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] 18.9% of such cases involved powder cocaine (down 0.1% since FY 2019).[3]
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Individual and Offense Characteristics
- 91.8% of individuals sentenced for powder cocaine trafficking were men.
- 71.3% were Hispanic, 22.3% were Black, 5.4% were White, and 1.0% were Other races.
- Their average age was 39 years.
- 65.5% were United States citizens.
- 63.5% had little or no prior criminal history (Criminal History Category I); 3.1% were sentenced under the career individual guideline (§4B1.1).
- The median base offense level in these cases was 30, corresponding to between 5 and 15 kilograms of powder cocaine.
- Sentences were increased for:
- possessing a weapon (21.2%);
- a leadership or supervisory role in the offense (9.6%).
- Sentences were decreased for:
- minor or minimal participation in the offense (17.0%);
- meeting the safety valve criteria in the sentencing guidelines (44.1%).
- The top five districts for powder cocaine trafficking offenses were:
- District of Puerto Rico (515);
- Southern District of Texas (401);
- Southern District of Florida (223);
- Southern District of California (214);
- Middle District of Florida (214).
Punishment
- The average sentence for powder cocaine traffickers was 68 months.
- 97.4% were sentenced to prison.
- 70.6% were convicted of an offense carrying a mandatory minimum penalty; 62.5% of those individuals were relieved of that penalty.
Sentences Relative to the Guideline Range
- Of the 59.6% of individuals sentenced for powder cocaine trafficking under the Guidelines Manual:
- 53.8% were sentenced within the guideline range.
- 30.6% received a substantial assistance departure.
- Their average sentence reduction was 53.9%.
- Their average sentence reduction was 53.9%.
- 6.7% received an Early Disposition Program (EDP) departure.[4]
- Their average sentence reduction was 64.9%.
- Their average sentence reduction was 64.9%.
- 8.8% received some other downward departure.
- Their average sentence reduction was 39.1%.
- Their average sentence reduction was 39.1%.
- 53.8% were sentenced within the guideline range.
- 40.4% received a variance; of those individuals:
- 96.3% received a downward variance.
- Their average sentence reduction was 37.4%.
- Their average sentence reduction was 37.4%.
- 3.7% received an upward variance.
- Their average sentence increase was 76.5%.
- 96.3% received a downward variance.
- The average guideline minimum and average sentence imposed remained steady over the past five years.
- The average guideline minimum was 92 months in fiscal year 2019 and 92 months in fiscal year 2023.
- The average sentence was 70 months in fiscal year 2019 and 68 months in fiscal year 2023.
- The average guideline minimum was 92 months in fiscal year 2019 and 92 months in fiscal year 2023.
[1] Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 3,589 individuals sentenced for powder cocaine 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.