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;
  • 21.6% received relief through the safety valve provision; [2]
  • 14.4% provided the government with substantial assistance; [3]
  • 6.7% received relief through both.
     
• 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.