Individual and Offense Characteristics

• 80.5% of Native American sentenced individuals were men.
   
• Their average age was 37 years. 
   
• 99.9% were United States citizens.
   
• 41.4% had little or no prior criminal history (Criminal History Category I):⁵
  • 16.6% were CHC II;
  • 15.5% were CHC III;
  • 8.6% were CHC IV;
  • 7.0% were CHC V;
  • 10.9% were CHC VI.
     
• The top five districts for Native American sentenced individuals were:
  • District of South Dakota (321);
  • District of Arizona (213);
  • Eastern District of Oklahoma (199);
  • Northern District of Oklahoma (180);
  • District of Montana (128).
     
• The top five districts where Native Americans comprised the highest proportion of the overall caseload were:
  • Eastern District of Oklahoma (67.0%);
  • District of South Dakota (56.6%);
  • District of Montana (35.2%);
  • Northern District of Oklahoma (28.9%);
  • District of North Dakota (28.2%).
     
• 22.2% of offenses committed by Native Americans involved weapons, compared to 13.8% of all offenses in fiscal year 2024.

Punishment

• The average sentence for Native Americans was 72 months.
   
• 94.8% were sentenced to prison.
   
• 18.3% were convicted of an offense carrying a mandatory minimum penalty.
  • The average sentence was 159 months for Native Americans convicted of an offense carrying a mandatory minimum penalty.
  • The average sentence was 52 months for Native Americans convicted of an offense not carrying a mandatory minimum penalty.

Sentences Relative to the Guideline Range

• 62.6% of sentences for Native Americans were under the Guidelines Manual.
  • 42.8% were within the guideline range.
     
  • 7.1% were substantial assistance departures.
    • The average sentence reduction was 58.5%.
       
  • 3.5% received an Early Disposition Program (EDP) departure.⁶
    • The average sentence reduction was 54.9%.
       
  • 5.8% were some other downward departure.
    • The average sentence reduction was 39.0%.
       
• 37.4% of sentences for Native Americans were variances.
  • 32.2% were downward variances.
    • The average sentence reduction was 43.3%.
       
  • 5.2% were upward variances.
    • The average sentence increase was 63.9%.

• The average guideline minimum and average sentence imposed have increased over the past five years.
  • The average guideline minimum increased from 63 months in fiscal year 2020 to 79 months in fiscal year 2024.
     
  • The average sentence imposed increased from 53 months in fiscal year 2020 to 72 months in fiscal year 2024.

¹ Cases with incomplete sentencing information were excluded from the analysis.

² Aggravated assault includes cases where the court applied §2A2.2 as the primary sentencing guideline.

³ Sexual assault includes cases where the court applied §§2A3.1, 2A3.2, 2A3.3, or 2A3.4 as the primary sentencing guideline.

⁴ “Other” guidelines include Manslaughter (85), Murder (79), Immigration (73), and Fraud (61). No other guideline had a value greater than 50.

⁵ Tribal offenses are not counted in determining the criminal history score under the sentencing guidelines. See §4A1.2(i).

⁶ 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 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.