Overview

• 21% of all cases carried a mandatory minimum penalty.
   
• Of all cases carrying a mandatory minimum penalty:
  • 68% were drug trafficking;
  • 8% were sexual abuse;
  • 7% were child pornography;
  • 5% were firearms;
  • 3% were fraud.
• 33% of individuals convicted of an offense carrying a mandatory minimum penalty were relieved of the penalty;
  • 14% received relief through the safety valve provision;²
  • 15% provided the government with substantial assistance;³
  • 5% received relief through both.  
• Of individuals convicted of an offense carrying a mandatory minimum penalty:
  • 30% of males received relief;
  • 61% of females received relief;
  • 28% of U.S. citizens received relief;
  • 58% of non-U.S. citizens received relief.
• 67% of individuals convicted of an offense carrying a mandatory minimum penalty did not receive relief.
   
• 35% of individuals convicted of an offense carrying a mandatory minimum penalty were Hispanic, 32% were Black, 29% were White, and 4% were Other races.

Individuals and Sentencing

• The average sentence length was:
  • 158 months for those subject to the mandatory minimum penalty;
  • 74 months for those receiving relief;
  • 28 months for individuals who were not convicted of an offense carrying a mandatory minimum penalty.
• The top six districts where cases involving a mandatory minimum penalty comprised the highest percentage of the overall caseload were:
  • Eastern District of Tennessee (54%);
  • Eastern District of Kentucky (52%);
  • Southern District of Indiana (52%);
  • District of Hawaii (52%);
  • Western District of Kentucky (51%);
  • Eastern District of California (51%).

Offense Categories

Identity Theft Offenses

• 82% of the 550 individuals sentenced for identity theft offenses⁴ were subject to a mandatory minimum penalty at sentencing.
  • Their average sentence was 60 months; 26 months with relief.

Drug Offenses

• 58% of the 16,073 individuals sentenced for drug offenses⁵ were convicted of an offense carrying a mandatory minimum penalty;
  • 57% remained subject to that penalty at sentencing.
  • Their average sentence was 144 months; 72 months with relief.
• 66% of the 3,028 individuals sentenced for powder cocaine offenses were convicted of an offense carrying a mandatory
  minimum penalty, compared to 46% of individuals sentenced for marijuana offenses. 
   
• 76% of the 163 individuals sentenced for crack cocaine offenses remained subject to a mandatory minimum penalty at sentencing, compared to 52% of individuals sentenced for marijuana offenses.

Firearms Offenses

• 26% of the 9,993 individuals sentenced for firearms offenses were convicted of an offense carrying a mandatory minimum penalty.
   
• 2,382 were convicted under 18 U.S.C. § 924(c);
  • 84% remained subject to the mandatory minimum penalty at sentencing.
  • Their average sentence was 158 months; 99 months with relief.
• 159 qualified as Armed Career Criminals under 18 U.S.C. § 924(e);
  • 82% remained subject to the mandatory minimum penalty at sentencing.
  • Their average sentence was 208 months; 118 months with relief.

Sex Offenses

• 72% of the 2,812 individuals sentenced for sex offenses—sexual abuse or child pornography—were convicted of an offense carrying a mandatory minimum penalty.  
   
• 78% of the 1,390 individuals sentenced for sexual abuse were convicted of an offense carrying a mandatory minimum penalty;
  • 96% remained subject to the mandatory minimum penalty at sentencing.
  • Their average sentence was 268 months; 183 months with relief.  
• 67% of the 1,422 individuals sentenced for child pornography were convicted of an offense carrying a mandatory minimum penalty;
  • 98% remained subject to the mandatory minimum penalty at sentencing.
  • Their average sentence was 147 months; 141 months with relief.