Crack Cocaine Trafficking

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Of the 61,678 cases reported to the Commission in fiscal year 2024, 18,150 involved drugs.1 Of those, 18,029 cases involved drug trafficking;2 3.8% of such cases involved crack cocaine (down 43.9% since fiscal year 2020).3

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Individual and Offense Characteristics

 

 

  • 91.8% of individuals sentenced for crack cocaine trafficking were men.
     
  • 77.1% were Black, 14.9% were Hispanic, 7.3% were White, and 0.7% were Other races.
     
  • Their average age was 39 years.
     
  • 98.1% were United States citizens.
     
  • 22.6% had little or no prior criminal history (Criminal History Category I); 15.6% were sentenced under the career offender guideline (§4B1.1).
     
  • The median base offense level in these cases was 24, corresponding to between 28 and 112 grams of crack cocaine.
     
  • Sentences were increased for:
    • possessing a weapon (48.7%);
    • a leadership or supervisory role in the offense (9.2%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (3.7%);
    • meeting the safety valve criteria in the sentencing guidelines (7.9%).
       
  • The top five districts for crack cocaine trafficking offenses were:
    • Southern District of New York (50);
    • District of New Jersey (36);
    • Western District of Pennsylvania (35);
    • Eastern District of North Carolina (34);
    • Eastern District of New York (33). 

 

Punishment

 

  • The average sentence for individuals trafficking crack cocaine was 68 months.
     
  • 95.7% were sentenced to prison.
     
  • 23.4% were convicted of an offense carrying a mandatory minimum penalty; 34.2% of those individuals were relieved of that penalty.

 

 

 

Sentences Relative to the Guideline Range

  • 39.5% of sentences for crack cocaine trafficking were under the Guidelines Manual.
    • 20.8% were within the guideline range.
       
    • 13.2% were substantial assistance departures.
      • The average sentence reduction was 66.6%.
    • 0.3% received an Early Disposition Program (EDP) departure.4,5
       
    • 4.5% were some other downward departure.
      • The average sentence reduction was 43.0%.
    • 0.7% were upward departures.
      • The average sentence increase was 70.3%.
         
  • 60.5% of sentences for crack cocaine trafficking were variances.
    • 58.8% were downward variances.
      • The average sentence reduction was 46.8%.
         
    • 1.8% were upward variances.
      • The average sentence increase was 73.2%.

 

 

 

 

  • The average guideline minimum and the average sentence imposed have fluctuated over the past five years.
    • The average guideline minimum was 98 months in fiscal year 2020 and 106 months in fiscal year 2024. 
       
    • The average sentence imposed was 74 months in fiscal year 2020 and 68 months in fiscal year 2024. 

 

 

 

1 Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 689 individuals sentenced for crack cocaine offenses sentenced under USSG Chapter Two, Part D (Drugs) in FY 2024.

2 Individuals sentenced for drug trafficking were sentenced under USSG §§2D1.1 (Drug Trafficking), 2D1.2 (Protected Locations), 2D1.5 (Continuing Criminal Enterprise), 2D1.6 (Use of a Communication Facility), 2D1.8 (Rent/Manage Drug Establishment), 2D1.10 (Endangering Human Life), or 2D1.14 (Narco-Terrorism).

3 Cases with incomplete sentencing information were excluded from the analysis.

4 “Early Disposition Program" (or EDP) departures are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.

5 The Commission does not report the average for categories with fewer than three cases

SOURCE: United States Sentencing Commission, FY 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.

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