Of the 64,124 cases reported to the Commission in fiscal year 2023, 19,066 involved drugs.[1] Of those, 18,939 cases involved drug trafficking;[2] 47.5% of such cases involved methamphetamine (up 6.6% since FY 2019). [3]
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Individual and Offense Characteristics
- 79.8% of individuals sentenced for methamphetamine trafficking were men.
- 38.8% were Hispanic, 38.2% were White, 19.3% were Black, and 3.6% were Other races.
- Their average age was 39 years.
- 85.4% were United States citizens.
- 35.1% had little or no prior criminal history (Criminal History Category I); 6.6% were sentenced under the career offender guideline (§4B1.1).
- The median base offense level in these cases was 34, corresponding to between 5 and 15 kilograms of methamphetamine mixture or 500 grams and 1.5 kilograms of methamphetamine actual/“ICE.”
- Sentences were increased for:
- possessing a weapon (31.1%);
- a leadership or supervisory role in the offense (4.7%).
- Sentences were decreased for:
- minor or minimal participation in the offense (20.0%);
- meeting the safety valve criteria in the sentencing guidelines (32.3%).
- The top five districts for methamphetamine trafficking offenses were:
- Southern District of California (964);
- Northern District of Texas (484);
- Western District of Texas (457);
- Southern District of Texas (290);
- Eastern District of Tennessee (248).
Punishment
- The average sentence for methamphetamine traffickers was 100 months.
- 98.4% were sentenced to prison.
- 70.0% were convicted of an offense carrying a mandatory minimum penalty; 50.4% of those individuals were relieved of that penalty.
Sentences Relative to the Guideline Range
- Of the 59.3% of individuals sentenced for methamphetamine trafficking under the Guidelines Manual:
- 38.5% were sentenced within the guideline range.
- 38.5% received a substantial assistance departure.
- Their average sentence reduction was 49.1%.
- Their average sentence reduction was 49.1%.
- 14.2% received an Early Disposition Program (EDP) departure.[4]
- Their average sentence reduction was 66.7%.
- Their average sentence reduction was 66.7%.
- 8.6% received some other downward departure.
- Their average sentence reduction was 49.5%.
- Their average sentence reduction was 49.5%.
- 38.5% were sentenced within the guideline range.
- 40.7% received a variance; of those individuals:
- 99.0% received a downward variance.
- Their average sentence reduction was 35.3%.
- Their average sentence reduction was 35.3%.
- 1.0% received an upward variance.
- Their average sentence increase was 57.1%.
- 99.0% received a downward variance.
- The average guideline minimum increased and the average sentence imposed increased over the past five years.
- The average guideline minimum increased from 131 months in fiscal year 2019 to 145 months in fiscal year 2023.
- The average sentence was 95 months in fiscal year 2019 and 100 months in fiscal year 2023.
- The average guideline minimum increased from 131 months in fiscal year 2019 to 145 months in fiscal year 2023.
[1] Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 9,021 individuals sentenced for methamphetamine offenses sentenced under USSG Chapter Two, Part D (Drugs) in FY 2023.
[2] Individuals sentenced for drug trafficking were sentenced under USSG §§2D1.1 (Drug Trafficking), 2D1.2 (Protected Locations), 2D1.5 (Continuing Criminal Enterprise), 2D1.6 (Use of a Communication Facility), 2D1.8 (Rent/Manage Drug Establishment), 2D1.10 (Endangering Human Life), or 2D1.14 (Narco-Terrorism).
[3] Cases with incomplete sentencing information were excluded from the analysis.
[4] “Early Disposition Program (or EDP) departures” are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.
SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.