Population Snapshot
Of the 64,124 cases reported in FY 2023, 1,490 involved robbery.[1] Robbery offenses have decreased by 17.4% since FY 2019.
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Individual and Offense Characteristics
- 94.2% of individuals sentenced for robbery were men.
- 60.3% were Black, 19.7% were Hispanic, 16.1% were White, and 3.9% were Other races.
- Their average age was 33 years.
- 96.2% were United States citizens.
- 28.2% had little or no prior criminal history (Criminal History Category I); 17.9% were CHC VI.
- The median loss for these offenses was $1,886;[2]
- 81.2% involved loss amounts of $20,000 or less;
- 8.9% involved loss amounts greater than $95,000.
- Sentences were increased for:
- taking the property of a financial institution or post office (28.6%);[3]
- using or brandishing a firearm or dangerous weapon or making a threat of death (63.5%);
- a victim sustaining a bodily injury (17.3%);
- abducting or physically restraining a victim (23.1%);
- carjacking (20.3%);
- taking a firearm, destructive device, or controlled substance (9.7%);
- a leadership or supervisory role in the offense (1.8%);
- reckless endangerment during flight (6.8%).
- Sentences were decreased for:
- minor or minimal participation in the offense (2.4%).
- minor or minimal participation in the offense (2.4%).
- The top five districts for robbery offenses were:
- Southern District of Texas (93);
- District of Puerto Rico (67);
- Eastern District of New York (60);
- Eastern District of Pennsylvania (56);
- Northern District of Texas (55).
- 39.6% of individuals sentenced for robbery also had convictions under 18 U.S.C. § 924(c).
Punishment
- The average sentence length for all individuals sentenced for robbery was 111 months.
- The average sentence length was 79 months for individuals sentenced for robbery without a conviction under section 924(c).
- The average sentence length was 159 months for individuals sentenced for robbery with a conviction under section 924(c).
- 99.3% were sentenced to prison.
- 40.4% were convicted of an offense carrying a mandatory minimum penalty; of those individuals, 15.5% were relieved of that penalty.
Sentences Relative to the Guideline Range
Robbery with Section 924(c) Convictions[4]
- Among individuals sentenced for robbery with 924(c) convictions, 54.0% were sentenced under the Guidelines Manual; of those individuals:
- 64.6% were sentenced within the guideline range.
- 2.5% received an upward departure.
- Their average sentence increase was 46.6%.
- 28.0% received a substantial assistance departure.
- Their average sentence reduction was 41.3%.
- 46.0% received a variance; of those individuals:
- 92.5% received a downward variance.
- Their average sentence reduction was 19.9%.
- 7.5% received an upward variance.
- Their average sentence increase was 17.8%.
- Their average sentence increase was 17.8%.
- 92.5% received a downward variance.
Robbery without Section 924(c) Convictions
- Among individuals sentenced for robbery without 924(c) convictions, 57.3% were sentenced under the Guidelines Manual; of those individuals:
- 75.4% were sentenced within the guideline range.
- 1.2% received an upward departure.
- Their average sentence increase was 29.8%.
- 16.1% received a substantial assistance departure.
- Their average sentence reduction was 47.3%.
- 0.6% received an Early Disposition Program (EDP) Departure.[5], [6]
- 6.7% received some other downward departure.
- Their average sentence reduction was 34.0%.
- 42.7% received a variance; of those individuals:
- 85.3% received a downward variance.
- Their average sentence reduction was 32.3%.
- 14.7% received an upward variance.
- Their average sentence increase was 46.9%.
- Their average sentence increase was 46.9%.
- 85.3% received a downward variance.
All Robbery
- The average guideline minimum and average sentence imposed remained steady over the past five years.
- The average guideline minimum decreased from 125 months in fiscal year 2019 to 123 months in fiscal year 2023.
- The average sentence imposed increased from 109 months in fiscal year 2019 to 111 months in fiscal year 2023.
[1] Robbery offenses include cases in which the individual was sentenced under §2B3.1 (Robbery).
[2] Cases with incomplete sentencing information were excluded from the analysis.
[3] Out of the remaining cases. 92.1% of offenses primarily involved robberies of retail establishments or individuals engaged in interstate commerce and motor vehicles moved in interstate commerce.
[4] Pursuant to 18 U.S.C. § 924(c)(1)(D)(ii), punishments under section 924(c) run consecutively to any other term of imprisonment. Consequently, the applicable guideline range for a case in which the individual was also convicted under section 924(c) is the minimum term of imprisonment required by that statute in addition to the range calculated under the guidelines for the underlying offense.
[5] “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.
[6] The Commission does not report the average for categories with three or fewer cases.
SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.