Of the 64,124 cases reported to the Commission in fiscal year 2023, 19,066 involved drugs.[1] Of those, 18,939 cases involved drug trafficking;[2] 4.6% of such cases involved crack cocaine (down 44.9% since FY 2019).[3]
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Individual and Offense Characteristics
- 91.5% of individuals sentenced for crack cocaine trafficking were men.
- 78.9% were Black, 14.3% were Hispanic, 6.4% were White, and 0.5% were Other races.
- Their average age was 39 years.
- 98.3% were United States citizens.
- 20.8% had little or no prior criminal history (Criminal History Category I); 11.1% were sentenced under the career individual 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 (40.7%);
- a leadership or supervisory role in the offense (7.2%).
- Sentences were decreased for:
- minor or minimal participation in the offense (4.8%);
- meeting the safety valve criteria in the sentencing guidelines (9.2%).
- The top five districts for crack cocaine trafficking offenses were:
- Southern District of New York (82);
- Eastern District of North Carolina (53);
- District of New Jersey (48);
- Western District of Pennsylvania (40);
- District of Vermont (33).
Punishment
- The average sentence for crack cocaine traffickers was 60 months.
- 96.3% were sentenced to prison.
- 32.6% were convicted of an offense carrying a mandatory minimum penalty; 45.3% of those individuals were relieved of that penalty.
Sentences Relative to the Guideline Range
- Of the 45.1% of individuals sentenced for crack cocaine trafficking under the Guidelines Manual:
- 55.5% were sentenced within the guideline range.
- 37.2% received a substantial assistance departure.
- Their average sentence reduction was 66.4%.
- Their average sentence reduction was 66.4%.
- 0.0% received an Early Disposition Program (EDP) departure.[4]
- 6.3% received some other downward departure.
- Their average sentence reduction was 49.5%.
- Their average sentence reduction was 49.5%.
- 55.5% were sentenced within the guideline range.
- 54.9% received a variance; of those individuals:
- 97.0% received a downward variance.
- Their average sentence reduction was 48.9%.
- Their average sentence reduction was 48.9%.
- 3.0% received an upward variance.
- Their average sentence increase was 50.4%.
- 97.0% received a downward variance.
- The average guideline minimum and the average sentence imposed has decreased over the past five years.
- The average guideline minimum was 104 months in fiscal year 2019 and 96 months in fiscal year 2023.
- The average sentence was 78 months in fiscal year 2019 and 60 months in fiscal year 2023.
- The average guideline minimum was 104 months in fiscal year 2019 and 96 months in fiscal year 2023.
[1] Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 868 individuals sentenced for crack cocaine offenses sentenced under USSG Chapter Two, Part D (Drugs) in FY 2023.
[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.
SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.