Federally Sentenced Native Americans

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Of the 66,662 cases reported to the Commission in fiscal year 2025, 1,514 involved Native American sentenced individuals. Native Americans accounted for 2% of all federally sentenced individuals and 4% of federally sentenced U.S. citizens in fiscal year 2025.

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Individual and Offense Characteristics

 

 

 

  • 82% of Native American sentenced individuals were men.
     
  • Their average age was 36 years. 
     
  • Almost 100% were United States citizens.
     
  • 41% had little or no prior criminal history (Criminal History Category I):5
    • 17% were CHC II;
    • 13% were CHC III;
    • 9% were CHC IV;
    • 8% were CHC V;
    • 11% were CHC VI.
       
  • The top five districts for Native American sentenced individuals were:
    • District of South Dakota (271);
    • District of Arizona (153);
    • District of North Dakota (119);
    • District of Montana (114);
    • Northern District of Oklahoma (112).
       
  • The top five districts where Native Americans comprised the highest proportion of the overall caseload were:
    • District of South Dakota (54%);
    • Eastern District of Oklahoma (45%);
    • District of North Dakota (37%);
    • District of Montana (28%);
    • District of Alaska (22%).
       
  • 25% of offenses committed by Native Americans involved weapons, compared to 13% of all offenses in fiscal year 2025.

 

Punishment

  • The average sentence for Native Americans was 73 months.
     
  • 94% were sentenced to prison.
     
  • 20% were convicted of an offense carrying a mandatory minimum penalty.
    • The average sentence was 159 months for Native Americans convicted of an offense carrying a mandatory minimum penalty.
    • The average sentence was 51 months for Native Americans convicted of an offense not carrying a mandatory minimum penalty.

 

Sentences Relative to the Guideline Range

  • 60% of sentences for Native Americans were under the Guidelines Manual.
    • 42% were within the guideline range.
       
    • 8% were substantial assistance departures.
      • The average sentence reduction was 57%.
         
    • 2% received an Early Disposition Program (EDP) departure.6
      • The average sentence reduction was 65%.
         
    • 5% were some other downward departure.
      • The average sentence reduction was 42%.
    • 3% were upward departures.
      • The average sentence increase was 86%.
         
  • 40% of sentences for Native Americans were variances.
    • 34% were downward variances.
      • The average sentence reduction was 45%.
         
    • 6% were upward variances.
      • The average sentence increase was 79%.

 

 

 

  • The average guideline minimum and average sentence imposed have increased over the past five years.
    • The average guideline minimum increased from 67 months in fiscal year 2021 to 81 months in fiscal year 2025.
       
    • The average sentence imposed increased from 56 months in fiscal year 2021 to 73 months in fiscal year 2025.

 

 

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

2 Aggravated assault includes cases where the court applied §2A2.2 as the primary sentencing guideline.

3 Sexual assault includes cases where the court applied §§2A3.1, 2A3.2, 2A3.3, or 2A3.4 as the primary sentencing guideline.

4 “Other” guidelines include Manslaughter (72) and Murder (64). No other guideline had a value greater than 50.

5 Tribal offenses are not counted in determining the criminal history score under the sentencing guidelines. See §4A1.2(i).

6 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 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.

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