Fentanyl Analogue Trafficking

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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] 1.4% of such cases involved fentanyl analogues, up 113.5% since FY 2019.[3]

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Individual and Offense Characteristics

 

 

  • 88.3% of individuals sentenced for fentanyl analogue trafficking were men.
     
  • 59.9% were Black, 22.9% were Hispanic, 16.0% were White, and 1.1% were Other races.
     
  • Their average age was 36 years.
     
  • 88.6% were United States citizens.
     
  • 31.8% had little or no prior criminal history (Criminal History Category I); 8.0% were individuals sentenced under the career offender guideline (§4B1.1).
     
  • The median base offense level in these cases was 30, corresponding to between 100 and 300 grams of fentanyl analogue.
     
  • Sentences were increased for:
    • possessing a weapon (36.7%);
    • a leadership or supervisory role in the offense (4.9%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (12.5%);
    • meeting the safety valve criteria in the sentencing guidelines (20.5%).
       
  • The most common fentanyl analogue types were:
    • Para-fluorofentanyl (90);
    • Acetyl fentanyl (62);
    • Fluorofentanyl (46);
    • Despropionyl fentanyl (35);
    • Carfentanil (20).[4]

 

 

Punishment

 

  • The average sentence for fentanyl analogue traffickers was 87 months.
     
  • 98.9% were sentenced to prison.
     
  • 58.3% were convicted of an offense carrying a mandatory minimum penalty; 48.7% of those individuals were relieved of that penalty.

 

 

  

 

Sentences Relative to the Guideline Range

 

  • Of the 50.4% of individuals sentenced for fentanyl analogue trafficking under the Guidelines Manual:
    • 44.4% were sentenced within the guideline range.
       
    • 42.9% received a substantial assistance departure. 
      • Their average sentence reduction was 52.5%.
         
    • 2.3% received an Early Disposition Program (EDP) departure.[5]
      • Their average sentence reduction was 70.0%.
         
    • 7.5% received some other downward departure.
      • Their average sentence reduction was 40.4%.
         
  • 49.6% received a variance; of those individuals: 
    • 93.1% received a downward variance.
      • Their average sentence reduction was 35.7%.
         
    • 6.9% received an upward variance.
      • Their average sentence increase was 72.2%.

 

 

 

 

  • The average guideline minimum increased and the average sentence imposed increased over the past five years. 
    • The average guideline minimum increased from 97 months in fiscal year 2019 to 118 months in fiscal year 2023.
       
    • The average sentence was 74 months in fiscal year 2019 and 87 months in fiscal year 2023.

 

 

 

 

[1] Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 269 individuals sentenced for fentanyl analogue offenses 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]  Other fentanyl analogue types were: Furanyl fentanyl (13) and Valeryl fentanyl (10). The following fentanyl analogues were trafficked in 2 cases: 4-Fluoroisobutyrfentanyl, Betahydroxythiofentanyl, Butyryl fentanyl, Despropionyl Meta Flurorofentanyl, and Methoxyacetylfentanyl. The following fentanyl analogues were each trafficked in a single case: Acrylfentanyl, Chlorofentanyl, Cyclobutyl fentanyl, Despropionyl para-Fluorofentanyl, Fluoroacetyl fentanyl, para-Fluorobutyryl fentanyl, para-fluoro Isobutyryl fentanyl, and para-Methylfentanyl. For 25 individuals the type of analogue was unknown.

[5]  “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.

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