Individual and Offense Characteristics

• 80.6% of Native American sentenced individuals were men.
   
• Their average age was 36 years. 
   
• 99.6% were United States citizens.
   
• 38.3% had little or no prior criminal history (Criminal History Category I):[2] 
  • 12.5% were CHC II;
  • 18.0% were CHC III;
  • 11.7% were CHC IV;
  • 8.4% were CHC V;
  • 11.1% were CHC VI.
     
• The top five districts for Native American sentenced individuals were:
  • District of Arizona (257);
  • District of South Dakota (236);
  • District of North Dakota (138);
  • Eastern District of Oklahoma (132);
  • Northern District of Oklahoma (106).
     
• The top five districts where Native Americans comprised the highest proportion of the overall caseload were:
  • Eastern District of Oklahoma (63.8%);
  • District of South Dakota (46.6%);
  • District of North Dakota (33.6%);
  • Northern District of Oklahoma (27.5%);
  • District of Montana (26.9%).
     
• 21.6% of offenses committed by Native Americans involved weapons, compared to 13.8% of all offenses in fiscal year 2023.

Punishment

• The average sentence for Native Americans was 69 months.
   
• 94.0% were sentenced to prison.
   
• 19.1% were convicted of an offense carrying a mandatory minimum penalty.
  • The average sentence was 141 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

• Of the 63.0% of Native Americans sentenced under the Guidelines Manual:
  • 61.8% were sentenced within the guideline range.
     
  • 14.7% received a substantial assistance departure.
    • Their average sentence reduction was 59.1%.
       
  • 12.6% received some other downward departure.
    • Their average sentence reduction was 43.4%.
       
  • 6.3% received an Early Disposition Program (EDP) departure.[3] 
    • Their average sentence reduction was 61.6%.
       
       
• 37.0% received a variance; of those individuals: 
  • 86.3% received a downward variance.
    • Their average sentence reduction was 43.0%.
       
  • 13.8% received an upward variance.
    • Their average sentence increase was 56.8%.

• The average guideline minimum and average sentence imposed increased over the past five years.
  • The average guideline minimum increased from 65 months in fiscal year 2019 to 79 months in fiscal year 2023.
     
  • The average sentence imposed increased from 56 months in fiscal year 2019 to 69 months in fiscal year 2023.

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

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

[3] 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.