Population Snapshot
Of the 64,142 cases reported to the Commission in fiscal year 2022, 18,371 involved an offense carrying a mandatory minimum penalty.[1] 16.7% of all offenders remained subject to a mandatory minimum at sentencing.
Click the cover for the PDF handout or learn more below.
Overview
- 29.6% of all cases carried a mandatory minimum penalty.
- Of all cases carrying a mandatory minimum penalty:
- 73.2% were drug trafficking;
- 6.1% were sexual abuse;
- 5.2% were child pornography;
- 4.7% were firearms;
- 3.7% were fraud.
- 42.7% of offenders convicted of an offense carrying a mandatory minimum were relieved of the penalty;
- Of offenders convicted of an offense carrying a mandatory minimum penalty:
- 38.3% of male offenders received relief;
- 70.6% of female offenders received relief;
- 37.8% of U.S. citizen offenders received relief;
- 67.7% of non-U.S. citizen offenders received relief.
- 57.3% of offenders convicted of an offense carrying a mandatory minimum penalty did not receive relief.
- 38.5% of offenders convicted of a mandatory minimum penalty were Hispanic, 30.2% were White, 28.1% were Black, and 3.2% were Other races.
Offenders and Sentencing
- The average sentence length was:
- 144 months for those subject to the mandatory minimum;
- 63 months for those receiving relief;
- 29 months for offenders who were not convicted of an offense carrying a mandatory minimum penalty
- The top five districts where cases involving a mandatory minimum penalty comprised the highest percentage of the overall caseload were:
- Northern District of Florida (64.4%);
- District of Hawaii (61.3%);
- Eastern District of Tennessee (56.7%);
- Eastern District of Kentucky (55.9%);
- Southern District of Illinois (55.2%).
Offense Categories
Identity Theft Offenders
- 83.1% of the 775 identity theft offenders[4] were subject to a mandatory minimum penalty at sentencing.
- Their average sentence was 51 months; 29 months with relief.
Drug Offenders
- 67.1% of drug offenders were convicted of an offense carrying a mandatory minimum penalty;
- 46.6% remained subject to that penalty at sentencing.
- Their average sentence was 133 months; 61 months with relief. [5]
- 74.6% of methamphetamine offenders were convicted of an offense carrying a mandatory minimum penalty, compared to 42.7% of marijuana offenders.
- 74.4% of crack cocaine offenders remained subject to a mandatory minimum penalty at sentencing, compared to 38.5% of marijuana offenders.
Firearms Offenders
- 3,091 offenders were convicted of a firearms offense carrying a mandatory minimum penalty.
- 2,760 were convicted under 18 U.S.C. § 924(c);
- 82.5% remained subject to the mandatory minimum penalty at sentencing.
- Their average sentence was 151 months; 101 months with relief.
- 243 qualified as Armed Career Criminals under 18 U.S.C. § 924(e);
- 79.8% remained subject to the mandatory minimum penalty at sentencing.
- Their average sentence was 208 months; 96 months with relief.
Sex Offenders
- 70.4% of the 2,902 sex offenders—sexual abuse or child pornography offenders—were convicted of an offense carrying a mandatory minimum penalty.
- 74.4% of the 1,478 sexual abuse offenders were convicted of an offense carrying a mandatory minimum penalty;
- 93.5% remained subject to the mandatory minimum at sentencing.
- Their average sentence was 252 months; 138 months with relief.
- 66.3% of the 1,424 child pornography offenders were convicted of an offense carrying a mandatory minimum penalty;
- 97.8% remained subject to the mandatory minimum at sentencing.
- Their average sentence was 138 months; 88 months with relief.
[1] Cases with incomplete sentencing information were excluded from the analysis.
[2] See 18 U.S.C. § 3553(f).
[3] See 18 U.S.C. § 3553(e).
[4] Convicted of an offense under 18 U.S.C. § 1028A.
[5] The ‘Fentanyl’ category includes both Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) and Fentanyl Analogue.
SOURCE: United States Sentencing Commission, FY 2018 through FY 2022 Datafiles, USSCFY18-USSCFY22.