Fentanyl Trafficking

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Of the 61,678 cases reported to the Commission in fiscal year 2024, 18,150 involved drugs.1 Of those, 18,029 cases involved drug trafficking;2 20.2% of such cases involved fentanyl, up 255.7% since fiscal year 2020.3, 4

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Individual and Offense Characteristics

 

 

  • 83.1% of individuals sentenced for fentanyl trafficking were men.
     
  • 41.3% were Hispanic, 35.5% were Black, 20.9% were White, and 2.3% were Other races.
     
  • Their average age was 35 years.
     
  • 83.5% were United States citizens.
     
  • 43.7% had little or no prior criminal history (Criminal History Category I); 5.8% were individuals sentenced under the career offender guideline (§4B1.1).
     
  • The median base offense level in these cases was 30, corresponding to between 400 grams and 1.2 kilograms of fentanyl.
     
  • Sentences were increased for:
    • possessing a weapon (32.0%);
    • a leadership or supervisory role in the offense (5.2%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (20.1%);
    • meeting the safety valve criteria in the sentencing guidelines (32.5%).
       
  • The top five districts for fentanyl trafficking offenses were:
    • District of Arizona (220);
    • Southern District of California (199);
    • District of Oregon (118);
    • Northern District of Texas (117);
    • Western District of New York (114).

 

 

Punishment

 

  • The average sentence for individuals trafficking fentanyl was 74 months.
     
  • 97.4% were sentenced to prison.
     
  • 44.2% were convicted of an offense carrying a mandatory minimum penalty; 43.9% of those individuals were relieved of that penalty.

 

 

  

 

Sentences Relative to the Guideline Range

 

  • 59.4% of sentences for fentanyl trafficking were under the Guidelines Manual:
    • 29.1% were within the guideline range.
       
    • 18.5% were substantial assistance departures.
      • The average sentence reduction was 52.0%.
         
    • 7.5% were Early Disposition Program (EDP) departures.5
      • The average sentence reduction was 63.9%.
         
    • 3.2% were some other downward departure.
      • The average sentence reduction was 43.9%.
         
    • 1.1% were upward departures.
      • The average sentence increase was 209.6%.
         
  • 40.6% of sentences for fentanyl trafficking were variances.
    • 37.9% were downward variances.
      • The average sentence reduction was 38.5%.
         
    • 2.7% were upward variances.
      • The average sentence increase was 93.7%.

 

 

 

  • The average guideline minimum and the average sentence imposed have increased over the past five years.
    • The average guideline minimum increased from 82 months in fiscal year 2020 to 100 months in fiscal year 2024.
       
    • The average sentence imposed increased from 61 months in fiscal year 2020 to 74 months in fiscal year 2024.

 

 

 

1 Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 3,652 individuals sentenced for fentanyl offenses under USSG Chapter Two, Part D (Drugs) in FY 2024.

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 Fentanyl includes Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide). Offenses involving fentanyl analogues are discussed in a separate Quick Facts publication.

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

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 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.

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