Individual and Offense Characteristics

• 82.1% of individuals sentenced for fentanyl trafficking were men.
   
• 39.5% were Hispanic, 37.8% were Black, 20.0% were White, and 2.7% were Other races.
   
• Their average age was 34 years.
   
• 86.4% were United States citizens.
   
• 41.1% had little or no prior criminal history (Criminal History Category I); 5.2% were individuals sentenced under the career offender guideline (§4B1.1).
   
• The median base offense level in these cases was 28, corresponding to between 280 and 400 grams of fentanyl.
   
• Sentences were increased for:
  • possessing a weapon (30.2%);
  • a leadership or supervisory role in the offense (4.8%).
     
• Sentences were decreased for:
  • minor or minimal participation in the offense (21.3%);
  • meeting the safety valve criteria in the sentencing guidelines (30.7%).
     
• The top six districts for fentanyl trafficking offenses were:
  • Southern District of California (229);
  • District of Arizona (177);
  • Western District of Texas (128);
  • Southern District of New York (94);
  • District of Massachusetts (90);
  • Eastern District of Missouri (90).

Punishment

• The average sentence for fentanyl traffickers was 71 months.
   
• 97.6% were sentenced to prison.
   
• 53.4% were convicted of an offense carrying a mandatory minimum penalty; 50.9% of those individuals were relieved of that penalty.

Sentences Relative to the Guideline Range

• Of the 61.1% of individuals sentenced for fentanyl trafficking under the Guidelines Manual:
  • 47.1% were sentenced within the guideline range.
     
  • 29.7% received a substantial assistance departure. 
    • Their average sentence reduction was 54.8%.
       
  • 15.4% received an Early Disposition Program (EDP) departure.[5]
    • Their average sentence reduction was 64.7%.
       
  • 6.4% received some other downward departure.
    • Their average sentence reduction was 48.4%.
       
• 38.9% received a variance; of those individuals: 
  • 93.7% received a downward variance.
    • Their average sentence reduction was 39.4%.
       
  • 6.3% received an upward variance.
    • Their average sentence increase was 150.1%.

• The average guideline minimum increased and the average sentence imposed slightly increased over the past five years. 
  • The average guideline minimum increased from 92 months in fiscal year 2019 to 97 months in fiscal year 2023.
     
  • The average sentence was 69 months in fiscal year 2019 and 71 months in fiscal year 2023.

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