Population Snapshot
Of the 64,142 cases reported in FY 2022, 2,790 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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Offender Characteristics
- 96.1% of section 924(c) offenders were men.
- 55.6% were Black, 20.9% were White, 20.7% were Hispanic, and 2.8% were Other races.
- Their average age was 33 years.
- 95.1% were United States citizens.
- 23.4% had little or no prior criminal history (Category I);
- 12.2% were CHC II;
- 19.9% were CHC III;
- 13.2% were CHC IV;
- 10.3% were CHC V;
- 21.0% were CHC VI.
- The top five districts for section 924(c) offenders were:
- District of Puerto Rico (139);
- Eastern District of North Carolina (109);
- Western District of Missouri (103);
- Southern District of New York (99);
- Northern District of Ohio (82).
- 6.7% were career offenders (§4B1.1).
- 6.8% were convicted of multiple counts of section 924(c).
Punishment[2], [3]
- 99.9% were sentenced to prison.[4]
- The average sentence for all section 924(c) offenders was 142 months.
- 80 months for offenders convicted only under section 924(c).
- 136 months for offenders also convicted of an offense not carrying a mandatory minimum.
- 192 months for offenders determined to be career offenders.
- 86.9% of section 924(c) offenders were also convicted of another offense; of those offenders:
- 56.7% were convicted of drug trafficking, 24.5% of robbery, and 8.1% of another firearms offense.
- 34.9% of all section 924(c) offenders were convicted of another offense carrying a mandatory minimum. In most cases, the other offense was a drug trafficking crime.
Section 924(c) Only Offenders
- 87.5% of offenders with a conviction only under section 924(c) were sentenced under the Guidelines Manual; of those offenders:
- 7.9% received a substantial assistance departure.
- Their average sentence reduction was 48.9%.
- Their average sentence reduction was 48.9%.
- 7.9% received a substantial assistance departure.
Section 924(c) Cases Involving Career Offender
- 37.7% of section 924(c) offenders determined to be career offenders were sentenced under the Guidelines Manual;[5] of those offenders:
- 42.0% received a substantial assistance departure.
- Their average sentence reduction was 51.2%.
- Their average sentence reduction was 51.2%.
- 42.0% received a substantial assistance departure.
- 62.3% received a variance.
- 99.1% received a downward variance.
- Their average sentence reduction was 39.6%.
- Their average sentence reduction was 39.6%.
- 99.1% 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) offenders over the past five years.
- The average guideline minimum decreased from 194 months in fiscal year 2018 to 177 months in fiscal year 2022.
- The average sentence imposed increased and decreased throughout the fiscal years. The average sentence was 146 months in fiscal year 2018 and 142 months in fiscal year 2022.
[1] Cases with incomplete sentencing information were excluded from the analysis.
[2] These values represent the highest mandatory minimum an offender was subject to under section 924(c).
[3] The “Other” category includes offenders with a mandatory minimum of 25 years (0.5%), 30 years (0.1%), and life (0.1%).
[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 2018 through FY 2022 Datafiles, USSCFY18-USSCFY22.