Individual and Offense Characteristics

• 83.2% of individuals sentenced for heroin trafficking were men.
   
• 45.8% were Hispanic, 34.3% were Black, 18.6% were White, and 1.3% were Other races. 
   
• Their average age was 39 years. 
   
• 78.6% were United States citizens.
   
• 39.4% had little or no prior criminal history (Criminal History Category I); 6.5% were individuals sentenced under the career offender guideline (§4B1.1). 
   
• The median base offense level in these cases was 28, corresponding to between 700 grams and 1 kilogram of heroin. 
   
• Sentences were increased for:
  • possessing a weapon (22.7%);
  • a leadership or supervisory role in the offense (8.9%).
     
• Sentences were decreased for:
  • minor or minimal participation in the offense (15.9%);
  • meeting the safety valve criteria in the sentencing guidelines (30.1%).
     
• The top five districts for heroin trafficking offenses were: 
  • District of New Jersey (58); 
  • District of Utah (49); 
  • Northern District of Illinois (45); 
  • Southern District of Texas (42); 
  • Western District of Texas (39). 

Punishment

• The average sentence for heroin trafficking was 67 months.
   
• 96.4% were sentenced to prison.
   
• 56.4% were convicted of an offense carrying a mandatory minimum penalty; 54.7% of those individuals were relieved of that penalty. 

Sentences Relative to the Guideline Range

• Of the 60.2% of individuals sentenced for heroin trafficking under the Guidelines Manual:
  • 51.6% were sentenced within the guideline range.
     
  • 34.9% received a substantial assistance departure. 
    • Their average sentence reduction was 58.0%.
       
  • 5.5% received an Early Disposition Program (EDP) departure.[4]
    • Their average sentence reduction was 68.5%.
       
  • 7.2% received some other downward departure.
    • Their average sentence reduction was 36.0%.
       
• 39.8% received a variance; of those individuals: 
  • 93.2% received a downward variance.
    • Their average sentence reduction was 44.0%.
       
  • 6.8% received an upward variance.
    • Their average sentence increase was 55.6%.

• The average guideline minimum decreased and the average sentence imposed fluctuated over the past five years. 
  • The average guideline minimum decreased from 95 months in fiscal year 2019 to 93 months in fiscal year 2023. 
     
  • The average sentence imposed increased and decreased throughout the fiscal years. The average sentence was 70 months in fiscal year 2019 and 67 months in fiscal year 2023. 

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