Mandatory Minimum Penalties

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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]

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

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;
    • 19.5% received relief through the safety valve provision;[2]
    • 14.4% provided the government with substantial assistance;[3]
    • 7.1% received relief through both.  
  • 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.