Fentanyl Trafficking

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Of the 66,662 cases reported to the Commission in fiscal year 2025, 16,234 involved drugs.1 Of those, 16,144 cases involved drug trafficking;2 22% of such cases involved fentanyl, up 135% since fiscal year 2021.3, 4

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Individual and Offense Characteristics

 

 

  • 83% of individuals sentenced for fentanyl trafficking were men.
     
  • 38% were Hispanic, 38% were Black, 20% were White, and 3% were Other races.
     
  • Their average age was 35 years.
     
  • 84% were United States citizens.
     
  • 43% had little or no prior criminal history (Criminal History Category I); 5% 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 (33%);
    • a leadership or supervisory role in the offense (6%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (16%);
    • meeting the safety valve criteria in the sentencing guidelines (29%).
       
  • The top five districts for fentanyl trafficking offenses were:
    • District of Arizona (208);
    • Southern District of California (150);
    • District of Oregon (132);
    • District of New Jersey (106);
    • District of Massachusetts (103).

 

 

Punishment

 

  • The average sentence for individuals trafficking fentanyl was 79 months.
     
  • 96% were sentenced to prison.
     
  • 48% were convicted of an offense carrying a mandatory minimum penalty; 38% of those individuals were relieved of that penalty.

 

 

  

 

Sentences Relative to the Guideline Range

 

  • 57% of sentences for fentanyl trafficking were under the Guidelines Manual:
    • 30% were within the guideline range.
       
    • 18% were substantial assistance departures.
      • The average sentence reduction was 52%.
         
    • 5% were Early Disposition Program (EDP) departures.5
      • The average sentence reduction was 63%.
         
    • 3% were some other downward departure.
      • The average sentence reduction was 42%.
         
    • 1% were upward departures.
      • The average sentence increase was 179%.
         
  • 43% of sentences for fentanyl trafficking were variances.
    • 40% were downward variances.
      • The average sentence reduction was 39%.
         
    • 3% were upward variances.
      • The average sentence increase was 120%.

 

 

 

  • The average guideline minimum and the average sentence imposed have increased over the past five years.
    • The average guideline minimum increased from 84 months in fiscal year 2021 to 105 months in fiscal year 2025.
       
    • The average sentence imposed increased from 58 months in fiscal year 2021 to 79 months in fiscal year 2025.

 

 

 

1 Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 3,627 individuals sentenced for fentanyl offenses under USSG Chapter Two, Part D (Drugs) in FY 2025.

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 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.

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