Mandatory Minimum Penalties

"Cover of the Quick Facts handout"

Of the 61,678 cases reported to the Commission in fiscal year 2024, 14,964 involved an offense carrying a statutory mandatory minimum penalty.1 15.9% of all sentenced individuals were subject to a mandatory minimum penalty at sentencing.

Click the cover for the PDF handout or learn more below. 

Overview

 

 

  • 24.3% of all cases carried a mandatory minimum penalty.
     
  • Of all cases carrying a mandatory minimum penalty:
    • 69.4% were drug trafficking;
    • 7.4% were sexual abuse;
    • 6.2% were child pornography;
    • 5.0% were firearms;
    • 3.4% were fraud.
  • 37.0% of individuals convicted of an offense carrying a mandatory minimum penalty were relieved of the penalty;
    • 16.1% received relief through the safety valve provision;2
    • 14.6% provided the government with substantial assistance;3
    • 6.3% received relief through both.  
  • Of individuals convicted of an offense carrying a mandatory minimum penalty:
    • 34.0% of males received relief;
    • 63.7% of females received relief;
    • 31.1% of U.S. citizens received relief;
    • 64.1% of non-U.S. citizens received relief.
  • 63.0% of individuals convicted of an offense carrying a mandatory minimum penalty did not receive relief.
     
  • 38.1% of individuals convicted of an offense carrying a mandatory minimum penalty were Hispanic, 29.5% were Black, 28.5% were White, and 3.9% were Other races.

 

 

Individuals and Sentencing

  • The average sentence length was:
    • 157 months for those subject to the mandatory minimum penalty;
    • 70 months for those receiving relief;
    • 31 months for individuals 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:
    • District of Hawaii (72.9%);
    • Southern District of Indiana (62.5%);
    • District of Puerto Rico (59.3%);
    • Northern District of Florida (58.7%);
    • District of Nebraska (55.7%).

 

Offense Categories

Identity Theft Offenses

  • 83.8% of the 567 individuals sentenced for identity theft offenses4 were subject to a mandatory minimum penalty at sentencing.
    • Their average sentence was 59 months; 31 months with relief.

Drug Offenses

  • 57.2% of the 17,858 individuals sentenced for drug offenses5 were convicted of an offense carrying a mandatory minimum penalty;
    • 52.4% remained subject to that penalty at sentencing.
    • Their average sentence was 142 months; 68 months with relief.
  • 66.9% of the 3,456 individuals sentenced for powder cocaine offenses were convicted of an offense carrying a mandatory
    minimum penalty, compared to 49.6% of individuals sentenced for marijuana offenses. 
     
  • 75.6% of the 238 individuals sentenced for crack cocaine offenses remained subject to a mandatory minimum penalty at sentencing, compared to 38.4% of individuals sentenced for marijuana offenses.


Firearms Offenses

  • 27.6% of the 10,184 individuals sentenced for firearms offenses were convicted of an offense carrying a mandatory minimum penalty.
     
  • 2,522 were convicted under 18 U.S.C. § 924(c);
    • 81.3% remained subject to the mandatory minimum penalty at sentencing.
    • Their average sentence was 161 months; 102 months with relief.
  • 194 qualified as Armed Career Criminals under 18 U.S.C. § 924(e);
    • 83.4% remained subject to the mandatory minimum penalty at sentencing.
    • Their average sentence was 214 months; 122 months with relief.

Sex Offenses

  • 72.0% of the 2,779 individuals sentenced for sex offenses—sexual abuse or child pornography—were convicted of an offense carrying a mandatory minimum penalty.  
     
  • 76.8% of the 1,413 individuals sentenced for sexual abuse were convicted of an offense carrying a mandatory minimum penalty;
    • 95.6% remained subject to the mandatory minimum penalty at sentencing.
    • Their average sentence was 262 months; 159 months with relief.  
  • 67.1% of the 1,366 individuals sentenced for child pornography were convicted of an offense carrying a mandatory minimum penalty;
    • 97.6% remained subject to the mandatory minimum penalty at sentencing.
    • Their average sentence was 144 months; 99 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 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.