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] 1.2% of such cases involved oxycodone (down 46.4% since FY 2019). [3]

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• 76.9% of individuals sentenced for oxycodone trafficking were men.
   
• 36.8% were Black, 34.1% were White, 15.5% were Hispanic, and 13.6% were Other races. 
   
• Their average age was 45 years. 
   
• 98.2% were United States citizens.
   
• 61.1% had little or no prior criminal history (Criminal History Category I); 1.8% were individuals sentenced under the career offender guideline (§4B1.1). 
   
• The median base offense level in these cases was 26, corresponding to between 1,990 and 3,483 30-milligram instant release pills of oxycodone. 
   
• Sentences were increased for:
  • possessing a weapon (16.7%);
  • a leadership or supervisory role in the offense (14.5%).
     
• Sentences were decreased for:
  • minor or minimal participation in the offense (6.3%);
  • meeting the safety valve criteria in the sentencing guidelines (31.2%).
     
• The top five districts for oxycodone trafficking offenses were: 
  • District of North Dakota (44); 
  • Southern District of Florida (14); 
  • Southern District of Texas (13); 
  • Southern District of New York (12); 
  • District of New Jersey (12). 

Punishment

• The average sentence for oxycodone trafficking was 52 months.
   
• 88.7% were sentenced to prison.
   
• Oxycodone trafficking does not carry a mandatory minimum penalty. 

Sentences Relative to the Guideline Range

• Of the 55.2% of individuals sentenced for oxycodone trafficking under the Guidelines Manual:
  • 38.5% were sentenced within the guideline range.
     
  • 57.4% received a substantial assistance departure. 
    • Their average sentence reduction was 70.3%.
       
  • 0.0% received an Early Disposition Program (EDP) departure.[4]
  • 3.3% received some other downward departure.
    • Their average sentence reduction was 54.6%.
       
• 44.8% received a variance; of those individuals: 
  • 96.0% received a downward variance.
    • Their average sentence reduction was 54.2%.
       
  • 4.0% received an upward variance.
    • Their average sentence increase was 100.2%.

• The average guideline minimum increased and average sentence imposed has fluctuated over the past five years. 
  • The average guideline minimum increased from 68 months in fiscal year 2019 to 90 months in fiscal year 2023. 
     
  • The average sentence imposed increased and decreased throughout the fiscal years. The average sentence was 45 months in fiscal year 2019 and 52 months in fiscal year 2023. 

SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.