Federally Sentenced Women

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Of the 64,124 cases reported to the Commission in fiscal year 2023, 8,279 involved federally sentenced women. Women accounted for 12.9% of all individuals sentenced in FY 2023.[1]

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Individual and Offense Characteristics

 

 

  • 40.3% of women were Hispanic, 34.1% were White, 19.5% were Black, and 6.1% were Other races.[2] 
    • Among women sentenced for drug trafficking offenses, 41.5% were White, followed by Hispanic (40.4%), Black (13.2%), and Other races (5.0%).
    • Among women sentenced for immigration offenses, 81.6% were Hispanic, followed by White (11.4%), Black (4.2%), and Other races (2.8%).
    • Among women sentenced for fraud offenses, 39.1% were White, followed by Black (38.1%), Hispanic (16.3%), and Other races (6.5%).
       
  • Their average age was 38 years. 
     
  • 84.9% were United States citizens.
     
  • 66.1% had little or no prior criminal history (Criminal History Category I);
    • 11.0% were CHC II;
    • 10.7% were CHC III;
    • 5.4% were CHC IV;
    • 2.8% were CHC V;
    • 4.0% were CHC VI.
       
  • 8.5% of women were sentenced for an offense involving weapons, compared to 14.6% of men.
     
  • The top five districts for federally sentenced women were: 
    • Western District of Texas (909); 
    • Southern District of Texas (664); 
    • Southern District of California (638); 
    • District of Arizona (543); 
    • Northern District of Texas (195).
       
  • The top five districts where women comprised the highest proportion of the overall caseload were:
    • District of Guam (38.5%);
    • Southern District of California (23.4%);
    • Northern District of West Virginia (22.1%);
    • District of Northern Mariana Islands (20.8%);
    • Western District of Virginia (20.3%).

 

 

Punishment

  • The average sentence for women was 32 months, compared to 57 months for men.
     
  • 81.8% were sentenced to prison, compared to 95.0% of men.
     
  • 26.5% were convicted of an offense carrying a mandatory minimum penalty, compared to 27.7% of men.

 

 

Sentences Relative to the Guideline Range

  • Of the 63.9% of women sentenced under the Guidelines Manual:
    • 44.5% were sentenced within the guideline range.
       
    • 29.4% received a substantial assistance departure.
      • Their average sentence reduction was 63.5%.
         
    • 19.1% received an Early Disposition Program (EDP) departure.[3]
      • Their average sentence reduction was 64.2%.
         
    • 6.5% received some other downward departure.
      • Their average sentence reduction was 59.8%.
         
  • 36.1% received a variance; of those individuals: 
    • 95.4% received a downward variance.
      • Their average sentence reduction was 59.2%.
         
    • 4.6% received an upward variance.
      • Their average sentence increase was 58.9%.

 

 

 

 

  • The average guideline minimum increased while the average sentence imposed remained steady over the past five years.[4] 
    •  The average guideline minimum increased from 47 months in fiscal year 2019 to 56 months in fiscal year 2023.
       
    • The average sentence imposed remained steady from 30 months in fiscal year 2019 to 32 months in fiscal year 2023.

 

 

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

[2] Among men sentenced in the federal system, 49.8% were Hispanic; their average age was 38 years; 64.3% were United States citizens; and they had more extensive criminal histories (39.6% were Criminal History Category I).

[3]  “Early Disposition Program (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.

[4] For men sentenced in the federal system, the average guideline minimum and average sentence imposed increased over the past five years. The average guideline minimum was 59 months in fiscal year 2019 and 73 months in fiscal year 2023. The average sentence imposed was 47 months in fiscal year 2019 and 57 months in fiscal year 2023.

SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.