Population Snapshot
Of the 64,124 cases reported in FY 2023, 2,864 involved convictions under 18 U.S.C. § 924(c).[1] Offenses under 18 U.S.C. § 924(c) involve the use or carrying of a firearm during and in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of those crimes.
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Individual and Offense Characteristics
- 95.8% of section 924(c) individuals were men.
- 51.8% were Black, 25.2% were Hispanic, 19.8% were White, and 3.3% were Other races.
- Their average age was 34 years.
- 94.4% were United States citizens.
- 26.3% had little or no prior criminal history (Category I);
- 11.8% were CHC II;
- 18.5% were CHC III;
- 13.5% were CHC IV;
- 9.0% were CHC V;
- 20.9% were CHC VI.
- The top five districts for section 924(c) individuals were:
- District of Puerto Rico (215);
- Western District of Missouri (139);
- Eastern District of North Carolina (121);
- Southern District of Texas (85);
- Southern District of Florida (85).
- 8.1% were career offenders (§4B1.1).
- 7.3% were convicted of multiple counts of section 924(c).
Punishment[2], [3]
- 100% were sentenced to prison.[4]
- The average sentence for all section 924(c) individuals was 145 months.
- 80 months for individuals convicted only under section 924(c).
- 143 months for individuals also convicted of an offense not carrying a mandatory minimum.
- 202 months for individuals determined to be career offenders.
- 88.2% of section 924(c) individuals were also convicted of another offense; of those individuals:
- 53.3% were convicted of drug trafficking, 23.5% of robbery, and 8.5% of another firearms offense.
- 35.4% of all section 924(c) individuals were convicted of another offense carrying a mandatory minimum. In most cases, the other offense was a drug trafficking crime.
Sentences Relative to the Guideline Range
Section 924(c) Only Cases
- 88.9% of individuals with a conviction only under section 924(c) were sentenced under the Guidelines Manual; of those individuals:
- 7.1% received a substantial assistance departure.
- Their average sentence reduction was 43.6%.
- Their average sentence reduction was 43.6%.
- 7.1% received a substantial assistance departure.
Section 924(c) Cases Involving Career Offender
- 34.2% of section 924(c) individuals determined to be career offenders were sentenced under the Guidelines Manual;[5] of those individuals:
- 39.7% received a substantial assistance departure.
- Their average sentence reduction was 55.5%.
- 39.7% received a substantial assistance departure.
- 65.8% received a variance.
- 100% received a downward variance.
- Their average sentence reduction was 38.9%.
- Their average sentence reduction was 38.9%.
- 100% received a downward variance.
All Section 924(c) Cases
- The average guideline minimum slightly decreased and the average sentence imposed fluctuated for all section 924(c) individuals over the past five years.
- The average guideline minimum decreased from 185 months in fiscal year 2019 to 183 months in fiscal year 2023.
- The average sentence imposed increased and decreased throughout the fiscal years. The average sentence was 138 months in fiscal year 2019 and 145 months in fiscal year 2023.
[1] Cases with incomplete sentencing information were excluded from the analysis.
[2] These values represent the highest mandatory minimum an individual was subject to under section 924(c).
[3] The “Other” category includes individuals with a mandatory minimum of 25 years (0.4%), 30 years (0.2%), and life (0.2%).
[4] Offenses under section 924(c) carry one of several mandatory minimum penalties depending on the circumstances of the offense.
[5] The guideline sentence for a section 924(c) offense is the minimum term of imprisonment required by statute. USSG §2K2.4. Punishments under section 924(c) run consecutive to any other term of imprisonment. 18 U.S.C. § 924(c)(1)(D)(ii).
SOURCE: United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.