Heroin 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 2% of such cases involved heroin (down 80% since fiscal year 2021).3

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Individual and Offense Characteristics

 

 

  • 82% of individuals sentenced for heroin trafficking were men.
     
  • 61% were Hispanic, 25% were Black, 11% were White, and 2% were Other races.
     
  • Their average age was 40 years. 
     
  • 69% were United States citizens.
     
  • 54% 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 one and three kilograms of heroin.
     
  • Sentences were increased for:
    • possessing a weapon (22%);
    • a leadership or supervisory role in the offense (10%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (20%);
    • meeting the safety valve criteria in the sentencing guidelines (41%).
       
  • The top districts for heroin trafficking offenses were:
    • Western District of Texas (23);
    • Northern District of Illinois (22);
    • District of New Jersey (19);
    • Northern District of Texas (18);
    • Four Districts (17).

 

 

Punishment

 

  • The average sentence for individuals trafficking heroin was 62 months.
     
  • 94% were sentenced to prison.
     
  • 49% were convicted of an offense carrying a mandatory minimum penalty; 60% of those individuals were relieved of that penalty. 

 

 

Sentences Relative to the Guideline Range

  • 54% of sentences for heroin trafficking were under the Guidelines Manual.
    • 25% were within the guideline range.
       
    • 21% were substantial assistance departures.
      • The average sentence reduction was 62%.
         
    • 5% were Early Disposition Program (EDP) departures.4
      • The average sentence reduction was 65%.
         
    • 3% were some other downward departure.
      • The average sentence reduction was 65%.
         
    • 1% were upward departures.5
       
  • 46% of sentences for heroin trafficking were variances.
    • 44% were downward variances.
      • The average sentence reduction was 43%.
         
    • 3% were upward variances.
      • The average sentence increase was 100%.

 

 

 

 

  • The average guideline minimum and the average sentence imposed have fluctuated over the past five years.
    • The average guideline minimum was 85 months in fiscal year 2021 and 95 months in fiscal year 2025. 
       
    • The average sentence imposed was 60 months in fiscal year 2021 and 62 months in fiscal year 2025.

 

1 Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 361 individuals sentenced for heroin 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 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.

5 The Commission does not report the average for categories with fewer than three cases.

SOURCE: United States Sentencing Commission, FY 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.

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