Of the 64,124 cases reported to the Commission in fiscal year 2023 17,080 involved an offense carrying a statutory mandatory minimum penalty. 16.3% of all individuals were subject to a mandatory minimum penalty at sentencing.[1]
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Overview
- 26.6% of all cases carried a mandatory minimum penalty.
- Of all cases carrying a mandatory minimum penalty:
- 72.3% were drug trafficking;
- 6.1% were sexual abuse;
- 5.6% were child pornography;
- 4.8% were firearms;
- 3.2% were fraud.
- 40.9% of individuals convicted of an offense carrying a mandatory minimum penalty were relieved of the penalty;
- Of individuals convicted of an offense carrying a mandatory minimum penalty:
- 36.9% of males received relief;
- 69.9% of females received relief;
- 35.8% of U.S. citizens received relief;
- 66.2% of non-U.S. citizens received relief.
- 59.1% of individuals convicted of an offense carrying a mandatory minimum penalty did not receive relief.
- 38.1% of individuals convicted of a mandatory minimum penalty were Hispanic, 30.3% were White, 28.3% were Black, and 3.2% were Other races.
Individuals and Sentencing
- The average sentence length was:
- 151 months for those subject to the mandatory minimum penalty;
- 67 months for those receiving relief;
- 30 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:
- Central District of Illinois (63.7%);
- Northern District of Florida (57.7%);
- Western District of Virginia (57.0%);
- Southern District of Indiana (57.0%);
- District of Puerto Rico (56.7%).
Offense Categories
Identity Theft Offenses
- 80.7% of the 626 individuals sentenced for identity theft offenses[4] were subject to a mandatory minimum penalty at sentencing.
- Their average sentence was 57 months; 28 months with relief.
Drug Offenses
- 64.7% of the 18,818 individuals sentenced for drug offenses[5] were convicted of an offense carrying a mandatory minimum penalty;
- 48.6% remained subject to that penalty at sentencing.
- Their average sentence was 138 months; 64 months with relief.
- 72.6% of the 3,547 individuals sentenced for powder cocaine offenses were convicted of an offense carrying a mandatory minimum penalty, compared to 47.0% of individuals sentenced for marijuana offenses.
- 63.3% of the 357 individuals sentenced for crack cocaine offenses remained subject to a mandatory minimum penalty at sentencing, compared to 39.1% of individuals sentenced for marijuana offenses.
Firearms Offenses
- 28.0% of the 11,131 individuals sentenced for firearms offenses were convicted of an offense carrying a mandatory minimum penalty.
- 2,830 were convicted under 18 U.S.C. § 924(c);
- 81.9% remained subject to the mandatory minimum penalty at sentencing.
- Their average sentence was 153 months; 108 months with relief.
- 189 qualified as Armed Career Criminals under 18 U.S.C. § 924(e);
- 79.0% remained subject to the mandatory minimum penalty at sentencing.
- Their average sentence was 223 months; 116 months with relief.
Sex Offenses
- 70.9% of the 2,776 individuals sentenced for sex offenses—sexual abuse or child pornography—were convicted of an offense carrying a mandatory minimum penalty.
- 74.3% f the 1,379 individuals sentenced for sexual abuse were convicted of an offense carrying a mandatory minimum penalty;
- 94.8% remained subject to the mandatory minimum penalty at sentencing.
- Their average sentence was 259 months; 157 months with relief.
- 67.6% of the 1,397 individuals sentenced for child pornography were convicted of an offense carrying a mandatory minimum penalty;
- 96.9% remained subject to the mandatory minimum penalty at sentencing.
- Their average sentence was 143 months; 111 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 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.