Of the 64,124 cases reported to the Commission in fiscal year 2023, 1,578 involved Native American sentenced individuals. Native Americans accounted for 2.5% of all federally sentenced individuals and 3.7% of federally sentenced U.S. citizens in FY 2023.[1]
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Individual and Offense Characteristics
- 80.6% of Native American sentenced individuals were men.
- Their average age was 36 years.
- 99.6% were United States citizens.
- 38.3% had little or no prior criminal history (Criminal History Category I):[2]
- 12.5% were CHC II;
- 18.0% were CHC III;
- 11.7% were CHC IV;
- 8.4% were CHC V;
- 11.1% were CHC VI.
- The top five districts for Native American sentenced individuals were:
- District of Arizona (257);
- District of South Dakota (236);
- District of North Dakota (138);
- Eastern District of Oklahoma (132);
- Northern District of Oklahoma (106).
- The top five districts where Native Americans comprised the highest proportion of the overall caseload were:
- Eastern District of Oklahoma (63.8%);
- District of South Dakota (46.6%);
- District of North Dakota (33.6%);
- Northern District of Oklahoma (27.5%);
- District of Montana (26.9%).
- 21.6% of offenses committed by Native Americans involved weapons, compared to 13.8% of all offenses in fiscal year 2023.
Punishment
- The average sentence for Native Americans was 69 months.
- 94.0% were sentenced to prison.
- 19.1% were convicted of an offense carrying a mandatory minimum penalty.
- The average sentence was 141 months for Native Americans convicted of an offense carrying a mandatory minimum penalty.
- The average sentence was 52 months for Native Americans convicted of an offense not carrying a mandatory minimum penalty.
Sentences Relative to the Guideline Range
- Of the 63.0% of Native Americans sentenced under the Guidelines Manual:
- 61.8% were sentenced within the guideline range.
- 14.7% received a substantial assistance departure.
- Their average sentence reduction was 59.1%.
- Their average sentence reduction was 59.1%.
- 12.6% received some other downward departure.
- Their average sentence reduction was 43.4%.
- Their average sentence reduction was 43.4%.
- 6.3% received an Early Disposition Program (EDP) departure.[3]
- Their average sentence reduction was 61.6%.
- Their average sentence reduction was 61.6%.
- 61.8% were sentenced within the guideline range.
- 37.0% received a variance; of those individuals:
- 86.3% received a downward variance.
- Their average sentence reduction was 43.0%.
- Their average sentence reduction was 43.0%.
- 13.8% received an upward variance.
- Their average sentence increase was 56.8%.
- 86.3% received a downward variance.
- The average guideline minimum and average sentence imposed increased over the past five years.
- The average guideline minimum increased from 65 months in fiscal year 2019 to 79 months in fiscal year 2023.
- The average sentence imposed increased from 56 months in fiscal year 2019 to 69 months in fiscal year 2023.
- The average guideline minimum increased from 65 months in fiscal year 2019 to 79 months in fiscal year 2023.
[1] Cases with incomplete sentencing information were excluded from the analysis.
[2] Tribal offenses are not counted in determining the criminal history score under the sentencing guidelines. See §4A1.2(i).
[3] 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.