Heroin 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 3.3% of such cases involved heroin (down 68.1% since fiscal year 2020).3

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Individual and Offense Characteristics

 

 

  • 85.4% of individuals sentenced for heroin trafficking were men.
     
  • 58.1% were Hispanic, 28.2% were Black, 12.2% were White, and 1.5% were Other races.
     
  • Their average age was 39 years. 
     
  • 75.0% were United States citizens.
     
  • 40.7% had little or no prior criminal history (Criminal History Category I); 5.3% were individuals sentenced under the career offender guideline (§4B1.1). 
     
  • The median base offense level in these cases was 30, corresponding to between one and three kilograms of heroin.
     
  • Sentences were increased for:
    • possessing a weapon (24.8%);
    • a leadership or supervisory role in the offense (10.5%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (16.8%);
    • meeting the safety valve criteria in the sentencing guidelines (34.6%).
       
  • The top five districts for heroin trafficking offenses were:
    • District of New Jersey (45);
    • Southern District of Texas (41);
    • Western District of Texas (34);
    • District of Utah (34);
    • Northern District of Illinois (23).

 

 

Punishment

 

  • The average sentence for individuals trafficking heroin was 66 months.
     
  • 95.2% were sentenced to prison.
     
  • 51.8% were convicted of an offense carrying a mandatory minimum penalty; 54.8% of those individuals were relieved of that penalty. 

 

 

Sentences Relative to the Guideline Range

  • 56.7% of sentences for heroin trafficking were under the Guidelines Manual.
    • 25.6% were within the guideline range.
       
    • 25.1% were substantial assistance departures.
      • The average sentence reduction was 62.5%.
         
    • 1.7% were Early Disposition Program (EDP) departures.4
      • The average sentence reduction was 58.1%.
         
    • 3.7% were some other downward departure.
      • The average sentence reduction was 43.6%.
         
    • 0.5% were upward departures.
      • The average sentence increase was 90.4%.
         
  • 43.3% of sentences for heroin trafficking were variances.
    • 41.3% were downward variances.
      • The average sentence reduction was 45.0%.
         
    • 2.0% were upward variances.
      • The average sentence increase was 135.8%.

 

 

 

 

  • The average guideline minimum and the average sentence imposed have fluctuated over the past five years.
    • The average guideline minimum was 90 months in fiscal year 2020 and 101 months in fiscal year 2024. 
       
    • The average sentence imposed was 66 months in fiscal year 2020 and fiscal year 2024.

 

1 Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 602 individuals sentenced for heroin 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 Cases with incomplete sentencing information were excluded from the analysis.

4 “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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