Population Snapshot
Of the 64,142 cases reported in FY 2022, 8,688 involved convictions under 18 U.S.C. § 922(g).[1] Section 922(g) prohibits certain persons from shipping, transporting, possessing, or receiving a firearm or ammunition while subject to a prohibition from doing so most commonly because of a prior conviction for a felony offense. Of the 8,688 individuals, 87.8% were convicted under 18 U.S.C. § 922(g)(1) because of a prior felony conviction.
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Offender Characteristics
- 97.5% of section 922(g) offenders were men.
- 58.1% were Black, 23.1% were White, 15.6% were Hispanic, and 3.2% were Other races.
- Their average age was 35 years.
- 96.6% were United States citizens.
- 26.0% were in the highest Criminal History Category (Criminal History Category VI);
- 6.8% were CHC I;
- 8.6% were CHC II;
- 21.3% were CHC III;
- 21.4% were CHC IV;
- 15.9% were CHC V.
- The top five districts for section 922(g) offenders were:
- Eastern District of Missouri (441);
- Northern District of Ohio (358);
- Northern District of Texas (306);
- Western District of Texas (280);
- Western District of Missouri (243).
- Districts with the highest proportion of section 922(g) cases were:
- Middle District of Tennessee (51.1%);
- Eastern District of Missouri (43.2%);
- Northern District of Iowa (41.6%);
- Northern District of Alabama (40.7%);
- Middle District of North Carolina (39.6%).
Punishment
- 97.4% of section 922(g) offenders were sentenced to prison; sentences varied widely by whether a mandatory minimum penalty applied in the case.
- 15.0% of section 922(g) offenders were convicted of one or more statutes with a mandatory minimum penalty:
- 2.8% were sentenced under 18 U.S.C. § 924(e), the Armed Career Criminal Act (ACCA);[2]
- 5.2% were convicted of violating 18 U.S.C. § 924(c);
- 7.0% were convicted of another statute carrying a mandatory minimum penalty, most of which were drug offenses.
- The average sentence for all section 922(g) offenders was 63 months.
- The average sentence for offenders convicted of violating section 922(g) and sentenced under ACCA was 186 months.
- The average sentence for offenders convicted of violating section 922(g) but not sentenced under ACCA was 60 months.
Sentences Relative to the Guideline Range
- Of the 61.3% of section 922(g) offenders sentenced under the Guidelines Manual:[3]
- 82.7% were sentenced within the guideline range.
- 10.1% received a substantial assistance departure.
- Their average sentence reduction was 46.1%.
- 5.7% received some other downward departure.
- Their average sentence reduction was 39.7%.
- Their average sentence reduction was 39.7%.
- 38.7% received a variance; of those offenders:
- 89.3% received a downward variance.
- Their average sentence reduction was 35.7%.
- 10.7% received an upward variance.
- Their average sentence increase was 41.9%.
- Their average sentence increase was 41.9%.
- 89.3% received a downward variance.
- The average guideline minimum and average sentence imposed remained steady over the past five years.
- The average guideline minimum was 72 months in fiscal year 2018 and fiscal year 2022.
- The average sentence imposed decreased from 64 months in fiscal year 2018 to 63 months in fiscal year 2022.
[1] Cases with incomplete sentencing information were excluded from the analysis.
[2] 18 U.S.C. § 924(e) requires a 15-year mandatory minimum penalty be imposed on offenders convicted of violating section 922(g) with three previous convictions for a violent felony or serious drug crime.
[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 2018 through FY 2022 Datafiles, USSCFY18-USSCFY22.