Individual and Offense Characteristics

• 87.0% of individuals sentenced for national defense offenses were men.
   
• 65.2% were Hispanic, 19.8% were White, 9.9% were Black, and 5.1% were Other races.
  • 86.0% of individuals in cases involving the unauthorized exportation of arms were Hispanic.
  • 42.9% of individuals in cases involving exports controls and financial transactions terrorism were White.
  • 44.4% of individuals in cases involving support to terrorism were White and 44.4% were Black.
     
• Their average age was 38 years. 
   
• 68.3% were United States citizens.
   
• 79.9% had little or no prior criminal history (Criminal History Category I);
  • 15.0% received a terrorism adjustment under USSG §3A1.4, which requires that the defendant’s criminal history category be Category VI.
     
• The top five districts for national defense offenses were:
  • Southern District of Texas (66);
  • District of Arizona (49);
  • Western District of Texas (29);
  • Northern District of Alabama (17);
  • Southern District of Florida (12).
     

USSG §3A1.4 Sentencing Adjustment for Terrorism

• Over the past five years, 150 individuals received an enhanced sentence through application of the terrorism adjustment at USSG §3A1.4; of these:
  • 85.3% were men;
  • 54.3% were White, 19.5% were Black, 13.4% were Other races, and 12.8% were Hispanic;
  • Their average age was 36 years;
  • 72.0% were United States citizens;
  • 23.8% of non-U.S. citizens were from the Latin America; 21.4% were from the Middle East; 19.0% were from Europe; 16.7% were from Central Asia; 9.5% were from Africa; and 7.1% were from South Asia.

Punishment

• 83.9% of individuals sentenced for national defense offenses were sentenced to prison.
   
• The average sentence was 53 months.
  • The average sentence for individuals convicted of unauthorized exportation of arms was 24 months.
  • The average sentence for individuals convicted of export controls and financial transactions terrorism was 16 months.
  • The average sentence for individuals convicted of support to terrorism was 121 months.
  • The average sentence for individuals who received a terrorism adjustment under USSG §3A1.4 was 228 months.

Sentences Relative to the Guideline Range

• 53.1% of sentences for national defense offenses were under the Guidelines Manual.
  • 33.5% were within the guideline range.
     
  • 11.8% were substantial assistance departures.
    • The average sentence reduction was 54.5%.
       
  • 7.9% were some other downward departure.
    • The average sentence reduction was 57.5%.
       
• 46.9% of sentences for national defense offenses were variances.
  • 46.5% were downward variances.
    • The average sentence reduction was 55.1%.
       
  • 0.4% were upward variances.³

• The average guideline minimum fluctuated and the average sentence imposed increased over the past five years.
  • The average guideline minimum increased and decreased throughout the fiscal years. The average guideline minimum was 70 months in fiscal year 2020 and 78 months in fiscal year 2024. 
     
  • The average sentence imposed increased from 44 months in fiscal year 2020 to 53 months in fiscal year 2024.

SOURCE: United States Sentencing Commission, FY 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.