased and decreased throughout the fiscal years. The average sentence was 150 months in fiscal year 2018 and 146 months in fiscal year 2022.

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