2019 ANNUAL REPORT AND

SOURCEBOOK OF FEDERAL SENTENCING STATISTICS

Charles R. Breyer

Commissioner

Danny C. Reeves

Commissioner

Patricia K. Cushwa

Ex Officio

David Rybicki

Ex Officio

UNITED STATES SENTENCING COMMISSION

Kenneth P. Cohen

Staff Director

James T. Strawley

Deputy Staff Director

Susan M. Brazel

Director of Administration

Kathleen C. Grilli

General Counsel

Christine M. Leonard

Director of Legislative and Public Affairs

Glenn R. Schmitt

Director of Research and Data

Raquel K. Wilson

Director of Education and Sentencing Practice

ANNUAL REPORT
 Table of Contents | 1

ANNUAL REPORT
CONTENTS

Introduction 2

Agency Overview 2

Commissioners 2

Organization 3

Budget and Expenditures 4

Fiscal Year 2019 Activity Overview 5

Conducting Research 6

Collecting and Reporting Sentencing Data 8

Sentencing Policy Development 9

Training and Outreach 11

Summary 12
2 | 2019 Annual Report

Introduction

The United States Sentencing Commission (“the Commission”) was created by the
Sentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984. The
Commission is an independent agency in the Judicial Branch of the federal government, with
statutory duties that include:

• promulgating sentencing guidelines to be considered by sentencing judges in all federal

criminal cases;

• collecting, analyzing, and reporting sentencing data systematically to detect new criminal

trends, assess federal sentencing policies, and serve as a clearinghouse for federal
sentencing statistics;

• conducting research on sentencing issues and serving as an information center for the
collection, preparation, and dissemination of information on federal sentencing practices;
and

• providing specialized training to judges, probation officers, staff attorneys, law clerks,
prosecutors, defense attorneys, and other members of the federal criminal justice
community on application of the federal sentencing guidelines and federal sentencing.

The Commission continually releases a substantial amount of new and informative

sentencing data, research, and training materials. As a result, interest in the work of the
Commission by sentencing courts, Congress, the Executive Branch, and the general public
continues to increase. For example, in fiscal year 2019, the Commission’s website received over
1.5 million hits and averaged approximately 34,000 visitors per month. These numbers reflect
an impressive increase in visitors (+22%), sessions (+24%), and pages viewed (+16%) from the
previous fiscal year and demonstrate how the Commission disseminates information broadly,
efficiently, and cost-effectively.

Agency Overview

Commissioners
The Commission consists of up to seven voting members appointed to staggered six-year
terms by the President with the advice and consent of the Senate. By statute, at least three of
the commissioners shall be federal judges, and no more than four may be members of the same
political party. The Attorney General (or the Attorney General’s designee) and the Chairperson
of the United States Parole Commission are ex officio members of the Commission.
 2019 Annual Report | 3

Throughout much of fiscal year 2019 and into fiscal year 2020, the Commission has
operated with only two voting commissioners—Chief Judge Danny C. Reeves and Senior
Judge Charles R. Breyer. Other commissioners included Patricia K. Cushwa (ex officio,
U.S. Parole Commission) and David C. Rybicki (ex officio, U.S. Department of Justice). As a
result, the Commission has lacked the minimum of four affirmative votes required by statute
to promulgate amendments to the federal sentencing guidelines, but the Commission’s other
statutory duties are unaffected by the lack of four voting commissioners.

Organization
In fiscal year 2019, the Commission staff was divided into the Offices of the Staff Director,
General Counsel, Education and Sentencing Practice, Research and Data, Legislative and
Public Affairs, and Administration.

The Office of the Staff Director supervises and coordinates all agency functions.
The director of each office reports to the staff director, who in turn reports to the Commission
chair.

The Office of General Counsel supports the Commission on a variety of legal issues,
including the formulation and application of the guidelines and guideline amendments,
legislative proposals, and statutory interpretations. Legal staff monitor the district and
circuit courts’ application and interpretation of the guidelines and advise commissioners about
statutes affecting the Commission’s work. The legal staff also provides training support in
conjunction with the Office of Education and Sentencing Practice.

In addition, the office performs all drafting services for the Commission, prepares the
Guidelines Manual for printing, formally manages and maintains all papers and exhibits
received by the Commission that constitute requests for Commission action on sentencing
policy development, and coordinates the Commission’s policy initiatives.

The Office of Education and Sentencing Practice performs the lead role in teaching
guideline application to judges, probation officers, prosecuting and defense attorneys, and
other criminal justice professionals. The staff develops training materials, participates in
the sentencing guideline segments of training programs sponsored by other agencies, works
in conjunction with the Administrative Office of the U.S. Courts and the Federal Judicial
Center to create webcasts that are aired on the Commission’s website, and helps inform
the Commission about current guideline application practices. The office also operates the
“HelpLine” to respond to guideline application questions from guideline practitioners.

The Office of Research and Data provides statistical and other social science
research and analyses on specific sentencing issues and federal crime. The office receives
documents from the federal courts concerning the sentences imposed on individual offenders,
analyzes and enters information from those documents into the Commission’s comprehensive
computer database, and creates annual datafiles of sentencing information. Individual
offender datafiles (without individual identifiers) from fiscal year 2002 to the present are
available on the Commission’s website. Working with the Office of the General Counsel, the
Office of Research and Data also collects information on organizations convicted of crimes and
on appeals filed in individual and organizational cases.
4 | 2019 Annual Report

The office studies a variety of sentencing issues, including changes in the types and
severity of federal crimes, changes in the demographic characteristics and criminal history
of federal offenders, and sentencing trends in the federal courts. The office creates periodic
reports on federal sentencing practices and tracks the application of the sentencing guidelines.
These reports provide data concerning the types of crimes committed, the offenders who commit
those crimes, and how courts sentence offenders and use the guidelines. The office also provides
projections of the impact on the federal prison population of proposed legislation and proposed
guideline amendments. The reports are distributed to the courts, Congress, the Executive
Branch, and the public.

The Office of Legislative and Public Affairs serves as the Commission’s liaison with
Congress on sentencing matters, monitors Congress’s criminal law agenda and hearings, analyzes
legislative proposals, and takes the lead role in responding to congressional inquiries, including
specific requests for federal sentencing data. The office also provides services and information
to other external entities, including the judiciary, Executive Branch agencies, academia, and
advocacy groups. The office works closely with the Office of General Counsel on analyses of
proposed and recently enacted legislation.

The office is also responsible for the agency’s public information functions, responding to
inquiries and requests for information from the media, the public, Congress, academia, and
government agencies. The office plays a primary role in coordinating the production, editing,
printing, and dissemination of all Commission publications, including the Guidelines Manual,
original research publications, and reports to Congress. The unit is also responsible for the
Commission’s website and social media communications. The office coordinates the Commission’s
public hearings and meetings.

The Office of Administration provides general administrative support to commissioners

and staff regarding budget and finance, information technology, contracting, human resources,
facilities, and a variety of other office activities. This office also contains the Information
Systems unit, which develops and maintains the Commission’s extensive information systems
applications and the Commission’s records management system.

Budget and Expenditures

For fiscal year 2019, the Commission received an annual appropriation of $18,953,000
to continue to fulfill statutory duties envisioned by the Sentencing Reform Act of 1984. The
Commission appreciates the funding Congress has provided for
the Commission’s fulfillment of its statutory responsibilities. The Commission did not
The Commission did not request program increases for fiscal request program increases
year 2020. The Commission continues to maximize its existing for FY20.
resources by prioritizing cost-containment and efficiency.
 2019 Annual Report | 5

Fiscal Year 2019 Activity Overview

In fiscal year 2019, the Commission took a leading role in providing data and analysis
relating to the fairness and effectiveness of sentencing and improving recidivism outcomes,
with the goal of using federal resources efficiently and appropriately. The subsequent sections
of this report demonstrate the Commission’s commitment to these principles and to meeting
its statutory requirements:

• Conducting Research

• Collecting and Reporting Sentencing Data

• Sentencing Policy Development

• Training and Outreach

The Commission also has prioritized improving access to the Guidelines Manual, its
most widely used and essential work product. In fiscal year 2018, the Commission launched
a mobile application that enables users to conveniently access the Guidelines Manual on
a smartphone. This Guidelines App has been well received by practitioners and enhanced
features will be added in fiscal year 2020. Building on the success of the app, the Commission
unveiled the Guidelines Manual Annotated—an enhancement to the online version of the
Manual that provides the amendment history of each guideline provision. The product
provides more accessibility to and transparent understanding of the policy rationale and
sentencing data underlying each guideline provision. An increasing number of guideline
users have accessed the Guidelines Manual using this new online resource since its launch
in July 2019.

Fiscal Year 2019 Major Events and Product Releases

Revocations
Publication

Economic Crime
Publication

Recidivism & Violence Recidivism & Firearms

Publications Publications

Intra-City Differences 2018 Annual Report

& Sourcebook Annotated
Publication
Guidelines Launch

Federal Sentencing Basics FY18 Overview

Publication Sex Offenses Publication
Mand Min Publication
Podcast Miniseries:
§5G1.3
Podcast Miniseries: Podcast Miniseries:
Categorical Approach Emerging Technologies Research Notes
Publication
eLearning Course:
Illegal Reentry Judges National
Seminar Seminar
October November December January February March April May June July August September
6 | 2019 Annual Report

The Commission is in the process of Fiscal Year 2019 Publications

updating and transforming the Interactive
Sourcebook (ISB)—an online tool that
replicates and customizes the Commission’s November 2018
annual sentencing data. Launching in
Federal Sentencing: The Basics
mid-2020, the Interactive Data Analyzer
(IDA) will answer frequently asked data
questions and reflect the latest trends in data
visualization. The Commission believes IDA
January 2019
will be an online resource used for years to
come by judges, Congress, the Executive Mandatory Minimum Penalties for Sex Offenses
in the Federal Criminal Justice System
Branch, probation officers, lawyers, academia,
and the media.
January 2019

Conducting Research Intra-City Differences in Federal Sentencing

Practices

Research is a critical component of

the Commission’s overall mission. The
Commission’s research staff regularly January 2019

analyzes the current and prior fiscal years’ Recidivism Among Federal Violent Offenders

data to identify how courts sentence offenders

and use the guidelines. The Commission
routinely uses these analyses when considering
proposed changes to the guidelines. Similarly, January 2019
the Commission publishes many analyses and What Does Federal Economic Crime
data reports as a resource for policymakers Really Look Like?
and the criminal justice community.

In January of 2019, the Commission

released its sixth and final report in its series
January 2019

on federal mandatory minimum penalties Revocations Among Federal Offenders

titled Mandatory Minimum Penalties for

Federal Sex Offenses. Each of the reports
in this series provides the prevalence of
the mandatory minimum penalty studied, May 2019

how often offenders receive statutory relief 2018 Annual Report and
from the mandatory minimum penalty, the Sourcebook of Federal Sentencing Statistics
demographic breakdown of offenders affected,
and the impact the mandatory minimum
penalty has on sentences imposed and the June 2019

population of the Federal Bureau of Prisons. FY 2018 Overview of Federal Criminal Cases
The Commission believes these reports are
a valuable source of data and information
as Congress continues to assess the role of
mandatory minimum penalties in the federal June 2019
criminal justice system.
Recidivism Among Federal Firearms Offenders
 2019 Annual Report | 7

The Commission also continues to focus its research on recidivism, drawing upon
partnerships across the federal criminal justice system working to improve recidivism outcomes
and public safety. The Commission’s ongoing series examines U.S. citizen federal offenders
released from prison or placed on probation in calendar year 2005 and studies their recidivism
over an eight-year follow-up period. In fiscal year 2019, the Commission released two additional
reports in this series, Recidivism Among Federal Firearms Offenders and Recidivism Among
Federal Violent Offenders.

Building upon the Commission’s 2012 Booker Report, in January of 2019, the Commission
released Intra-City Differences in Federal Sentencing Practices, which examined demographic
differences in the sentencing practices of judges located within 30 large metropolitan areas
across the nation, representing judicial districts in every circuit except the D.C. Circuit. This
report evaluated variations in sentencing practices among judges within the same city, in other
words intra-city variations. The report found overall increasing differences in sentencing
practices among judges within the same cities, a consistent finding from the Commission’s
2012 Booker Report.

In January 2020, the Commission released Inter-District Differences in Federal Sentencing

Practices, which built upon the Intra-City report. This report studied sentencing practices across
districts, comparing each district’s sentencing practices to the average sentencing practices
of all districts in the analysis. Recognizing the potential impact of regional differences in
caseload, the analysis was conducted separately for each of the four major offense types—
fraud, drug trafficking, firearms, and immigration—and only includes those districts with a
minimum of 50 cases sentenced based on the relevant guideline during the period of being
sentenced. The report found that, consistent with the findings of the Commission’s 2012 Booker
Report, sentencing outcomes continue to depend at least in part upon the district in which the
defendant is sentenced.

The Commission also released important research in other areas. The report What
Does Federal Economic Crime Really Look Like? examined the wide range of economic crime
that accounts for approximately ten percent of the federal criminal caseload. Although these
offenses often are grouped under one sentencing guideline, the Commission’s report provided
data and analysis on 29 specific areas of economic crime. The Commission’s report Revocations
Among Federal Offenders provided information about offenders serving sentences of probation,
supervised release, special parole, and mandatory release. The report analyzed how often the
courts revoked theses sentences, and the impact of those revocations upon safety valve relief
and career offender status in later convictions.

Again in fiscal year 2019, the Commission continued to prioritize making its data and
research more easily accessible to Congress, the courts, the public, and the press. For example,
the Commission updated and expanded its Quick Facts series, which provides concise facts
about a single area of federal crime in an easy-to-read, two-page format. The Quick Facts
series includes overviews of offenses carrying mandatory minimum penalties, career offenders,
“white-collar” offenders, drug trafficking offenders by drug type, robbery offenders, and many
more. In 2019, the Commission added new releases in the series, discussing fentanyl trafficking,
child pornography, and sexual abuse cases.
8 | 2019 Annual Report

Collecting and Reporting Sentencing Data

To conduct the type of research outlined in the previous section, the Commission collects
data regarding every felony and class A misdemeanor offense sentenced each year. Sentencing
courts are statutorily required to submit five sentencing documents to the Commission
within 30 days of entry of judgment in a criminal case: (1) the charging document, (2) the
plea agreement, (3) the presentence investigation report, (4) the judgment and commitment
order, and (5) the statement of reasons form. The Commission analyzes these documents and
collects information of interest and importance to policymakers and the federal criminal justice
community.

The Commission received approximately 353,834 Approximately 353,000

documents for 76,538 individual original sentencings that sentencing-related documents
occurred in fiscal year 2019. Select highlights from fiscal were received and analyzed by
year 2019 data are outlined below: the Commission in FY19.

• In fiscal year 2019, the courts reported 76,538 felony and Class A misdemeanor cases to
the Commission. This represents an increase of 7,113 cases from the prior fiscal year,
and the second consecutive year with an increase.

• The race of federal offenders remained largely unchanged from prior years. In fiscal year
2019, 56.3 percent of all offenders were Hispanic, 20.2 percent were Black, 19.9 percent
were White, and 3.6 percent were of another race. Non-U.S. citizens accounted for 44.6
percent of all offenders.

• Immigration cases accounted for the largest single group of offenses in fiscal year 2019,
comprising 38.4 percent of all reported cases. Cases involving drugs, firearms, and fraud
were the next most common types of offenses after immigration cases. Together these
four types of offenses accounted for 84.4 percent of all cases reported to the Commission
in fiscal year 2019.

• Among drug cases, offenses involving methamphetamine were most common, accounting
for 42.2 percent of all drug cases.

• Drug sentences remained relatively stable across all drug types in fiscal year 2019. The
average length of imprisonment in methamphetamine cases was unchanged from fiscal
year 2018 at 95 months, as was the average sentence in crack cocaine cases (78 months),
but decreased in powder cocaine cases (from 73 to 70 months), and increased in heroin
cases (from 69 to 70 months). In fiscal year 2019, 65.0 percent of drug offenders were
convicted of an offense carrying a mandatory minimum penalty, compared to 58.0 percent
of drug offenders in fiscal year 2018.

• In fiscal year 2019, 75.0 percent of all offenders

received sentences under the Guidelines Manual,
in that the sentence was within the applicable 75% of all offenders
guidelines range, or was outside the applicable received sentences under the
guidelines range and the court cited a departure Guidelines Manual in FY19.
reason from the Guidelines Manual. Just over half
(51.4%) of all sentences were within the guidelines
range, compared to 51.0 percent in fiscal year 2018.
 2019 Annual Report | 9

The Commission makes its sentencing data available to the public in several ways.
Analyses of the data extracted from the sentencing documents are reported in the Annual
Report and Sourcebook of Federal Sentencing Statistics, which is available both in print and on
the Commission’s website, and Interactive Sourcebook of Federal Sentencing Statistics, which
allow users to create and customize tables and figures. The Commission also disseminates
on its website key aspects of this data on a quarterly basis and provides trend analyses of the
changes in federal sentencing practices over time.

As required by 28 U.S.C. § 994(g) and 18 U.S.C. § 4047, the Commission considers the
impact of guideline amendments on the federal prison population. Since fiscal year 2012, the
Commission has made its prison and sentencing impact analyses available to the public on its
website. The Commission is also often asked by Congress to complete prison and sentencing
impact assessments for proposed legislation. In addition, the Commission responds to more
general data requests from Congress on issues such as drugs, immigration, fraud, firearms and
sex offenses. It provides district, state-wide, and circuit data analyses to House and Senate
Judiciary Committee members and, on an as-requested basis, to other members of Congress.
The Commission also responds to requests for data analyses from federal judges, including
specific data requests relating to pending cases.

Sentencing Policy Development

Established by the Commission, the sentencing guidelines are core to the agency’s
mission. They provide federal judges with fair and consistent sentencing ranges to consult at
sentencing by:

• incorporating the purposes of sentencing (i.e., just punishment, deterrence, incapacitation,

and rehabilitation);

• providing certainty and fairness in meeting the purposes of sentencing by avoiding

unwarranted disparity among offenders with similar characteristics convicted of similar
criminal conduct, while permitting sufficient judicial flexibility to take into account
relevant aggravating and mitigating factors; and

• reflecting, to the extent practicable, advancement in the knowledge of human behavior as

it relates to the criminal justice process.

As noted earlier, throughout much of fiscal year 2019, the Commission operated with
only two voting commissioners—Chief Judge Danny C. Reeves and Senior Judge Charles R.
Breyer. As a result, the Commission lacked the minimum four affirmative votes required
to promulgate amendments to the federal sentencing guidelines. The Commission, however,
continued to work on several important policy priorities while it awaited appointment of at
least two new voting commissioners.

Chief among the Commission’s policy priorities was full implementation of the First Step
Act, the landmark bipartisan sentencing and prison reform legislation enacted at the end of
the 115th Congress. The First Step Act was consistent with several recommendations first set
forth in the Commission’s 2011 Report to the Congress: Mandatory Minimum Penalties in the
Federal Criminal Justice System, and further informed by numerous sentencing and prison
impact analyses requested by Members of Congress.
10 | 2019 Annual Report

While most of the First Step Act was directed at the Federal Bureau of Prisons and
the Attorney General, full implementation of the Act requires action by the Commission in
two important areas. First, a newly constituted Commission will need to amend the United
States Sentencing Commission Guidelines Manual at §1B1.13 to reflect the new authority for a
defendant to file a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A).

Second, the Commission will need to consider amending the Guidelines Manual to
respond to the broadened eligibility criteria for the statutory safety valve set forth in 18 U.S.C.
§ 3553(f), which relieves certain drug trafficking defendants from otherwise applicable drug
mandatory minimum penalties. The safety valve criteria are incorporated into the Guidelines
Manual in two ways, in the drug trafficking guideline at §2D1.1 and the guideline instructing
the court regarding the statutory safety valve at §5C1.2.

In the meantime, the Commission began collecting data on implementation of another

important section of the First Step Act, the retroactive application of the statutory reductions
in crack cocaine penalties previously enacted in the Fair Sentencing Act of 2010. The Fair
Sentencing Act increased the threshold for the 5- and 10-year mandatory minimum penalties
for crack cocaine offenses from 5 and 50 grams, respectively, to 28 and 280 grams. Although the
Commission made the guideline amendment implementing the Fair Sentencing Act reductions
retroactive in 2011, Congress did not make the statutory reductions retroactive until now.
Under the newly enacted law, the defendant, the Director of the Bureau of Prisons, the attorney
for the government, or the court itself may make a motion to retroactively apply the statutory
reductions for crack cocaine offenses provided in the Fair Sentencing Act of 2010.

In its most recent retroactivity report, First Step Act of 2018 (February 2020), the
Commission reported that 2,387 defendants were granted a reduced sentence as a result of
retroactive application of the Fair Sentencing Act, with their average sentences reduced by 71
months (26%) from 258 to 187 months.

In addition to the First Step Act, several published proposed amendments await action
by a newly constituted Commission. The most significant of these policy initiatives concerns
application of the categorical approach to the guideline definition of “crime of violence,” which
has overwhelmed the federal courts in litigation over whether an offense qualifies as such
under the guidelines.

After the Supreme Court’s decision in Johnson v. United States, the Commission published
an analysis of career offenders and made statutory recommendations in its 2016 Report to the
Congress: Career Offender Sentencing Enhancements and amended the guideline definition of
“crime of violence” to delete the residual clause and revise the list of enumerated offenses. The
Commission’s goal with the revision was to establish a more precise definition that would be
easier to apply and reduce litigation.

To some extent, this goal was achieved. However, the Department of Justice has raised
as pressing policy concerns to the Commission both discrete application issues, such as
ambiguities over the meaning of “robbery” and “extortion,” and broader concerns about the
“categorical approach” in its entirety. The complexities and odd results stemming at times from
the categorical approach is of particular concern given the risk to public safety posed by this
category of offenders. The Commission continues to study different approaches to simplify this
determination and to ensure more logical and uniform sentencing outcomes.
 2019 Annual Report | 11

Another top priority is the Commission’s ongoing examination of the overall structure
and operation of the guidelines post-United States v. Booker, the Supreme Court decision that
rendered the guidelines advisory in nature. In fiscal year 2018, the Commission reported on
persistent demographic disparities in sentencing, and in fiscal year 2019, the Commission
released its second in this series, Intra-City Differences in Federal Sentencing Practices. In this
report, the Commission analyzed the sentencing practices of federal district judges in 30 major
cities throughout the country to determine the extent of the judges’ variations in imposing
sentences in relation to their particular city’s average. In fiscal year 2020, the Commission
released the third report in the series, Inter-District Differences in Federal Sentencing Practices.
On the day of the report’s release, the Commission’s website received more than 1,300 visits to
the report’s landing page and more than 1,800 downloads of the report itself.

Training and Outreach

The Commission continues to fulfill its statutory duty to provide specialized seminars,
workshops, and training programs for judges, probation officers, law clerks, prosecutors and
defense attorneys on application of the guidelines and federal sentencing generally. In fiscal
year 2019, Commissioners and staff trained personnel from nearly all 94 federal districts, each
program specifically tailored to the needs of the particular audience.

The Commission also has initiated training exclusively for federal judges as they have
unique training needs. Approximately 100 judges attended the Commission’s 2019 annual
judges’ seminar in Chicago, Illinois, and similar participation is expected at its 2020 seminar
in Boston, Massachusetts. The Commission intends to meet the training needs of judges on
an annual basis.

Each year the Commission also holds a national training seminar for a broader array
of members of the federal criminal justice system. More than 850 federal probation officers,
prosecutors, defense attorneys, and judges attended its 2019
national training seminar in New Orleans, Louisiana, and
the Commission is planning a similarly sized 2020 national In FY19 approximately 100
seminar in Chicago, Illinois. federal judges attended the
judges seminar.
The Commission is increasingly relying on distance
and online learning in order to expand the reach of its
More than 850 professionals
training and contain costs. In fiscal year 2019, the
attended the national
Commission expanded significantly its podcast series on
seminar.
frequently recurring sentencing issues, including a ten-
episode miniseries on the categorical approach—one of the
most common requested training topics and a source of
extensive litigation. The Commission will continue to produce podcasts and update its glossary
and case law summaries in fiscal years 2020 and 2021.
12 | 2019 Annual Report

In fiscal year 2020, the Commission launched an interactive quarterly newsletter as another
means of providing sentencing training. The newsletter is available online and distributed
electronically to interested constituents. These updates contain guideline application pointers,
case law updates, and answers to frequently asked questions.

In addition to these newer resources, the Commission continues to staff a “Helpline”

that responds to dozens of questions each day from judges, practitioners, and probation officers
regarding proper guideline application.

Summary

The United States Sentencing Commission continues to fulfill its statutory

responsibilities, including evaluating the fairness and effectiveness of the sentencing guidelines,
advising Congress on federal sentencing policy, and serving as a clearinghouse of timely
sentencing research and data. Furthermore, the Commission is committed to providing this
current data and guidance to federal judges through training and online information resources.

The Commission’s efforts are calibrated to protect public safety and provide that the
statutory purposes of sentencing are achieved. The Commission will continue these efforts
going forward and is prioritizing ways to make the guidelines work better, thus promoting
efficiency and effectiveness and reducing unnecessary litigation.

Resources

• Case Law Concierge • Insider Express Newsletter

• Case Law Quarterly • Primers
• eLearning • Quick Facts
• Glossary of Sentencing Terms • Reports-At-A-Glance
• HelpLine • Sentencing Practice Talk Podcast
 2019 Annual Report | 13

Contact Us

@TheUSSCGov www.ussc.gov

United States Sentencing Commission [email protected]

14 | 2019 Annual Report
SOURCEBOOK OF FEDERAL
SENTENCING STATISTICS
16 | 2019 Sourcebook
 Table of Contents | 17

SOURCEBOOK
CONTENTS

Introduction 27

Individual Offender Sentencing Data

Circuit and District Statistics 33

Primary Offense and Offender Characteristics 41

Sentencing Information 55

Guideline Application 69

Sentences Under the Guidelines Manual and Variances 83

Federal Offenders by Type of Crime

Drug Offenses 107

Immigration Offenses 127

Firearms Offenses 139

Economic Offenses 151

Organizational Offender Sentencing Data 163

Sentencing Appeals 175

Resentencings and Other Modifications of Sentence 191

Appendix A 197

Descriptions of Datafiles and Variables

Appendix B 217

Selected National Sentencing Statistics

Selected Sentencing Statistics by District are available at:

https://www.ussc.gov/research/sourcebook-2019
18 | 2019 Sourcebook
 List of Figures and Tables | 19

SOURCEBOOK
FIGURES AND TABLES

Circuit and District Statistics

Figures Page
1 Federal Offenders in Each District 34
Tables
1 Federal Offenders in Each Circuit and District 35

2 Document Submission by Each Circuit and District 37

Primary Offense and Offender Characteristics

Figures Page
2 Federal Offenders by Type of Crime 45
3 Number of Federal Offenders Over Time 47
4 Non-Citizen Status of Federal Offenders by Type of Crime 53
Tables
3 Conviction Type in Each Circuit and District 42
4 Change in Number of Federal Offenders by Type of Crime 46
5 Race of Federal Offenders by Type of Crime 48
6 Gender of Federal Offenders by Type of Crime 49
7 Age of Federal Offenders by Type of Crime 50
8 Age, Race, and Gender of Federal Offenders 51
9 Citizenship of Federal Offenders by Type of Crime 52
10 Education of Federal Offenders by Type of Crime 54
20 | 2019 Sourcebook

Sentencing Information
Figures Page
5 Guilty Pleas and Trials by Type of Crime 60
6 Sentence Type for Federal Offenders 61
Tables
11 Guilty Pleas and Trials in Each Circuit and District 56
12 Guilty Pleas and Trials by Type of Crime 59
13 Sentence Type by Type of Crime 62
14 Sentence Type by Citizenship and Sentencing Zone 63
15 Sentence Imposed by Type of Crime 64
16 Fine and Restitution by Type of Crime 65
17 Amount of Fine and Restitution Ordered by Type of Crime 66
18 Supervised Release by Type of Crime 67
19 Rate of Non-Prison Sentences for U.S. Citizen Offenders 68

Guideline Application
Figures Page
7 Criminal History Category of Federal Offenders 75
Tables
20 Federal Offenders Sentenced Under Each Chapter Two 70
Guideline
21 Federal Offenders Receiving Chapter Three Guideline 72
Adjustments
22 Acceptance of Responsibility Reductions by Type of Crime 74
23 Criminal History Points of Federal Offenders 76
24 Federal Offenders in Each Offense Level and Criminal History 78
Category
25 Federal Offenders in Each Guideline Sentencing Range 79
26 Number of Career Offenders and Armed Career Criminals by 80
Type of Crime
27 Sentence Length in Each Criminal History Category by Type of 81
Crime
28 Length of Imprisonment by Criminal History Category and 82
Type of Crime
 List of Figures and Tables | 21

Sentences Under the Guidelines Manual and Variances

Figures Page
8 Sentences Under the Guidelines Manual and Variances Over 85
Time
9 Sentence Imposed Relative to the Guideline Range Over Time 86
Tables
29 Sentence Imposed Relative to the Guideline Range 84
30 Sentence Imposed Relative to the Guideline Range in Each 87
Circuit and District
31 Sentence Imposed Relative to the Guideline Range by Type of 90
Crime
32 Sentence Imposed Relative to the Guideline Range by Primary 91
Sentencing Guideline
33 Attribution Category for Sentences Outside of the Guideline 93
Range
34 Position of Within Guideline Range Sentences by Type of 95
Crime
35 Extent of Upward Departures by Type of Crime 96
36 Extent of Upward Variances by Type of Crime 97
37 Extent of §5K1.1 Substantial Assistance Departures by Type of 98
Crime
38 Extent of §5K3.1 Early Disposition Program Departures by 99
Type of Crime
39 Extent of Other Downward Departures by Type of Crime 100
40 Extent of Downward Variances by Type of Crime 101
41 Reasons Given by Sentencing Courts for Upward Departures 102
from the Guideline Range
42 Reasons Given by Sentencing Courts for Upward Variances 103
from the Guideline Range
43 Reasons Given by Sentencing Courts for Downward 104
Departures from the Guideline Range
44 Reasons Given by Sentencing Courts for Downward Variances 105
from the Guideline Range
22 | 2019 Sourcebook

Drug Offenses
Figures Page
D-1 Distribution of Primary Drug Type in Federal Drug Cases 108
D-2 Mandatory Minimums Penalties in Drug Trafficking Cases 122
D-3 Sentence Length of Drug Trafficking Offenders by Major Drug 124
Type
D-4 Number of Drug Trafficking Offenders by Major Drug Type 125
Over Time
D-5 Sentence Length of Drug Trafficking Offenders by Major Drug 126
Type Over Time
Tables
D-1 Primary Drug Type of Drug Trafficking Offenders 109
D-2 Race of Drug Trafficking Offenders 110
D-3 Gender of Drug Trafficking Offenders 111
D-4 Age of Drug Trafficking Offenders 112
D-5 Citizenship of Drug Trafficking Offenders 113
D-6 Education of Drug Trafficking Offenders 114
D-7 Criminal History Category of Drug Trafficking Offenders 115
D-8 Weapon Involvement of Drug Trafficking Offenders 116
D-9 Role Adjustment of Drug Trafficking Offenders 117
D-10 Drug Amounts (in Grams) for Selected Base Offense Levels 118
and Drug Types
D-11 Length of Mandatory Minimum Penalties in Drug Trafficking 119
Cases
D-12 Application of Recidivist Penalties in Drug Trafficking Cases 120
D-13 Drug Trafficking Offenders Receiving Safety Valve and 121
Mandatory Minimums Penalties
D-14 Sentence Imposed Relative to the Guideline Range for Drug 123
Trafficking Offenders
 List of Figures and Tables | 23

Immigration Offenses
Figures Page
I-1 Distribution of Immigration Offenders by Guideline 128
I-2 Number of Immigration Offenders Over Time 136
I-3 Sentence Length of Immigration Offenders Over Time 137
Tables
I-1 Race of Immigration Offenders 129
I-2 Gender of Immigration Offenders 130
I-3 Age of Immigration Offenders 131
I-4 Citizenship of Immigration Offenders 132
I-5 Criminal History Category and Citizenship of Immigration 133
Offenders
I-6 Education of Immigration Offenders 134
I-7 Sentence Imposed Relative to the Guideline Range for 135
Immigration Offenders

Firearms Offenses
Figures Page
F-1 Distribution of Firearms Offenders by Guideline 140
F-2 Firearm Mandatory Minimum Penalties 146
F-3 Convictions Under 18 U.S.C. § 924(c) 147
F-4 Number of Firearms Offenders Over Time 149
F-5 Sentence Length of Firearms Offenders Over Time 150
Tables
F-1 Race of Firearms Offenders 141
F-2 Gender of Firearms Offenders 142
F-3 Age of Firearms Offenders 143
F-4 Citizenship of Firearms Offenders 144
F-5 Education of Firearms Offenders 145
F-6 Sentence Imposed Relative to the Guideline Range for 148
Firearms Offenders
24 | 2019 Sourcebook

Economic Offenses
Figures Page
E-1 Distribution of Economic Offense Offenders by Guideline 152
E-2 Number of Offenders in Each §2B1.1 Loss Table Category 160
E-3 Number of Economic Offense Offenders Over Time 161
E-4 Sentence Length of Economic Offense Offenders Over Time 162
Tables
E-1 Race of Economic Offense Offenders 153
E-2 Gender of Economic Offense Offenders 154
E-3 Age of Economic Offense Offenders 155
E-4 Citizenship of Economic Offense Offenders 156
E-5 Education of Economic Offense Offenders 157
E-6 Loss Amount of Economic Offense Offenders 158
E-7 Sentence Imposed Relative to the Guideline Range for 159
Economic Offense Offenders

Organizational Offender Sentencing Data

Figures Page
O-1 Organizational Offenders by Type of Crime 164
O-2 Number of Organizational Offenders Over Time 165
O-3 Organizational Offenders by Ownership Structure 166
O-4 Organizational Offenders by Type of Business 167
O-5 Size of Organizational Offenders by Number of Employees 168
O-6 Application of Chapter Eight Fine Guidelines 171
O-7 Culpability Factors Applied to Determine Fines Imposed on 173
Organizational Offenders
Tables
O-1 Fine and Restitution for Organizational Offenders by Type of 169
Crime
O-2 Amount of Fine and Restitution Ordered for Organizational 170
Offenders by Type of Crime
O-3 Chapter Eight Sentencing Components in Organizational 172
Offenders
O-4 Culpability Factors for Organizational Offenders 174
 List of Figures and Tables | 25

Sentencing Appeals
Figures Page
A Type and Disposition of Appeals Cases 176
Tables
A-1 Type of Appeal in Each Circuit and District 177
A-2 Disposition of Offender Original Sentencing Appeals in Each 180
Circuit and District
A-3 Disposition of Government Original Sentencing Appeals in 183
Each Circuit and District
A-4 Guideline Forming the Basis for Reversal or Remand in 186
Offender Appeals of the Original Sentence
A-5 Guideline Forming the Basis for Reversal or Remand in 187
Government Appeals of the Original Sentence
A-6 Reasonableness Issues Appealed in Cases Where the Original 188
Sentence Was Reversed or Remanded
A-7 Offense and Offender Characteristics in Original Sentence 189
Appeals Cases
A-8 Sentence Length for Offenders in Original Sentence Appeals 190
Cases by Type of Crime

Resentencings and Other Modifications of Sentence

Figures Page
R Distribution of Offenders by Type of Resentencing or Other 192
Modification of Sentence
Tables
R Type of Resentencing or Other Modification of Sentence in 193
Each Circuit and District
26 | 2019 Sourcebook
INTRODUCTION
28 | 2019 Sourcebook

Introduction to the Sourcebook of Federal Sentencing

Statistics

This is the twenty-fourth edition of the United States Sentencing Commission’s

Sourcebook of Federal Sentencing Statistics. This Sourcebook contains descriptive statistics
on the application of the federal sentencing guidelines and provides selected district, circuit,
and national sentencing data. The volume covers fiscal year 2019 (October 1, 2018,
through September 30, 2019, hereinafter “2019”). This Sourcebook, together with the
2019 Annual Report, constitutes the annual report referenced in 28 U.S.C. § 997, as well as the
analysis, recommendations, and accounting to Congress referenced in 28 U.S.C. § 994(w)(3).
The Commission received documentation on 76,538 federal felony and Class A misdemeanor
cases involving individual offenders in fiscal year 2019.1 The Commission coded and edited
information from the sentencing documents in these cases into its comprehensive, computerized
data collection system.

The Commission first released sentencing data in its 1988 Annual Report and reported
this data annually until 1996. That year, the Commission compiled sentencing data into a new
publication, the Sourcebook of Federal Sentencing Statistics. In 2019, the Sourcebook edition
reporting fiscal year 2018 data was substantially revised and expanded. Existing tables were
revised to reflect current sentencing practices. Many figures were updated to make them easier
to understand and were presented in color while others were removed and the data on them
presented in new ways. Additional analyses regarding drug and immigration crimes were
added, and new sections on firearms and economic offenses were included. Trend analyses
were added to each of the major sections to show how sentencing patterns had changed over
the last ten years. The Organizational Offender section of the Sourcebook was also expanded.
Finally, Appendix B, which provides sentencing data for each judicial district, was completely
redesigned to reflect current sentencing practices.

Beginning with that 2018 Sourcebook, important methodological changes were made in
the way the data was presented. Principal among them was the way cases were assigned
to a “type of crime” (previously called offense type). Beginning with fiscal year 2018 data,
the guideline (or guidelines) that the court applied in determining the sentence determines
the crime type category to which a case is assigned. Also, the names of some of the crime
type categories were revised and some outdated categories were removed from the tables and
figures. Another important methodological change was that sentences were capped at 470
months for all analyses. Additionally, cases involving the production of child pornography were
reassigned to the sexual abuse crime type. Previously, these cases were assigned to the child
pornography offense type in the Sourcebook.

Finally, beginning with the 2018 Sourcebook, the methodology used to analyze the
sentence imposed relative to the sentencing range for the case as determined under the
Commission’s Guidelines Manual was substantially revised. Sentences now are grouped into
two broad categories: Sentences Under the Guidelines Manual and Variances. The former
category comprises all cases in which the sentence imposed was within the applicable guideline
 Introduction | 29

range or, if outside the range, where the court cited one or more of the departure reasons in the
Guidelines Manual as a basis for the sentence. Variance cases are those in which the sentence
was outside the guideline range (either above or below) and where the court did not cite any
guideline reason for the sentence. Data for important subgroups within these two categories
are also reported.

Because of these methodological changes, direct comparisons between data for Sourcebooks
from fiscal year 2018 and later years cannot always be made to data reported in the Sourcebook
for years before fiscal year 2018.

Background
The Commission collects and analyzes data on federal sentences to support its various
activities. As authorized by Congress, the Commission’s numerous research responsibilities
include: (1) the establishment of a research and development program to serve as a clearinghouse
and information center for the collection, preparation, and dissemination of information on
federal sentencing practices; (2) the publication of data concerning the sentencing process;
(3) the systematic collection and dissemination of information concerning sentences actually
imposed and the relationship of such sentences to the factors set forth in section 3553(a) of
title 18, United States Code; and (4) the systematic collection and dissemination of information
regarding the effectiveness of sentences imposed.2

The Commission maintains a comprehensive, computerized data collection system which

forms the basis for its clearinghouse of federal sentencing information and which contributes to
the agency’s research mission.

Pursuant to 28 U.S.C. § 994(w), the chief judge of each district is required to ensure that,
within 30 days of entry of judgment in a criminal case, the sentencing court submits a report
of sentence to the Commission that includes: (1) the Judgment and Commitment Order, (2) the
written Statement of Reasons, (3) any plea agreement, (4) the indictment or other charging
document, (5) the Presentence Report, and (6) any other information the Commission requests.

Data from these documents are extracted and coded for input into various databases. It
should be noted that data collection is a dynamic rather than a static process. When research
questions arise, the Commission analyzes its existing data or, when necessary, adds information
to its data collection system.

In 2012, the Commission began making its datafiles available through the Commission’s
website.3 The Commission’s computerized datafiles, without individual identifiers, are also
available through the Inter-University Consortium for Political and Social Research at the
University of Michigan (ICPSR).4
30 | 2019 Sourcebook

Datafiles
For each case in its Offender Datafile, the Commission routinely collects case identifiers,
sentencing data, demographic variables, statutory information, the complete range of court
guideline decisions, and departure and variance information. In addition to its standard data
collection, the Commission often codes additional variables to study various distinct issues
(e.g., type of conduct in fraud offenses, criminal history).

The Commission’s 2019 Offender Datafile contains documentation on 76,538 felony and
Class A misdemeanor cases in which an individual offender was sentenced between October 1,
2018, and September 30, 2019. A “case” is defined as one sentencing event for an individual
offender.

The Organizational Datafile contains documentation on organizations sentenced pursuant

to Chapter Eight of the Guidelines Manual in 2019. The Commission collects available
data on organizational structure, size, and economic viability; offense of conviction; mode of
adjudication; sanctions imposed (including probation and court-ordered compliance and ethics
programs); and application of the sentencing guidelines. The Commission received information
on 118 organizations sentenced pursuant to Chapter Eight of the Guidelines Manual in fiscal
year 2019.

While the 2019 reporting year includes cases sentenced between October 1, 2018, and
September 30, 2019, it is important to note that the individual offender and organizational
data collected and analyzed in the 2019 Annual Report and the 2019 Sourcebook of Federal
Sentencing Statistics reflect cases for that fiscal year reported to the Commission (i.e.,
guidelines cases for which the courts forwarded appropriate documentation to the Commission)
by February 21, 2020.

The Appeals Datafile tracks appellate review of sentencing decisions. Information

captured in this module includes district, circuit, date of opinion, sentencing issues, and the
appellate court’s disposition. The Commission also tracks final opinions and orders, both
published and unpublished, in federal criminal appeals. In 2019, the Commission gathered
information on 6,830 cases decided by the courts of appeal. Cases involving co-appellants are
treated as separate appeals for statistical purposes.

The Commission implemented a data collection system to track resentencings and other
modifications of sentence in 2008. The information collected includes judicial district, reason
for resentencing, new sentence, and guideline application information, if available. Information
is collected on eight types of resentencings and other modifications of sentence. In 2019, the
Commission received documentation on 5,082 resentencings and other modifications of sentence.

The 2019 Annual Report and the 2019 Sourcebook of Federal Sentencing Statistics,
quarterly updates to federal sentencing data, and analyses of annual data in each federal
judicial district, circuit, and state are available on the Commission’s website at https://www.
ussc.gov/research.
 Introduction | 31

Endnotes
1 28 U.S.C. § 994(w); USSG §1B1.9.

2 28 U.S.C. §§ 995(a)(12) and (14) – (16).

3 The Commission’s datafiles can be found at https://www.ussc.gov/research/datafiles/commission-datafiles.

4 The Consortium’s website address is http://www.icpsr.umich.edu/icpsrweb/index.jsp.

32 | 2019 Sourcebook
CIRCUIT AND DISTRICT STATISTICS
 Figure 1
34

FEDERAL OFFENDERS IN EACH DISTRICT

|

Fiscal Year 2019

Less than 250 251-500 501-750 751-1,000 More than 1,000

2019 Sourcebook

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Circuit and District Statistics | 35

Table 1

FEDERAL OFFENDERS IN EACH CIRCUIT AND DISTRICT1

Fiscal Year 2019

CIRCUIT CIRCUIT
District N % District N %
TOTAL 76,538 100.0
FIFTH CIRCUIT 21,369 27.9
D.C. CIRCUIT 331 0.4 Louisiana
District of Columbia 331 0.4 Eastern 294 0.4
Middle 186 0.2
FIRST CIRCUIT 2,134 2.8 Western 381 0.5
Maine 162 0.2 Mississippi
Massachusetts 476 0.6 Northern 188 0.2
New Hampshire 196 0.3 Southern 456 0.6
Puerto Rico 1,165 1.5 Texas
Rhode Island 135 0.2 Eastern 724 0.9
Northern 1,556 2.0
SECOND CIRCUIT 3,564 4.7 Southern 7,815 10.2
Connecticut 349 0.5 Western 9,769 12.8
New York
Eastern 622 0.8 SIXTH CIRCUIT 5,321 7.0
Northern 392 0.5 Kentucky
Southern 1,515 2.0 Eastern 557 0.7
Western 520 0.7 Western 349 0.5
Vermont 166 0.2 Michigan
Eastern 879 1.1
THIRD CIRCUIT 2,343 3.1 Western 392 0.5
Delaware 122 0.2 Ohio
New Jersey 620 0.8 Northern 901 1.2
Pennsylvania Southern 562 0.7
Eastern 627 0.8 Tennessee
Middle 505 0.7 Eastern 751 1.0
Western 383 0.5 Middle 324 0.4
Virgin Islands 86 0.1 Western 606 0.8

FOURTH CIRCUIT 5,790 7.6 SEVENTH CIRCUIT 2,456 3.2

Maryland 777 1.0 Illinois
North Carolina Central 226 0.3
Eastern 876 1.1 Northern 655 0.9
Middle 490 0.6 Southern 286 0.4
Western 538 0.7 Indiana
South Carolina 1,058 1.4 Northern 360 0.5
Virginia Southern 472 0.6
Eastern 1,211 1.6 Wisconsin
Western 243 0.3 Eastern 269 0.4
West Virginia Western 188 0.2
Northern 282 0.4
Southern 315 0.4
36 | 2019 Sourcebook

Table 1 (cont.)

CIRCUIT CIRCUIT
District N % District N %
EIGHTH CIRCUIT 5,441 7.1 TENTH CIRCUIT 6,526 8.5
Arkansas Colorado 529 0.7
Eastern 564 0.7 Kansas 465 0.6
Western 258 0.3 New Mexico 3,951 5.2
Iowa Oklahoma
Northern 415 0.5 Eastern 101 0.1
Southern 493 0.6 Northern 217 0.3
Minnesota 382 0.5 Western 407 0.5
Missouri Utah 674 0.9
Eastern 1,192 1.6 Wyoming 182 0.2
Western 772 1.0
Nebraska 527 0.7 ELEVENTH CIRCUIT 6,478 8.5
North Dakota 329 0.4 Alabama
South Dakota 509 0.7 Middle 260 0.3
Northern 545 0.7
NINTH CIRCUIT 14,785 19.3 Southern 376 0.5
Alaska 193 0.3 Florida
Arizona 5,610 7.3 Middle 1,594 2.1
California Northern 309 0.4
Central 1,143 1.5 Southern 1,987 2.6
Eastern 511 0.7 Georgia
Northern 485 0.6 Middle 420 0.5
Southern 4,089 5.3 Northern 513 0.7
Guam 49 0.1 Southern 474 0.6
Hawaii 154 0.2
Idaho 372 0.5
Montana 385 0.5
Nevada 482 0.6
Northern Mariana Islands 11 0.0
Oregon 475 0.6
Washington
Eastern 360 0.5
Western 466 0.6

1
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Circuit and District Statistics | 37

Table 2

1
DOCUMENT SUBMISSION BY EACH CIRCUIT AND DISTRICT
Fiscal Year 2019

Total Statement Plea Agreement2 Indictment/ Presentence

Documents J&C of Reasons No Written Information Report
CIRCUIT Number Received Received Received Received Plea/Trial Received Received Waived
District of Cases N N N N N N N N
TOTAL 76,538 353,834 76,538 76,050 52,553 23,962 76,522 72,171 4,356

D.C. CIRCUIT 331 1,590 331 330 279 52 331 319 12

District of Columbia 331 1,590 331 330 279 52 331 319 12

FIRST CIRCUIT 2,134 9,880 2,134 2,133 1,388 746 2,134 2,091 43
Maine 162 730 162 162 82 80 162 162 0
Massachusetts 476 2,114 476 476 218 258 476 468 8
New Hampshire 196 969 196 196 185 11 196 196 0
Puerto Rico 1,165 5,422 1,165 1,164 798 367 1,165 1,130 35
Rhode Island 135 645 135 135 105 30 135 135 0

SECOND CIRCUIT 3,564 16,944 3,564 3,549 2,833 727 3,563 3,435 126
Connecticut 349 1,722 349 349 327 21 348 349 0
New York
Eastern 622 3,028 622 622 543 79 622 619 3
Northern 392 1,688 392 381 210 182 392 313 79
Southern 1,515 7,123 1,515 1,514 1,094 418 1,515 1,485 27
Western 520 2,572 520 518 501 19 520 513 7
Vermont 166 811 166 165 158 8 166 156 10

THIRD CIRCUIT 2,343 11,081 2,343 2,314 1,838 503 2,343 2,243 99
Delaware 122 602 122 122 114 8 122 122 0
New Jersey 620 2,990 620 613 523 97 620 614 6
Pennsylvania
Eastern 627 2,954 627 625 448 179 627 627 0
Middle 505 2,318 505 505 373 132 505 430 75
Western 383 1,822 383 382 309 72 383 365 18
Virgin Islands 86 395 86 67 71 15 86 85 0

FOURTH CIRCUIT 5,790 26,483 5,790 5,707 4,002 1,785 5,787 5,197 590
Maryland 777 3,732 777 761 695 82 777 722 54
North Carolina
Eastern 876 3,904 876 820 531 343 874 803 71
Middle 490 2,436 490 490 477 13 490 489 1
Western 538 2,538 538 538 386 152 538 538 0
South Carolina 1,058 4,806 1,058 1,057 585 473 1,058 1,048 10
Virginia
Eastern 1,211 5,070 1,211 1,201 650 560 1,211 797 414
Western 243 1,126 243 243 188 55 243 209 34
West Virginia
Northern 282 1,381 282 282 255 27 282 280 2
Southern 315 1,490 315 315 235 80 314 311 4
38 | 2019 Sourcebook

Table 2 (cont.)
2
Total Statement Plea Agreement Indictment/ Presentence
Documents J&C of Reasons No Written Information Report
CIRCUIT Number Received Received Received Received Plea/Trial Received Received Waived
District of Cases N N N N N N N N
FIFTH CIRCUIT 21,369 93,854 21,369 21,309 9,530 11,835 21,365 20,281 1,088
Louisiana
Eastern 294 1,334 294 287 199 95 294 260 34
Middle 186 848 186 182 112 74 186 182 4
Western 381 1,788 381 378 348 32 381 300 81
Mississippi
Northern 188 935 188 188 186 2 188 185 3
Southern 456 2,206 456 456 416 40 456 422 34
Texas
Eastern 724 3,594 724 724 698 26 724 724 0
Northern 1,556 7,271 1,556 1,556 1,052 504 1,556 1,551 5
Southern 7,815 34,462 7,815 7,814 4,010 3,803 7,814 7,009 806
Western 9,769 41,416 9,769 9,724 2,509 7,259 9,766 9,648 121

SIXTH CIRCUIT 5,321 25,138 5,321 5,288 4,035 1,284 5,321 5,173 148
Kentucky
Eastern 557 2,638 557 557 425 132 557 542 15
Western 349 1,653 349 348 304 45 349 303 46
Michigan
Eastern 879 4,162 879 879 655 223 879 870 9
Western 392 1,779 392 392 244 148 392 359 33
Ohio
Northern 901 4,172 901 901 572 328 901 897 4
Southern 562 2,768 562 560 529 33 562 555 7
Tennessee
Eastern 751 3,559 751 751 566 185 751 740 11
Middle 324 1,563 324 296 301 23 324 318 6
Western 606 2,844 606 604 439 167 606 589 17

SEVENTH CIRCUIT 2,456 11,824 2,456 2,449 2,043 413 2,455 2,421 35
Illinois
Central 226 1,043 226 225 142 84 226 224 2
Northern 655 3,188 655 654 592 63 654 633 22
Southern 286 1,280 286 286 140 146 286 282 4
Indiana
Northern 360 1,761 360 355 327 33 360 359 1
Southern 472 2,290 472 472 404 68 472 470 2
Wisconsin
Eastern 269 1,330 269 269 258 11 269 265 4
Western 188 932 188 188 180 8 188 188 0

EIGHTH CIRCUIT 5,441 26,115 5,441 5,382 4,436 1,002 5,439 5,417 23
Arkansas
Eastern 564 2,510 564 512 318 245 563 553 11
Western 258 1,285 258 258 254 4 258 257 1
Iowa
Northern 415 1,934 415 415 274 141 415 415 0
Southern 493 2,322 493 493 350 143 493 493 0
Minnesota 382 1,867 382 380 344 38 382 379 3
Missouri
Eastern 1,192 5,937 1,192 1,190 1,176 15 1,192 1,187 5
Western 772 3,630 772 770 544 228 772 772 0
Nebraska 527 2,517 527 527 409 118 527 527 0
North Dakota 329 1,604 329 328 291 37 328 328 0
South Dakota 509 2,509 509 509 476 33 509 506 3
 Circuit and District Statistics | 39

Table 2 (cont.)
2
Total Statement Plea Agreement Indictment/ Presentence
Documents J&C of Reasons No Written Information Report
CIRCUIT Number Received Received Received Received Plea/Trial Received Received Waived
District of Cases N N N N N N N N
NINTH CIRCUIT 14,785 71,002 14,785 14,697 13,714 1,070 14,785 13,021 1,763
Alaska 193 942 193 193 171 22 193 192 1
Arizona 5,610 27,373 5,610 5,530 5,408 202 5,610 5,215 394
California
Central 1,143 5,458 1,143 1,141 952 191 1,143 1,079 64
Eastern 511 2,495 511 510 453 57 511 510 1
Northern 485 2,330 485 483 400 85 485 477 8
Southern 4,089 19,222 4,089 4,088 3,974 115 4,089 2,982 1,107
Guam 49 238 49 49 42 7 49 49 0
Hawaii 154 694 154 154 88 66 154 144 10
Idaho 372 1,796 372 372 310 62 372 370 2
Montana 385 1,787 385 384 256 129 385 377 8
Nevada 482 2,307 482 482 393 89 482 468 14
Northern Mariana Islands 11 51 11 11 11 0 11 7 4
Oregon 475 2,353 475 475 462 13 475 466 9
Washington
Eastern 360 1,776 360 359 342 18 360 355 5
Western 466 2,180 466 466 452 14 466 330 136

TENTH CIRCUIT 6,526 29,818 6,526 6,521 3,895 2,629 6,522 6,354 170
Colorado 529 2,610 529 526 511 18 528 516 13
Kansas 465 2,257 465 465 428 37 465 434 31
New Mexico 3,951 17,437 3,951 3,950 1,650 2,299 3,948 3,938 11
Oklahoma
Eastern 101 449 101 101 45 56 101 101 0
Northern 217 1,035 217 217 168 49 217 216 1
Western 407 1,829 407 407 274 133 407 334 73
Utah 674 3,329 674 674 660 14 674 647 27
Wyoming 182 872 182 181 159 23 182 168 14

ELEVENTH CIRCUIT 6,478 30,105 6,478 6,371 4,560 1,916 6,477 6,219 259
Alabama
Middle 260 1,246 260 260 206 54 260 260 0
Northern 545 2,589 545 542 460 85 544 498 47
Southern 376 1,812 376 376 309 67 376 375 1
Florida
Middle 1,594 7,310 1,594 1,594 937 657 1,594 1,591 3
Northern 309 1,465 309 306 250 58 309 291 18
Southern 1,987 8,988 1,987 1,901 1,246 741 1,987 1,867 120
Georgia
Middle 420 1,892 420 409 257 163 420 386 34
Northern 513 2,500 513 509 470 42 513 495 18
Southern 474 2,303 474 474 425 49 474 456 18

1
Descriptions of variables used in this table are provided in Appendix A.

2
The numbers presented in this table regarding Plea Agreement submission exclude from the analysis six cases for which the Commission was unable to
determine definitively whether the defendant's guilty plea was entered pursuant to a written plea agreement.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

40 | 2019 Sourcebook
 PRIMARY OFFENSE AND
OFFENDER CHARACTERISTICS
42 | 2019 Sourcebook

Table 3

1
CONVICTION TYPE IN EACH CIRCUIT AND DISTRICT
Fiscal Year 2019
CLASS A
CIRCUIT FELONIES MISDEMEANORS
District TOTAL N % N %
TOTAL 75,108 72,416 96.4 2,692 3.6

D.C. CIRCUIT 325 315 96.9 10 3.1

District of Columbia 325 315 96.9 10 3.1

FIRST CIRCUIT 2,098 2,072 98.8 26 1.2

Maine 162 160 98.8 2 1.2
Massachusetts 469 461 98.3 8 1.7
New Hampshire 196 190 96.9 6 3.1
Puerto Rico 1,136 1,128 99.3 8 0.7
Rhode Island 135 133 98.5 2 1.5

SECOND CIRCUIT 3,482 3,400 97.6 82 2.4

Connecticut 349 347 99.4 2 0.6
New York
Eastern 621 613 98.7 8 1.3
Northern 336 315 93.8 21 6.3
Southern 1,492 1,462 98.0 30 2.0
Western 519 502 96.7 17 3.3
Vermont 165 161 97.6 4 2.4

THIRD CIRCUIT 2,265 2,203 97.3 62 2.7

Delaware 122 122 100.0 0 0.0
New Jersey 619 580 93.7 39 6.3
Pennsylvania
Eastern 627 622 99.2 5 0.8
Middle 445 436 98.0 9 2.0
Western 366 365 99.7 1 0.3
Virgin Islands 86 78 90.7 8 9.3

FOURTH CIRCUIT 5,647 5,192 91.9 455 8.1

Maryland 768 739 96.2 29 3.8
North Carolina
Eastern 872 787 90.3 85 9.7
Middle 490 483 98.6 7 1.4
Western 537 532 99.1 5 0.9
South Carolina 1,055 1,045 99.1 10 0.9
Virginia
Eastern 1,113 806 72.4 307 27.6
Western 216 213 98.6 3 1.4
West Virginia
Northern 282 278 98.6 4 1.4
Southern 314 309 98.4 5 1.6
 Primary Offense and Offender Characteristics | 43

Table 3 (cont.)
CLASS A
CIRCUIT FELONIES MISDEMEANORS
District TOTAL N % N %
FIFTH CIRCUIT 20,527 20,097 97.9 430 2.1
Louisiana
Eastern 265 257 97.0 8 3.0
Middle 186 180 96.8 6 3.2
Western 374 357 95.5 17 4.5
Mississippi
Northern 188 183 97.3 5 2.7
Southern 455 443 97.4 12 2.6
Texas
Eastern 724 720 99.4 4 0.6
Northern 1,555 1,533 98.6 22 1.4
Southern 7,043 7,020 99.7 23 0.3
Western 9,737 9,404 96.6 333 3.4

SIXTH CIRCUIT 5,256 5,080 96.7 176 3.3

Kentucky
Eastern 552 549 99.5 3 0.5
Western 348 292 83.9 56 16.1
Michigan
Eastern 868 844 97.2 24 2.8
Western 363 340 93.7 23 6.3
Ohio
Northern 900 896 99.6 4 0.4
Southern 561 541 96.4 20 3.6
Tennessee
Eastern 738 730 98.9 8 1.1
Middle 324 291 89.8 33 10.2
Western 602 597 99.2 5 0.8

SEVENTH CIRCUIT 2,447 2,406 98.3 41 1.7

Illinois
Central 225 223 99.1 2 0.9
Northern 655 628 95.9 27 4.1
Southern 283 281 99.3 2 0.7
Indiana
Northern 357 355 99.4 2 0.6
Southern 472 472 100.0 0 0.0
Wisconsin
Eastern 267 262 98.1 5 1.9
Western 188 185 98.4 3 1.6

EIGHTH CIRCUIT 5,434 5,222 96.1 212 3.9

Arkansas
Eastern 563 437 77.6 126 22.4
Western 258 252 97.7 6 2.3
Iowa
Northern 415 415 100.0 0 0.0
Southern 493 490 99.4 3 0.6
Minnesota 381 376 98.7 5 1.3
Missouri
Eastern 1,191 1,171 98.3 20 1.7
Western 772 768 99.5 4 0.5
Nebraska 527 511 97.0 16 3.0
North Dakota 328 322 98.2 6 1.8
South Dakota 506 480 94.9 26 5.1
44 | 2019 Sourcebook

Table 3 (cont.)
CLASS A
CIRCUIT FELONIES MISDEMEANORS
District TOTAL N % N %
NINTH CIRCUIT 14,718 13,978 95.0 740 5.0
Alaska 193 183 94.8 10 5.2
Arizona 5,600 5,186 92.6 414 7.4
California
Central 1,142 1,065 93.3 77 6.7
Eastern 511 507 99.2 4 0.8
Northern 481 465 96.7 16 3.3
Southern 4,054 4,027 99.3 27 0.7
Guam 49 46 93.9 3 6.1
Hawaii 154 142 92.2 12 7.8
Idaho 372 364 97.8 8 2.2
Montana 380 377 99.2 3 0.8
Nevada 476 462 97.1 14 2.9
Northern Mariana Islands 11 11 100.0 0 0.0
Oregon 470 455 96.8 15 3.2
Washington
Eastern 360 354 98.3 6 1.7
Western 465 334 71.8 131 28.2

TENTH CIRCUIT 6,511 6,299 96.7 212 3.3

Colorado 529 508 96.0 21 4.0
Kansas 465 422 90.8 43 9.2
New Mexico 3,943 3,926 99.6 17 0.4
Oklahoma
Eastern 100 97 97.0 3 3.0
Northern 217 207 95.4 10 4.6
Western 405 312 77.0 93 23.0
Utah 672 658 97.9 14 2.1
Wyoming 180 169 93.9 11 6.1

ELEVENTH CIRCUIT 6,398 6,152 96.2 246 3.8

Alabama
Middle 258 249 96.5 9 3.5
Northern 545 506 92.8 39 7.2
Southern 375 374 99.7 1 0.3
Florida
Middle 1,594 1,577 98.9 17 1.1
Northern 306 286 93.5 20 6.5
Southern 1,928 1,908 99.0 20 1.0
Georgia
Middle 411 330 80.3 81 19.7
Northern 507 495 97.6 12 2.4
Southern 474 427 90.1 47 9.9

1
Of the 76,538 cases, 1,430 were excluded due to missing information on type of conviction. Descriptions of variables used in this table are
provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Primary Offense and Offender Characteristics | 45

Figure 2

FEDERAL OFFENDERS BY TYPE OF CRIME1

Fiscal Year 2019

Drugs
26.6%

Immigration
38.4%

Firearms
11.1%

Child
Pornography
1.8%
Fraud/Theft/
Embezzlement Sexual Abuse
8.3% Robbery Other 1.5%
2.4% 8.3%
Money
Laundering
1.5%

1 This figure includes the 76,538 cases reported to the Commission. The Drugs category includes trafficking and simple
possession. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

46 | 2019 Sourcebook

Table 4

CHANGE IN NUMBER OF FEDERAL OFFENDERS BY TYPE OF CRIME1

Fiscal Years 2018 - 2019

Fiscal Year 2018 Fiscal Year 2019 Number

TYPE OF CRIME N % N % Change
TOTAL 69,425 100.0 76,538 100.0 7,113
Administration of Justice 730 1.1 698 0.9 -32
Antitrust 53 0.1 20 0.0 -33
Arson 55 0.1 68 0.1 13
Assault 692 1.0 787 1.0 95
Bribery/Corruption 317 0.5 341 0.4 24
Burglary/Trespass 41 0.1 64 0.1 23
Child Pornography 1,416 2.0 1,368 1.8 -48
Commercialized Vice 146 0.2 90 0.1 -56
Drug Possession 777 1.1 563 0.7 -214
Drug Trafficking 18,747 27.0 19,830 25.9 1,083
Environmental 203 0.3 179 0.2 -24
Extortion/Racketeering 288 0.4 185 0.2 -103
Firearms 7,512 10.8 8,481 11.1 969
Food and Drug 43 0.1 48 0.1 5
Forgery/Counter/Copyright 298 0.4 276 0.4 -22
Fraud/Theft/Embezzlement 6,620 9.5 6,390 8.3 -230
Immigration 23,883 34.4 29,354 38.4 5,471
Individual Rights 67 0.1 68 0.1 1
Kidnapping 106 0.2 96 0.1 -10
Manslaughter 61 0.1 74 0.1 13
Money Laundering 1,297 1.9 1,177 1.5 -120
Murder 318 0.5 373 0.5 55
National Defense 204 0.3 195 0.3 -9
Obscenity/Other Sex Offenses 384 0.6 393 0.5 9
Prison Offenses 568 0.8 628 0.8 60
Robbery 1,720 2.5 1,825 2.4 105
Sexual Abuse 1,067 1.5 1,165 1.5 98
Stalking/Harassing 213 0.3 223 0.3 10
Tax 577 0.8 547 0.7 -30
Other 1,022 1.5 1,032 1.3 10

1
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2018 - 2019 Datafiles, USSCFY18 - USSCFY19.

 Figure 3

NUMBER OF FEDERAL OFFENDERS OVER TIME1

Fiscal Years 2010 - 2019
Number of
Offenders
100,000

90,000 86,201
83,946 84,173
80,035
80,000 75,836 76,538
71,003
69,425
67,742 66,873
70,000

60,000

50,000

40,000

30,000

20,000

10,000

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Primary Offense and Offender Characteristics
|

1 Descriptions of variables used in this figure are provided in Appendix A.

47

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.

48 | 2019 Sourcebook

Table 5

RACE OF FEDERAL OFFENDERS BY TYPE OF CRIME1

Fiscal Year 2019

WHITE BLACK HISPANIC OTHER

TYPE OF CRIME TOTAL N % N % N % N %
TOTAL 75,729 15,033 19.9 15,326 20.2 42,620 56.3 2,750 3.6
Administration of Justice 686 197 28.7 152 22.2 243 35.4 94 13.7
Antitrust 20 12 60.0 0 0.0 2 10.0 6 30.0
Arson 67 22 32.8 23 34.3 12 17.9 10 14.9
Assault 775 126 16.3 192 24.8 147 19.0 310 40.0
Bribery/Corruption 340 125 36.8 103 30.3 79 23.2 33 9.7
Burglary/Trespass 64 17 26.6 14 21.9 9 14.1 24 37.5
Child Pornography 1,365 1,096 80.3 57 4.2 161 11.8 51 3.7
Commercialized Vice 90 18 20.0 44 48.9 18 20.0 10 11.1
Drug Possession 489 169 34.6 99 20.2 204 41.7 17 3.5
Drug Trafficking 19,797 4,983 25.2 5,419 27.4 8,768 44.3 627 3.2
Environmental 167 102 61.1 4 2.4 21 12.6 40 24.0
Extortion/Racketeering 184 76 41.3 59 32.1 36 19.6 13 7.1
Firearms 8,465 2,156 25.5 4,501 53.2 1,574 18.6 234 2.8
Food and Drug 47 36 76.6 1 2.1 6 12.8 4 8.5
Forgery/Counter/Copyright 273 131 48.0 97 35.5 30 11.0 15 5.5
Fraud/Theft/Embezzlement 6,323 2,611 41.3 1,750 27.7 1,553 24.6 409 6.5
Immigration 29,079 565 1.9 322 1.1 28,042 96.4 150 0.5
Individual Rights 66 27 40.9 17 25.8 15 22.7 7 10.6
Kidnapping 95 20 21.1 40 42.1 25 26.3 10 10.5
Manslaughter 74 9 12.2 6 8.1 2 2.7 57 77.0
Money Laundering 1,173 373 31.8 206 17.6 511 43.6 83 7.1
Murder 372 43 11.6 147 39.5 132 35.5 50 13.4
National Defense 194 50 25.8 16 8.2 114 58.8 14 7.2
Obscenity/Other Sex Offenses 393 174 44.3 88 22.4 56 14.2 75 19.1
Prison Offenses 611 142 23.2 270 44.2 165 27.0 34 5.6
Robbery 1,821 395 21.7 1,096 60.2 277 15.2 53 2.9
Sexual Abuse 1,164 622 53.4 202 17.4 160 13.7 180 15.5
Stalking/Harassing 221 122 55.2 36 16.3 21 9.5 42 19.0
Tax 546 266 48.7 166 30.4 68 12.5 46 8.4
Other 768 348 45.3 199 25.9 169 22.0 52 6.8

1
Of the 76,538 cases, 809 were excluded due to missing information on offender's race. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Primary Offense and Offender Characteristics | 49

Table 6

GENDER OF FEDERAL OFFENDERS BY TYPE OF CRIME1

Fiscal Year 2019

MALE FEMALE
TYPE OF CRIME TOTAL N % N %
TOTAL 76,427 67,037 87.7 9,390 12.3
Administration of Justice 698 496 71.1 202 28.9
Antitrust 20 19 95.0 1 5.0
Arson 68 60 88.2 8 11.8
Assault 784 706 90.1 78 9.9
Bribery/Corruption 341 260 76.2 81 23.8
Burglary/Trespass 64 54 84.4 10 15.6
Child Pornography 1,368 1,359 99.3 9 0.7
Commercialized Vice 90 71 78.9 19 21.1
Drug Possession 547 429 78.4 118 21.6
Drug Trafficking 19,830 16,503 83.2 3,327 16.8
Environmental 177 164 92.7 13 7.3
Extortion/Racketeering 185 162 87.6 23 12.4
Firearms 8,481 8,125 95.8 356 4.2
Food and Drug 48 33 68.8 15 31.3
Forgery/Counter/Copyright 276 216 78.3 60 21.7
Fraud/Theft/Embezzlement 6,385 4,442 69.6 1,943 30.4
Immigration 29,306 27,215 92.9 2,091 7.1
Individual Rights 68 48 70.6 20 29.4
Kidnapping 96 88 91.7 8 8.3
Manslaughter 74 62 83.8 12 16.2
Money Laundering 1,177 911 77.4 266 22.6
Murder 373 354 94.9 19 5.1
National Defense 195 164 84.1 31 15.9
Obscenity/Other Sex Offenses 393 387 98.5 6 1.5
Prison Offenses 628 575 91.6 53 8.4
Robbery 1,825 1,700 93.2 125 6.8
Sexual Abuse 1,165 1,096 94.1 69 5.9
Stalking/Harassing 223 208 93.3 15 6.7
Tax 547 377 68.9 170 31.1
Other 995 753 75.7 242 24.3

1
Of the 76,538 cases, 111 were excluded due to missing information on offender's gender. Descriptions of variables used in this table are provided
in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 50

Table 7
|

AGE OF FEDERAL OFFENDERS BY TYPE OF CRIME1

Fiscal Year 2019

Under 212 21 to 25 26 to 30 31 to 35 36 to 40 41 to 50 51 to 60 Over 60

TYPE OF CRIME TOTAL N % N % N % N % N % N % N % N % Mean Median
TOTAL 76,485 2,398 3.1 9,816 12.8 13,817 18.1 14,090 18.4 12,591 16.5 15,169 19.8 6,198 8.1 2,406 3.1 36 35
Administration of Justice 698 23 3.3 102 14.6 110 15.8 113 16.2 89 12.8 139 19.9 78 11.2 44 6.3 38 36
2019 Sourcebook

Antitrust 20 0 0.0 0 0.0 0 0.0 5 25.0 5 25.0 4 20.0 5 25.0 1 5.0 44 43

Arson 68 1 1.5 7 10.3 13 19.1 6 8.8 12 17.6 18 26.5 8 11.8 3 4.4 39 38
Assault 785 36 4.6 137 17.5 226 28.8 150 19.1 96 12.2 96 12.2 34 4.3 10 1.3 33 30
Bribery/Corruption 341 0 0.0 4 1.2 15 4.4 23 6.7 36 10.6 96 28.2 102 29.9 65 19.1 50 50
Burglary/Trespass 64 4 6.3 17 26.6 11 17.2 12 18.8 8 12.5 7 10.9 3 4.7 2 3.1 32 31
Child Pornography 1,368 16 1.2 104 7.6 178 13.0 243 17.8 198 14.5 282 20.6 204 14.9 143 10.5 42 39
Commercialized Vice 90 0 0.0 9 10.0 17 18.9 15 16.7 16 17.8 19 21.1 7 7.8 7 7.8 39 36
Drug Possession 561 68 12.1 120 21.4 109 19.4 76 13.5 59 10.5 84 15.0 35 6.2 10 1.8 32 29
Drug Trafficking 19,830 522 2.6 2,397 12.1 3,534 17.8 3,745 18.9 3,484 17.6 4,025 20.3 1,637 8.3 486 2.5 36 35
Environmental 174 6 3.4 5 2.9 15 8.6 23 13.2 21 12.1 36 20.7 31 17.8 37 21.3 46 46
Extortion/Racketeering 185 1 0.5 26 14.1 26 14.1 19 10.3 34 18.4 41 22.2 20 10.8 18 9.7 40 39
Firearms 8,481 230 2.7 1,389 16.4 2,070 24.4 1,732 20.4 1,381 16.3 1,168 13.8 391 4.6 120 1.4 34 32
Food and Drug 48 0 0.0 1 2.1 5 10.4 6 12.5 3 6.3 12 25.0 10 20.8 11 22.9 48 48
Forgery/Counter/Copyright 276 8 2.9 53 19.2 57 20.7 38 13.8 43 15.6 51 18.5 18 6.5 8 2.9 35 33
Fraud/Theft/Embezzlement 6,387 108 1.7 513 8.0 835 13.1 872 13.7 838 13.1 1,503 23.5 1,025 16.0 693 10.9 42 41
Immigration 29,350 1,133 3.9 3,797 12.9 5,237 17.8 5,801 19.8 5,180 17.6 6,128 20.9 1,765 6.0 309 1.1 35 34
Individual Rights 67 1 1.5 1 1.5 7 10.4 12 17.9 9 13.4 13 19.4 14 20.9 10 14.9 45 44
Kidnapping 96 4 4.2 16 16.7 16 16.7 23 24.0 13 13.5 16 16.7 5 5.2 3 3.1 35 34
Manslaughter 74 4 5.4 10 13.5 24 32.4 17 23.0 8 10.8 9 12.2 0 0.0 2 2.7 33 30
Money Laundering 1,177 12 1.0 93 7.9 150 12.7 197 16.7 185 15.7 288 24.5 165 14.0 87 7.4 41 39
Murder 373 8 2.1 78 20.9 93 24.9 54 14.5 61 16.4 52 13.9 20 5.4 7 1.9 33 31
National Defense 195 10 5.1 47 24.1 26 13.3 24 12.3 18 9.2 36 18.5 23 11.8 11 5.6 36 34
Obscenity/Other Sex Offenses 393 1 0.3 24 6.1 46 11.7 57 14.5 69 17.6 96 24.4 71 18.1 29 7.4 42 40
Prison Offenses 628 4 0.6 58 9.2 117 18.6 133 21.2 122 19.4 151 24.0 38 6.1 5 0.8 36 36
Robbery 1,825 124 6.8 423 23.2 420 23.0 241 13.2 227 12.4 216 11.8 131 7.2 43 2.4 33 30
Sexual Abuse 1,165 17 1.5 145 12.4 214 18.4 213 18.3 170 14.6 222 19.1 117 10.0 67 5.8 38 35
Stalking/Harassing 223 6 2.7 19 8.5 29 13.0 38 17.0 27 12.1 54 24.2 34 15.2 16 7.2 41 39
Tax 547 0 0.0 3 0.5 9 1.6 48 8.8 65 11.9 159 29.1 134 24.5 129 23.6 51 50
Other 996 51 5.1 218 21.9 208 20.9 154 15.5 114 11.4 148 14.9 73 7.3 30 3.0 34 31
1
Of the 76,538 cases, 53 were excluded due to missing information on offender's age. Descriptions of variables used in this table are provided in Appendix A.

2
Of the 2,398 offenders under 21, one involved an offender under the age of 18 at the time of sentencing.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Primary Offense and Offender Characteristics | 51

Table 8

AGE, RACE, AND GENDER OF FEDERAL OFFENDERS1

Fiscal Year 2019

AGE AND TOTAL WHITE BLACK HISPANIC OTHER

GENDER N % N % N % N % N %

Total 2,364 100.0 185 100.0 356 100.0 1,753 100.0 70 100.0
2
Under 21 Male 2,027 85.7 141 76.2 323 90.7 1,501 85.6 62 88.6
Female 337 14.3 44 23.8 33 9.3 252 14.4 8 11.4

Total 9,667 100.0 1,033 100.0 2,251 100.0 6,091 100.0 292 100.0
21 - 25
Male 8,444 87.3 803 77.7 2,051 91.1 5,343 87.7 247 84.6
Female 1,223 12.7 230 22.3 200 8.9 748 12.3 45 15.4

Total 13,662 100.0 1,936 100.0 3,357 100.0 7,872 100.0 497 100.0
26 - 30
Male 12,068 88.3 1,501 77.5 3,030 90.3 7,145 90.8 392 78.9
Female 1,594 11.7 435 22.5 327 9.7 727 9.2 105 21.1

Total 13,967 100.0 2,488 100.0 2,813 100.0 8,175 100.0 491 100.0
31 - 35
Male 12,395 88.7 1,958 78.7 2,550 90.7 7,486 91.6 401 81.7
Female 1,572 11.3 530 21.3 263 9.3 689 8.4 90 18.3

Total 12,484 100.0 2,493 100.0 2,486 100.0 7,110 100.0 395 100.0
36 - 40
Male 11,083 88.8 1,988 79.7 2,249 90.5 6,526 91.8 320 81.0
Female 1,401 11.2 505 20.3 237 9.5 584 8.2 75 19.0

Total 15,041 100.0 3,410 100.0 2,642 100.0 8,451 100.0 538 100.0
41 - 50
Male 13,162 87.5 2,726 79.9 2,336 88.4 7,677 90.8 423 78.6
Female 1,879 12.5 684 20.1 306 11.6 774 9.2 115 21.4

Total 6,160 100.0 2,229 100.0 1,049 100.0 2,585 100.0 297 100.0
51 - 60
Male 5,266 85.5 1,842 82.6 888 84.7 2,314 89.5 222 74.7
Female 894 14.5 387 17.4 161 15.3 271 10.5 75 25.3

Total 2,382 100.0 1,257 100.0 372 100.0 583 100.0 170 100.0
Over 60
Male 1,982 83.2 1,064 84.6 280 75.3 508 87.1 130 76.5
Female 400 16.8 193 15.4 92 24.7 75 12.9 40 23.5

1
Of the 76,538 cases, 811 were excluded due to one or more of the following reasons: missing information on offender's age (53), missing
information on offender's race (809), or information on offender's gender (111). Descriptions of variables used in this table are provided in
Appendix A.

2
Of the 2,364 offenders under 21, one involved an offender under the age of 18 at the time of sentencing.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

52 | 2019 Sourcebook

Table 9

CITIZENSHIP OF FEDERAL OFFENDERS BY TYPE OF CRIME1

Fiscal Year 2019

U.S. CITIZEN NON-U.S. CITIZEN

TYPE OF CRIME TOTAL N % N %
TOTAL 76,110 42,136 55.4 33,974 44.6
Administration of Justice 694 523 75.4 171 24.6
Antitrust 20 18 90.0 2 10.0
Arson 67 65 97.0 2 3.0
Assault 771 725 94.0 46 6.0
Bribery/Corruption 341 311 91.2 30 8.8
Burglary/Trespass 63 57 90.5 6 9.5
Child Pornography 1,368 1,317 96.3 51 3.7
Commercialized Vice 89 78 87.6 11 12.4
Drug Possession 507 368 72.6 139 27.4
Drug Trafficking 19,800 15,602 78.8 4,198 21.2
Environmental 160 135 84.4 25 15.6
Extortion/Racketeering 185 150 81.1 35 18.9
Firearms 8,477 8,083 95.4 394 4.6
Food and Drug 48 46 95.8 2 4.2
Forgery/Counter/Copyright 276 250 90.6 26 9.4
Fraud/Theft/Embezzlement 6,328 5,116 80.8 1,212 19.2
Immigration 29,338 2,563 8.7 26,775 91.3
Individual Rights 67 47 70.1 20 29.9
Kidnapping 96 89 92.7 7 7.3
Manslaughter 74 72 97.3 2 2.7
Money Laundering 1,172 824 70.3 348 29.7
Murder 373 312 83.6 61 16.4
National Defense 193 123 63.7 70 36.3
Obscenity/Other Sex Offenses 393 375 95.4 18 4.6
Prison Offenses 614 590 96.1 24 3.9
Robbery 1,825 1,761 96.5 64 3.5
Sexual Abuse 1,165 1,104 94.8 61 5.2
Stalking/Harassing 223 220 98.7 3 1.3
Tax 547 504 92.1 43 7.9
Other 836 708 84.7 128 15.3

1
Of the 76,538 cases, 428 were excluded due to missing information on offender's citizenship status. Descriptions of variables used in this table
are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Primary Offense and Offender Characteristics | 53

Figure 4

NON-CITIZEN STATUS OF FEDERAL OFFENDERS BY TYPE OF CRIME1

Fiscal Year 2019

Resident/Legal Alien Illegal Alien Alien Status Unknown Extradited Alien

TOTAL 7.1 90.1 0.9 2.0

Administration of Justice 38.0 59.1 1.2 1.8

Antitrust 50.0 50.0

Arson 100.0

Assault 17.4 80.4 2.2

Bribery/Corruption 50.0 30.0 6.7 13.3

Burglary/Trespass 66.7 33.3

Child Pornography 41.2 47.1 2.0 9.8

Commercialized Vice 54.5 45.5

Drug Possession 5.0 92.8 2.2

Drug Trafficking 26.0 63.8 5.4 4.8

Environmental 44.0 32.0 8.0 16.0

Extortion/Racketeering 31.4 51.4 11.4 5.7

Firearms 18.3 80.2 0.3 1.3

Food and Drug 100.0

Forgery/Counter/Copyright 50.0 46.2 3.8

Fraud/Theft/Embezzlement 34.1 59.0 2.2 4.7

Immigration 1.2 97.5 1.3

Individual Rights 90.0 10.0

Kidnapping 42.9 57.1

Manslaughter 50.0 50.0

Money Laundering 42.2 49.4 4.6 3.7

Murder 31.1 60.7 1.6 6.6

National Defense 50.0 38.6 5.7 5.7

Obscenity/Other Sex Offenses 11.1 88.9

Prison Offenses 8.3 70.8 20.8

Robbery 60.9 35.9 1.6 1.6

Sexual Abuse 39.3 59.0 1.6

Stalking/Harassing 66.7 33.3

Tax 65.1 25.6 2.3 7.0

Other 7.0 75.0 18.0

0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0%

1
Of the 76,538 cases, in 33,974 the offender was a non-citizen. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

54 | 2019 Sourcebook

Table 10

EDUCATION OF FEDERAL OFFENDERS BY TYPE OF CRIME1

Fiscal Year 2019

LESS THAN HIGH

HIGH SCHOOL SCHOOL SOME COLLEGE
GRADUATE GRADUATE COLLEGE GRADUATE
TYPE OF CRIME TOTAL N % N % N % N %
TOTAL 68,067 32,996 48.5 20,465 30.1 10,836 15.9 3,770 5.5
Administration of Justice 663 212 32.0 209 31.5 158 23.8 84 12.7
Antitrust 20 0 0.0 5 25.0 5 25.0 10 50.0
Arson 67 21 31.3 23 34.3 18 26.9 5 7.5
Assault 696 284 40.8 273 39.2 123 17.7 16 2.3
Bribery/Corruption 339 23 6.8 66 19.5 94 27.7 156 46.0
Burglary/Trespass 56 26 46.4 16 28.6 11 19.6 3 5.4
Child Pornography 1,366 131 9.6 472 34.6 506 37.0 257 18.8
Commercialized Vice 89 13 14.6 41 46.1 25 28.1 10 11.2
Drug Possession 155 34 21.9 66 42.6 38 24.5 17 11.0
Drug Trafficking 19,742 7,542 38.2 7,651 38.8 3,829 19.4 720 3.6
Environmental 130 21 16.2 39 30.0 37 28.5 33 25.4
Extortion/Racketeering 177 48 27.1 72 40.7 36 20.3 21 11.9
Firearms 8,436 3,131 37.1 3,797 45.0 1,334 15.8 174 2.1
Food and Drug 40 2 5.0 9 22.5 10 25.0 19 47.5
Forgery/Counter/Copyright 275 61 22.2 124 45.1 70 25.5 20 7.3
Fraud/Theft/Embezzlement 5,856 999 17.1 1,707 29.1 1,886 32.2 1,264 21.6
Immigration 23,002 18,516 80.5 3,297 14.3 976 4.2 213 0.9
Individual Rights 58 8 13.8 19 32.8 18 31.0 13 22.4
Kidnapping 95 35 36.8 41 43.2 17 17.9 2 2.1
Manslaughter 74 31 41.9 26 35.1 15 20.3 2 2.7
Money Laundering 1,165 295 25.3 339 29.1 317 27.2 214 18.4
Murder 367 176 48.0 129 35.1 54 14.7 8 2.2
National Defense 185 58 31.4 45 24.3 36 19.5 46 24.9
Obscenity/Other Sex Offenses 387 112 28.9 176 45.5 84 21.7 15 3.9
Prison Offenses 535 164 30.7 274 51.2 83 15.5 14 2.6
Robbery 1,821 616 33.8 819 45.0 345 18.9 41 2.3
Sexual Abuse 1,160 235 20.3 433 37.3 350 30.2 142 12.2
Stalking/Harassing 218 51 23.4 76 34.9 57 26.1 34 15.6
Tax 545 49 9.0 129 23.7 194 35.6 173 31.7
Other 348 102 29.3 92 26.4 110 31.6 44 12.6

1
Of the 76,538 cases, 8,471 were excluded due to missing education information. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

SENTENCING INFORMATION
56 | 2019 Sourcebook

Table 11

GUILTY PLEAS AND TRIALS IN EACH CIRCUIT AND DISTRICT1

Fiscal Year 2019

CIRCUIT PLEA TRIAL

District TOTAL N % N %
TOTAL 76,538 74,709 97.6 1,829 2.4

D.C. CIRCUIT 331 315 95.2 16 4.8

District of Columbia 331 315 95.2 16 4.8

FIRST CIRCUIT 2,134 2,061 96.6 73 3.4

Maine 162 156 96.3 6 3.7
Massachusetts 476 442 92.9 34 7.1
New Hampshire 196 193 98.5 3 1.5
Puerto Rico 1,165 1,137 97.6 28 2.4
Rhode Island 135 133 98.5 2 1.5

SECOND CIRCUIT 3,564 3,408 95.6 156 4.4

Connecticut 349 337 96.6 12 3.4
New York
Eastern 622 600 96.5 22 3.5
Northern 392 370 94.4 22 5.6
Southern 1,515 1,433 94.6 82 5.4
Western 520 505 97.1 15 2.9
Vermont 166 163 98.2 3 1.8

THIRD CIRCUIT 2,343 2,219 94.7 124 5.3

Delaware 122 117 95.9 5 4.1
New Jersey 620 598 96.5 22 3.5
Pennsylvania
Eastern 627 583 93.0 44 7.0
Middle 505 476 94.3 29 5.7
Western 383 372 97.1 11 2.9
Virgin Islands 86 73 84.9 13 15.1

FOURTH CIRCUIT 5,790 5,610 96.9 180 3.1

Maryland 777 737 94.9 40 5.1
North Carolina
Eastern 876 851 97.1 25 2.9
Middle 490 482 98.4 8 1.6
Western 538 521 96.8 17 3.2
South Carolina 1,058 1,034 97.7 24 2.3
Virginia
Eastern 1,211 1,173 96.9 38 3.1
Western 243 235 96.7 8 3.3
West Virginia
Northern 282 275 97.5 7 2.5
Southern 315 302 95.9 13 4.1
 Sentencing Information | 57

Table 11 (cont.)

CIRCUIT PLEA TRIAL

District TOTAL N % N %
FIFTH CIRCUIT 21,369 21,168 99.1 201 0.9
Louisiana
Eastern 294 283 96.3 11 3.7
Middle 186 174 93.5 12 6.5
Western 381 369 96.9 12 3.1
Mississippi
Northern 188 187 99.5 1 0.5
Southern 456 444 97.4 12 2.6
Texas
Eastern 724 710 98.1 14 1.9
Northern 1,556 1,518 97.6 38 2.4
Southern 7,815 7,756 99.2 59 0.8
Western 9,769 9,727 99.6 42 0.4

SIXTH CIRCUIT 5,321 5,108 96.0 213 4.0

Kentucky
Eastern 557 510 91.6 47 8.4
Western 349 338 96.8 11 3.2
Michigan
Eastern 879 843 95.9 36 4.1
Western 392 374 95.4 18 4.6
Ohio
Northern 901 860 95.4 41 4.6
Southern 562 553 98.4 9 1.6
Tennessee
Eastern 751 733 97.6 18 2.4
Middle 324 308 95.1 16 4.9
Western 606 589 97.2 17 2.8

SEVENTH CIRCUIT 2,456 2,364 96.3 92 3.7

Illinois
Central 226 215 95.1 11 4.9
Northern 655 621 94.8 34 5.2
Southern 286 279 97.6 7 2.4
Indiana
Northern 360 348 96.7 12 3.3
Southern 472 455 96.4 17 3.6
Wisconsin
Eastern 269 262 97.4 7 2.6
Western 188 184 97.9 4 2.1

EIGHTH CIRCUIT 5,441 5,278 97.0 163 3.0

Arkansas
Eastern 564 560 99.3 4 0.7
Western 258 257 99.6 1 0.4
Iowa
Northern 415 396 95.4 19 4.6
Southern 493 474 96.1 19 3.9
Minnesota 382 354 92.7 28 7.3
Missouri
Eastern 1,192 1,178 98.8 14 1.2
Western 772 748 96.9 24 3.1
Nebraska 527 515 97.7 12 2.3
North Dakota 329 318 96.7 11 3.3
South Dakota 509 478 93.9 31 6.1
58 | 2019 Sourcebook

Table 11 (cont.)

CIRCUIT PLEA TRIAL

District TOTAL N % N %
NINTH CIRCUIT 14,785 14,502 98.1 283 1.9
Alaska 193 186 96.4 7 3.6
Arizona 5,610 5,570 99.3 40 0.7
California
Central 1,143 1,071 93.7 72 6.3
Eastern 511 490 95.9 21 4.1
Northern 485 465 95.9 20 4.1
Southern 4,089 4,033 98.6 56 1.4
Guam 49 48 98.0 1 2.0
Hawaii 154 145 94.2 9 5.8
Idaho 372 364 97.8 8 2.2
Montana 385 373 96.9 12 3.1
Nevada 482 467 96.9 15 3.1
Northern Mariana Islands 11 11 100.0 0 0.0
Oregon 475 466 98.1 9 1.9
Washington
Eastern 360 355 98.6 5 1.4
Western 466 458 98.3 8 1.7

TENTH CIRCUIT 6,526 6,458 99.0 68 1.0

Colorado 529 511 96.6 18 3.4
Kansas 465 454 97.6 11 2.4
New Mexico 3,951 3,938 99.7 13 0.3
Oklahoma
Eastern 101 94 93.1 7 6.9
Northern 217 212 97.7 5 2.3
Western 407 401 98.5 6 1.5
Utah 674 670 99.4 4 0.6
Wyoming 182 178 97.8 4 2.2

ELEVENTH CIRCUIT 6,478 6,218 96.0 260 4.0

Alabama
Middle 260 249 95.8 11 4.2
Northern 545 528 96.9 17 3.1
Southern 376 365 97.1 11 2.9
Florida
Middle 1,594 1,517 95.2 77 4.8
Northern 309 292 94.5 17 5.5
Southern 1,987 1,902 95.7 85 4.3
Georgia
Middle 420 401 95.5 19 4.5
Northern 513 497 96.9 16 3.1
Southern 474 467 98.5 7 1.5

1
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentencing Information | 59

Table 12

GUILTY PLEAS AND TRIALS BY TYPE OF CRIME1

Fiscal Year 2019

PLEA TRIAL
TYPE OF CRIME TOTAL N % N %
TOTAL 76,538 74,709 97.6 1,829 2.4
Administration of Justice 698 660 94.6 38 5.4
Antitrust 20 20 100.0 0 0.0
Arson 68 58 85.3 10 14.7
Assault 787 733 93.1 54 6.9
Bribery/Corruption 341 307 90.0 34 10.0
Burglary/Trespass 64 62 96.9 2 3.1
Child Pornography 1,368 1,326 96.9 42 3.1
Commercialized Vice 90 82 91.1 8 8.9
Drug Possession 563 560 99.5 3 0.5
Drug Trafficking 19,830 19,335 97.5 495 2.5
Environmental 179 176 98.3 3 1.7
Extortion/Racketeering 185 179 96.8 6 3.2
Firearms 8,481 8,254 97.3 227 2.7
Food and Drug 48 47 97.9 1 2.1
Forgery/Counter/Copyright 276 275 99.6 1 0.4
Fraud/Theft/Embezzlement 6,390 6,093 95.4 297 4.6
Immigration 29,354 29,239 99.6 115 0.4
Individual Rights 68 61 89.7 7 10.3
Kidnapping 96 84 87.5 12 12.5
Manslaughter 74 70 94.6 4 5.4
Money Laundering 1,177 1,081 91.8 96 8.2
Murder 373 292 78.3 81 21.7
National Defense 195 189 96.9 6 3.1
Obscenity/Other Sex Offenses 393 390 99.2 3 0.8
Prison Offenses 628 617 98.2 11 1.8
Robbery 1,825 1,727 94.6 98 5.4
Sexual Abuse 1,165 1,057 90.7 108 9.3
Stalking/Harassing 223 207 92.8 16 7.2
Tax 547 513 93.8 34 6.2
Other 1,032 1,015 98.4 17 1.6

1
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

60 | 2019 Sourcebook

Figure 5

GUILTY PLEAS AND TRIALS BY TYPE OF CRIME1

Fiscal Year 2019

TOTAL 97.6 2.4

Murder 78.3 21.7

Arson 85.3 14.7

Kidnapping 87.5 12.5

Individual Rights 89.7 10.3

Bribery/Corruption 90.0 10.0

Sexual Abuse 90.7 9.3

Commercialized Vice 91.1 8.9

Money Laundering 91.8 8.2

Stalking/Harassing 92.8 7.2

Assault 93.1 6.9

Tax 93.8 6.2

Administration of Justice 94.6 5.4

Manslaughter 94.6 5.4

Robbery 94.6 5.4

Fraud/Theft/Embezzlement 95.4 4.6

Extortion/Racketeering 96.8 3.2

Burglary/Trespass 96.9 3.1

National Defense 96.9 3.1

Child Pornography 96.9 3.1

Firearms 97.3 2.7

Drug Trafficking 97.5 2.5

Food and Drug 97.9 2.1

Prison Offenses 98.2 1.8

Environmental 98.3 1.7

Other 98.4 1.6

Obscenity/Other Sex Offenses 99.2 0.8

Drug Possession 99.5 0.5

Immigration 99.6 0.4

Forgery/Counter/Copyright 99.6 0.4

Antitrust 100.0 0.0

0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0%

1
This figure includes the 76,538 cases reported to the Commission. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentencing Information | 61

Figure 6

SENTENCE TYPE FOR FEDERAL OFFENDERS1

Fiscal Year 2019

Prison Only
89.0%

Fine Only
0.5%
Probation Only
6.0%
Probation and Prison and
Alternatives Alternatives
1.7% 2.7%

1 This figure includes the 76,538 cases reported to the Commission. Alternatives include all cases in which offenders

received conditions of confinement as described in USSG §5C1.1. Descriptions of variables used in this figure are provided
in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 62

Table 13
|

SENTENCE TYPE BY TYPE OF CRIME1

Fiscal Year 2019

TOTAL TOTAL TOTAL

RECEIVING Prison and RECEIVING Probation and Probation RECEIVING
IMPRISONMENT Prison Only Alternatives2 PROBATION Alternatives2 Only FINE ONLY
TYPE OF CRIME TOTAL N % N % N % N % N % N % N %
TOTAL 76,538 70,231 91.8 68,138 89.0 2,093 2.7 5,888 7.7 1,330 1.7 4,558 6.0 419 0.5
2019 Sourcebook

Administration of Justice 698 504 72.2 459 65.8 45 6.4 194 27.8 37 5.3 157 22.5 0 0.0
Antitrust 20 17 85.0 17 85.0 0 0.0 3 15.0 3 15.0 0 0.0 0 0.0
Arson 68 66 97.1 62 91.2 4 5.9 2 2.9 0 0.0 2 2.9 0 0.0
Assault 787 687 87.3 633 80.4 54 6.9 93 11.8 6 0.8 87 11.1 7 0.9
Bribery/Corruption 341 250 73.3 231 67.7 19 5.6 85 24.9 35 10.3 50 14.7 6 1.8
Burglary/Trespass 64 56 87.5 46 71.9 10 15.6 7 10.9 1 1.6 6 9.4 1 1.6
Child Pornography 1,368 1,354 99.0 1,325 96.9 29 2.1 13 1.0 3 0.2 10 0.7 1 0.1
Commercialized Vice 90 75 83.3 72 80.0 3 3.3 14 15.6 6 6.7 8 8.9 1 1.1
Drug Possession 563 297 52.8 289 51.3 8 1.4 165 29.3 7 1.2 158 28.1 101 17.9
Drug Trafficking 19,830 19,099 96.3 18,458 93.1 641 3.2 729 3.7 208 1.0 521 2.6 2 0.0
Environmental 179 47 26.3 42 23.5 5 2.8 111 62.0 27 15.1 84 46.9 21 11.7
Extortion/Racketeering 185 151 81.6 140 75.7 11 5.9 34 18.4 6 3.2 28 15.1 0 0.0
Firearms 8,481 7,994 94.3 7,700 90.8 294 3.5 487 5.7 181 2.1 306 3.6 0 0.0
Food and Drug 48 13 27.1 13 27.1 0 0.0 35 72.9 2 4.2 33 68.8 0 0.0
Forgery/Counter/Copyright 276 212 76.8 198 71.7 14 5.1 64 23.2 29 10.5 35 12.7 0 0.0
Fraud/Theft/Embezzlement 6,390 4,738 74.1 4,384 68.6 354 5.5 1,573 24.6 381 6.0 1,192 18.7 79 1.2
Immigration 29,354 27,991 95.4 27,715 94.4 276 0.9 1,361 4.6 193 0.7 1,168 4.0 2 0.0
Individual Rights 68 37 54.4 35 51.5 2 2.9 24 35.3 4 5.9 20 29.4 7 10.3
Kidnapping 96 96 100.0 89 92.7 7 7.3 0 0.0 0 0.0 0 0.0 0 0.0
Manslaughter 74 71 95.9 66 89.2 5 6.8 3 4.1 0 0.0 3 4.1 0 0.0
Money Laundering 1,177 1,040 88.4 985 83.7 55 4.7 137 11.6 48 4.1 89 7.6 0 0.0
Murder 373 372 99.7 353 94.6 19 5.1 1 0.3 0 0.0 1 0.3 0 0.0
National Defense 195 170 87.2 160 82.1 10 5.1 23 11.8 5 2.6 18 9.2 2 1.0
Obscenity/Other Sex Offenses 393 374 95.2 337 85.8 37 9.4 18 4.6 6 1.5 12 3.1 1 0.3
Prison Offenses 628 607 96.7 586 93.3 21 3.3 21 3.3 7 1.1 14 2.2 0 0.0
Robbery 1,825 1,800 98.6 1,727 94.6 73 4.0 25 1.4 8 0.4 17 0.9 0 0.0
Sexual Abuse 1,165 1,158 99.4 1,125 96.6 33 2.8 7 0.6 3 0.3 4 0.3 0 0.0
Stalking/Harassing 223 204 91.5 187 83.9 17 7.6 19 8.5 5 2.2 14 6.3 0 0.0
Tax 547 351 64.2 320 58.5 31 5.7 192 35.1 71 13.0 121 22.1 4 0.7
Other 1,032 400 38.8 384 37.2 16 1.6 448 43.4 48 4.7 400 38.8 184 17.8
1
Descriptions of variables used in this table are provided in Appendix A.
2
Alternatives include all cases in which offenders received conditions of confinement as described in USSG §5C1.1.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table 14

1
SENTENCE TYPE BY CITIZENSHIP AND SENTENCING ZONE
Fiscal Year 2019

Prison and Probation and

2
Prison Only Alternatives Alternatives2 Probation Only Fine Only
TOTAL N % N % N % N % N %
Citizens 41,363 34,649 83.8 1,995 4.8 1,255 3.0 3,263 7.9 201 0.5
Zone A 2,298 672 29.2 27 1.2 76 3.3 1,340 58.3 183 8.0
Zone B 2,431 1,354 55.7 159 6.5 399 16.4 514 21.1 5 0.2
Zone C 2,642 1,457 55.1 387 14.6 309 11.7 483 18.3 6 0.2
Zone D 33,992 31,166 91.7 1,422 4.2 471 1.4 926 2.7 7 0.0

Non-Citizens 33,668 32,409 96.3 92 0.3 56 0.2 1,088 3.2 23 0.1

Zone A 10,857 10,038 92.5 6 0.1 4 0.0 790 7.3 19 0.2
Zone B 7,019 6,819 97.2 18 0.3 24 0.3 157 2.2 1 0.0
Zone C 3,241 3,140 96.9 24 0.7 11 0.3 64 2.0 2 0.1
Zone D 12,551 12,412 98.9 44 0.4 17 0.1 77 0.6 1 0.0

1
Of the 76,538 cases, 1,507 were excluded due to one or both of the following reasons: missing zone (1,156) or missing information on offender's citizenship status (428). The zones indicated above correspond
to the offense levels and Criminal History Categories established by the court and do not indicate the impact of mandatory minimums penalties or statutory maximums penalties constricting the sentence.
Descriptions of variables used in this table are provided in Appendix A.

2
Alternatives include all cases in which offenders received conditions of confinement as described in USSG §5C1.1.
Sentencing Information

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

|
63
 64 | 2019 Sourcebook

Table 15

SENTENCE IMPOSED BY TYPE OF CRIME1

Fiscal Year 2019
SENTENCE LENGTH2 LENGTH OF IMPRISONMENT3
Mean Median Mean Median
TYPE OF CRIME Months Months N Months Months N
TOTAL 42 18 76,538 46 21 70,231
Administration of Justice 12 8 698 16 12 504
Antitrust 6 4 20 6 4 17
Arson 76 60 68 78 60 66
Assault 64 36 787 73 41 687
Bribery/Corruption 22 12 341 29 18 250
Burglary/Trespass 16 14 64 17 15 56
Child Pornography 103 84 1,368 103 84 1,354
Commercialized Vice 24 20 90 28 21 75
Drug Possession 2 0 563 4 3 297
Drug Trafficking 76 60 19,830 79 60 19,099
Environmental 3 0 179 8 2 47
Extortion/Racketeering 32 27 185 38 33 151
Firearms 50 39 8,481 53 41 7,994
Food and Drug 9 0 48 32 24 13
Forgery/Counter/Copyright 15 12 276 18 14 212
Fraud/Theft/Embezzlement 21 12 6,390 28 21 4,738
Immigration 9 6 29,354 10 6 27,991
Individual Rights 29 3 68 52 27 37
Kidnapping 171 120 96 170 120 96
Manslaughter 70 60 74 73 63 71
Money Laundering 61 33 1,177 68 42 1,040
Murder 255 240 373 255 240 372
National Defense 42 24 195 48 27 170
Obscenity/Other Sex Offenses 20 18 393 21 18 374
Prison Offenses 11 8 628 11 8 607
Robbery 109 92 1,825 110 93 1,800
Sexual Abuse 205 180 1,165 206 180 1,158
Stalking/Harassing 29 24 223 31 24 204
Tax 16 12 547 23 18 351
Other 3 0 1,032 7 1 400
1
Sentences of 470 months or greater (including life) were included in the sentence average computations as 470 months. Descriptions of variables used in this
table are provided in Appendix A.
2
Sentences of probation only are included here as zero months of imprisonment. In addition, the information presented in this column includes conditions of
confinement as described in USSG §5C1.1.
3
Length of imprisonment does not include probation or any conditions of confinement as described in USSG §5C1.1.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table 16
1
FINE AND RESTITUTION BY TYPE OF CRIME
Fiscal Year 2019
NO FINE OR BOTH FINE &
RESTITUTION FINE ORDERED/ RESTITUTION RESTITUTION
ORDERED NO RESTITUTION ORDERED/NO FINE ORDERED
TYPE OF CRIME TOTAL N % N % N % N %
TOTAL 76,537 62,685 81.9 4,263 5.6 8,830 11.5 759 1.0
Administration of Justice 698 540 77.4 76 10.9 69 9.9 13 1.9
Antitrust 20 2 10.0 14 70.0 0 0.0 4 20.0
Arson 68 17 25.0 0 0.0 50 73.5 1 1.5
Assault 786 569 72.4 62 7.9 149 19.0 6 0.8
Bribery/Corruption 341 124 36.4 82 24.0 114 33.4 21 6.2
Burglary/Trespass 64 36 56.3 4 6.3 21 32.8 3 4.7
Child Pornography 1,368 590 43.1 47 3.4 692 50.6 39 2.9
Commercialized Vice 90 64 71.1 13 14.4 11 12.2 2 2.2
Drug Possession 563 350 62.2 211 37.5 1 0.2 1 0.2
Drug Trafficking 19,830 18,202 91.8 1,302 6.6 305 1.5 21 0.1
Environmental 179 52 29.1 76 42.5 38 21.2 13 7.3
Extortion/Racketeering 185 108 58.4 17 9.2 52 28.1 8 4.3
Firearms 8,481 7,616 89.8 585 6.9 270 3.2 10 0.1
Food and Drug 48 21 43.8 19 39.6 7 14.6 1 2.1
Forgery/Counter/Copyright 276 94 34.1 10 3.6 148 53.6 24 8.7
Fraud/Theft/Embezzlement 6,390 1,224 19.2 370 5.8 4,381 68.6 415 6.5
Immigration 29,354 28,915 98.5 406 1.4 32 0.1 1 0.0
Individual Rights 68 30 44.1 24 35.3 12 17.6 2 2.9
Kidnapping 96 59 61.5 1 1.0 35 36.5 1 1.0
Manslaughter 74 33 44.6 0 0.0 38 51.4 3 4.1
Money Laundering 1,177 764 64.9 149 12.7 242 20.6 22 1.9
Murder 373 264 70.8 7 1.9 98 26.3 4 1.1
National Defense 195 150 76.9 40 20.5 4 2.1 1 0.5
Obscenity/Other Sex Offenses 393 377 95.9 14 3.6 2 0.5 0 0.0
Prison Offenses 628 602 95.9 21 3.3 4 0.6 1 0.2
Robbery 1,825 539 29.5 25 1.4 1,234 67.6 27 1.5
Sexual Abuse 1,165 756 64.9 54 4.6 339 29.1 16 1.4
Stalking/Harassing 223 168 75.3 13 5.8 36 16.1 6 2.7
Tax 547 37 6.8 24 4.4 402 73.5 84 15.4
Other 1,032 382 37.0 597 57.8 44 4.3 9 0.9
1
Of the 76,538 cases, one was excluded due to missing information on type of economic sanction. Of the remaining cases, the court sentenced the offender to pay a fine or make restitution in 13,852 cases. Descriptions
of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Sentencing Information
|
65
 66

Table 17
|

AMOUNT OF FINE AND RESTITUTION ORDERED BY TYPE OF CRIME1

Fiscal Year 2019

FINE ORDERED RESTITUTION ORDERED2 FINE OR RESTITUTION ORDERED

TYPE OF CRIME N Mean Median Sum N Mean Median Sum N Mean Median Sum
TOTAL 4,077 $12,823 $1,000 $52,279,052 8,596 $899,520 $34,909 $7,732,272,449 12,269 $634,489 $10,000 $7,784,551,501
Administration of Justice 71 $14,475 $2,400 $1,027,743 69 $249,746 $13,845 $17,232,501 132 $138,335 $4,000 $18,260,244
2019 Sourcebook

Antitrust 18 $45,744 $21,500 $823,400 3 $166,667 $160,000 $500,000 18 $73,522 $21,500 $1,323,400
Arson 1 -- -- -- 44 $377,438 $139,635 $16,607,271 44 $377,461 $139,635 $16,608,271
Assault 58 $1,428 $500 $82,805 108 $28,705 $3,804 $3,100,153 162 $19,648 $2,500 $3,182,958
Bribery/Corruption 95 $40,497 $10,000 $3,847,215 121 $3,164,998 $220,833 $382,964,794 204 $1,896,137 $61,230 $386,812,009
Burglary/Trespass 3 $1,950 $600 $5,850 22 $8,437 $3,213 $185,621 25 $7,659 $2,653 $191,471
Child Pornography 77 $23,583 $5,000 $1,815,900 544 $19,820 $8,000 $10,781,808 590 $21,352 $8,000 $12,597,708
Commercialized Vice 13 $6,538 $5,500 $85,000 9 $83,492 $10,465 $751,424 21 $39,830 $5,500 $836,424
Drug Possession 212 $1,680 $500 $356,110 2 -- -- -- 213 $1,746 $500 $371,910
Drug Trafficking 1,098 $10,288 $1,500 $11,296,539 290 $59,065 $4,393 $17,128,926 1,371 $20,733 $1,500 $28,425,465
Environmental 81 $7,505 $5,000 $607,935 47 $270,045 $16,000 $12,692,107 119 $111,765 $5,400 $13,300,042
Extortion/Racketeering 21 $16,786 $10,000 $352,500 51 $367,633 $32,074 $18,749,282 70 $272,883 $10,000 $19,101,782
Firearms 461 $2,960 $1,500 $1,364,745 259 $23,088 $4,950 $5,979,837 713 $10,301 $1,500 $7,344,582
Food and Drug 20 $4,350 $2,500 $87,000 7 $107,756 $10,000 $754,294 27 $31,159 $5,000 $841,294
Forgery/Counter/Copyright 21 $13,395 $3,000 $281,300 162 $21,485 $2,000 $3,480,598 170 $22,129 $2,050 $3,761,898
Fraud/Theft/Embezzlement 554 $38,013 $2,500 $21,059,267 4,482 $1,361,643 $93,585 $6,102,885,093 4,838 $1,265,801 $78,443 $6,123,944,360
Immigration 255 $2,833 $1,000 $722,480 24 $88,894 $12,183 $2,133,466 278 $10,273 $1,000 $2,855,946
Individual Rights 24 $2,498 $1,200 $59,950 9 $240,255 $251,774 $2,162,294 33 $67,341 $2,000 $2,222,244
Kidnapping 2 -- -- -- 28 $136,240 $6,300 $3,814,724 29 $131,818 $6,300 $3,822,724
Manslaughter 1 -- -- -- 32 $11,986 $4,114 $383,547 33 $11,668 $4,042 $385,047
Money Laundering 143 $35,960 $5,500 $5,142,273 226 $2,373,493 $562,918 $536,409,372 357 $1,516,951 $150,314 $541,551,645
Murder 8 $9,309 $1,750 $74,473 76 $55,487 $10,767 $4,217,018 82 $52,335 $9,683 $4,291,491
National Defense 30 $5,705 $5,000 $171,150 5 $901,476 $755,281 $4,507,379 35 $133,672 $5,000 $4,678,529
Obscenity/Other Sex Offenses 8 $1,475 $1,000 $11,800 1 -- -- -- 9 $2,422 $1,000 $21,800
Prison Offenses 19 $880 $500 $16,725 4 $1,040 $1,040 $4,160 22 $949 $1,000 $20,885
Robbery 37 $2,448 $1,000 $90,578 1,201 $36,804 $4,570 $44,201,970 1,221 $36,276 $4,457 $44,292,548
Sexual Abuse 61 $15,006 $2,000 $915,350 225 $92,968 $10,500 $20,917,872 276 $79,106 $7,575 $21,833,222
Stalking/Harassing 15 $7,313 $5,000 $109,700 28 $64,193 $6,344 $1,797,414 41 $46,515 $5,500 $1,907,114
Tax 70 $19,321 $8,750 $1,352,500 466 $1,109,857 $241,520 $517,193,158 492 $1,053,955 $229,444 $518,545,658
Other 600 $847 $500 $508,264 51 $13,933 $558 $710,566 644 $1,893 $500 $1,218,830
1
Of the 76,538 cases, the court sentenced the offender to pay a fine or make restitution in 13,852 cases. The total number of cases used to calculate amounts of payment ordered (12,269) is less than the total number
of cases receiving fines and/or restitution (13,852) due to the exclusion of cases for which a fine and/or restitution was ordered, but the amount was not specified. Fine information includes either fines and/or the
cost of supervision. Descriptions of variables used in this table are provided in Appendix A.

2
In cases of joint and several restitution, the full amount of restitution is attributed to each offender, which may result in overinflation of the total amount of restitution reported for all offenders.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentencing Information | 67

Table 18

SUPERVISED RELEASE BY TYPE OF CRIME1

Fiscal Year 2019
LENGTH OF
NO SUPERVISED SUPERVISED SUPERVISED RELEASE 2
RELEASE ORDERED RELEASE ORDERED Mean Median
TYPE OF CRIME TOTAL N % N % Months Months
TOTAL 76,537 19,277 25.2 57,260 74.8 44 36
Administration of Justice 698 256 36.7 442 63.3 24 24
Antitrust 20 4 20.0 16 80.0 34 36
Arson 68 2 2.9 66 97.1 38 36
Assault 786 145 18.4 641 81.6 37 36
Bribery/Corruption 341 96 28.2 245 71.8 29 36
Burglary/Trespass 64 9 14.1 55 85.9 31 36
Child Pornography 1,368 14 1.0 1,354 99.0 194 120
Commercialized Vice 90 15 16.7 75 83.3 55 36
Drug Possession 563 504 89.5 59 10.5 12 12
Drug Trafficking 19,830 1,206 6.1 18,624 93.9 49 48
Environmental 179 150 83.8 29 16.2 21 24
Extortion/Racketeering 185 36 19.5 149 80.5 32 36
Firearms 8,481 585 6.9 7,896 93.1 36 36
Food and Drug 48 35 72.9 13 27.1 28 36
Forgery/Counter/Copyright 276 68 24.6 208 75.4 32 36
Fraud/Theft/Embezzlement 6,390 2,089 32.7 4,301 67.3 33 36
Immigration 29,354 12,430 42.3 16,924 57.7 24 24
Individual Rights 68 31 45.6 37 54.4 28 36
Kidnapping 96 1 1.0 95 99.0 51 60
Manslaughter 74 3 4.1 71 95.9 35 36
Money Laundering 1,177 181 15.4 996 84.6 41 36
Murder 373 14 3.8 359 96.2 57 60
National Defense 195 61 31.3 134 68.7 63 36
Obscenity/Other Sex Offenses 393 25 6.4 368 93.6 79 60
Prison Offenses 628 270 43.0 358 57.0 30 36
Robbery 1,825 34 1.9 1,791 98.1 42 36
Sexual Abuse 1,165 10 0.9 1,155 99.1 211 120
Stalking/Harassing 223 21 9.4 202 90.6 33 36
Tax 547 196 35.8 351 64.2 24 24
Other 1,032 786 76.2 246 23.8 19 12

1
Of the 76,538 cases, one was excluded due to missing or indeterminable supervised release information. Supervision sentences of 470 months or greater
(including life) were included in the supervised release average computations as 470 months. Descriptions of variables used in this table are provided in
Appendix A.

2
Length of Supervised Release includes only cases where supervised release was imposed. Of these, 11 were excluded from the length of supervised release
analysis due to missing information on the length of supervision.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

68 | 2019 Sourcebook

Table 19

RATE OF NON-PRISON SENTENCES FOR U.S. CITIZEN OFFENDERS1

Fiscal Year 2019

TOTAL RECEIVED NON-PRISON SENTENCE

TYPE OF CRIME ELIGIBLE N %
TOTAL 6,929 1,303 18.8
Administration of Justice 278 51 18.3
Antitrust 15 3 20.0
Arson 1 0 0.0
Assault 150 8 5.3
Bribery/Corruption 64 20 31.3
Burglary/Trespass 21 5 23.8
Child Pornography 0 0 --
Commercialized Vice 22 4 18.2
Drug Possession 321 13 4.0
Drug Trafficking 869 182 20.9
Environmental 101 23 22.8
Extortion/Racketeering 23 3 13.0
Firearms 571 155 27.1
Food and Drug 35 1 2.9
Forgery/Counter/Copyright 108 23 21.3
Fraud/Theft/Embezzlement 1,933 390 20.2
Immigration 1,094 259 23.7
Individual Rights 18 1 5.6
Kidnapping 0 0 --
Manslaughter 2 0 0.0
Money Laundering 103 30 29.1
Murder 0 0 --
National Defense 21 6 28.6
Obscenity/Other Sex Offenses 69 12 17.4
Prison Offenses 364 18 4.9
Robbery 2 1 50.0
Sexual Abuse 19 3 15.8
Stalking/Harassing 50 7 14.0
Tax 136 40 29.4
Other 539 45 8.3

1
Of the 76,538 cases, 42,136 involved United States citizens. In 6,929 of these, the offender was eligible for alternative conditions of
confinement as described in USSG §5C1.1, was not convicted of a Class A or Class B felony, and was not subject to any mandatory
minimum penalty at the time of sentencing. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

GUIDELINE APPLICATION
70 | 2019 Sourcebook

Table 20
1
FEDERAL OFFENDERS SENTENCED UNDER EACH CHAPTER TWO GUIDELINE
Fiscal Year 2019
As Primary As Any As Primary As Any
Guideline Guideline Guideline Guideline
Guideline N % N % Guideline N % N %
§2A1.1 260 0.4 286 0.4 §2D1.10 7 0.0 7 0.0
§2A1.2 45 0.1 59 0.1 §2D1.11 27 0.0 30 0.0
§2A1.3 27 0.0 27 0.0 §2D1.12 0 0.0 1 0.0
§2A1.4 47 0.1 47 0.1 §2D1.13 3 0.0 3 0.0
§2A1.5 46 0.1 82 0.1 §2D1.14 0 0.0 0 0.0
§2A2.1 169 0.2 245 0.3 §2D2.1 173 0.2 206 0.3
§2A2.2 413 0.6 507 0.6 §2D2.2 111 0.2 120 0.2
§2A2.3 111 0.2 147 0.2 §2D2.3 0 0.0 0 0.0
§2A2.4 206 0.3 230 0.3 §2D3.1 5 0.0 6 0.0
§2A3.1 137 0.2 149 0.2 §2D3.2 0 0.0 0 0.0
§2A3.2 40 0.1 50 0.1 §2D3.3 0 0.0 0 0.0
§2A3.3 6 0.0 8 0.0 §2D3.4 0 0.0 0 0.0
§2A3.4 44 0.1 78 0.1 §2D3.5 0 0.0 0 0.0
§2A3.5 360 0.5 377 0.5 §2E1.1 62 0.1 524 0.7
§2A4.1 93 0.1 120 0.2 §2E1.2 1 0.0 129 0.2
§2A4.2 1 0.0 1 0.0 §2E1.3 1 0.0 115 0.1
§2A5.1 0 0.0 0 0.0 §2E1.4 6 0.0 26 0.0
§2A5.2 27 0.0 28 0.0 §2E1.5 0 0.0 0 0.0
§2A5.3 0 0.0 1 0.0 §2E2.1 16 0.0 19 0.0
§2A6.1 137 0.2 153 0.2 §2E3.1 29 0.0 49 0.1
§2A6.2 80 0.1 89 0.1 §2E3.2 0 0.0 0 0.0
§2B1.1 5,707 7.9 6,221 7.8 §2E3.3 0 0.0 0 0.0
§2B1.2 0 0.0 0 0.0 §2E4.1 25 0.0 30 0.0
§2B1.3 0 0.0 0 0.0 §2E5.1 7 0.0 8 0.0
§2B1.4 35 0.0 35 0.0 §2E5.2 0 0.0 0 0.0
§2B1.5 12 0.0 13 0.0 §2E5.3 1 0.0 5 0.0
2
§2B1.6 141 0.2 -- -- §2E5.4 0 0.0 0 0.0
§2B2.1 48 0.1 64 0.1 §2E5.5 0 0.0 0 0.0
§2B2.2 0 0.0 0 0.0 §2E5.6 0 0.0 0 0.0
§2B2.3 9 0.0 10 0.0 §2F1.1 2 0.0 2 0.0
§2B3.1 1,805 2.5 1,987 2.5 §2F1.2 0 0.0 0 0.0
§2B3.2 45 0.1 83 0.1 §2G1.1 82 0.1 146 0.2
§2B3.3 11 0.0 12 0.0 §2G1.2 0 0.0 1 0.0
§2B4.1 78 0.1 88 0.1 §2G1.3 375 0.5 474 0.6
§2B5.1 229 0.3 244 0.3 §2G2.1 521 0.7 560 0.7
§2B5.2 0 0.0 0 0.0 §2G2.2 1,363 1.9 1,531 1.9
§2B5.3 47 0.1 48 0.1 §2G2.3 0 0.0 0 0.0
§2B5.4 0 0.0 0 0.0 §2G2.4 0 0.0 0 0.0
§2B6.1 1 0.0 1 0.0 §2G2.5 0 0.0 0 0.0
§2C1.1 245 0.3 269 0.3 §2G2.6 18 0.0 19 0.0
§2C1.2 7 0.0 10 0.0 §2G3.1 25 0.0 31 0.0
§2C1.3 7 0.0 9 0.0 §2G3.2 1 0.0 1 0.0
§2C1.4 0 0.0 0 0.0 §2H1.1 26 0.0 50 0.1
§2C1.5 0 0.0 0 0.0 §2H1.2 0 0.0 0 0.0
§2C1.6 0 0.0 0 0.0 §2H1.3 0 0.0 0 0.0
§2C1.7 0 0.0 0 0.0 §2H1.4 0 0.0 0 0.0
§2C1.8 2 0.0 2 0.0 §2H1.5 0 0.0 0 0.0
§2D1.1 19,463 27.1 20,636 26.0 §2H2.1 17 0.0 20 0.0
§2D1.2 281 0.4 284 0.4 §2H3.1 7 0.0 8 0.0
§2D1.3 0 0.0 0 0.0 §2H3.2 0 0.0 0 0.0
§2D1.4 0 0.0 0 0.0 §2H3.3 3 0.0 7 0.0
§2D1.5 2 0.0 9 0.0 §2H4.1 7 0.0 7 0.0
§2D1.6 0 0.0 189 0.2 §2H4.2 0 0.0 0 0.0
§2D1.7 1 0.0 2 0.0 §2J1.1 0 0.0 9 0.0
§2D1.8 12 0.0 62 0.1 §2J1.2 131 0.2 196 0.2
§2D1.9 0 0.0 0 0.0 §2J1.3 21 0.0 32 0.0
 Guideline Application | 71

Table 20 (cont.)
As Primary As Any As Primary As Any
Guideline Guideline Guideline Guideline
Guideline N % N % Guideline N % N %
§2J1.4 13 0.0 28 0.0 §2M6.1 6 0.0 7 0.0
§2J1.5 0 0.0 0 0.0 §2M6.2 0 0.0 0 0.0
§2J1.6 34 0.0 39 0.0 §2N1.1 11 0.0 11 0.0
§2J1.7 0 0.0 0 0.0 §2N1.2 0 0.0 0 0.0
§2J1.8 0 0.0 0 0.0 §2N1.3 1 0.0 1 0.0
§2J1.9 0 0.0 0 0.0 §2N2.1 28 0.0 91 0.1
§2K1.1 1 0.0 1 0.0 §2N3.1 0 0.0 1 0.0
§2K1.2 0 0.0 0 0.0 §2P1.1 298 0.4 314 0.4
§2K1.3 27 0.0 34 0.0 §2P1.2 250 0.3 286 0.4
§2K1.4 66 0.1 93 0.1 §2P1.3 0 0.0 0 0.0
§2K1.5 0 0.0 0 0.0 §2P1.4 0 0.0 0 0.0
§2K1.6 0 0.0 0 0.0 §2Q1.1 0 0.0 1 0.0
§2K1.7 0 0.0 0 0.0 §2Q1.2 31 0.0 32 0.0
§2K2.1 7,952 11.1 8,413 10.6 §2Q1.3 20 0.0 20 0.0
§2K2.2 0 0.0 0 0.0 §2Q1.4 0 0.0 0 0.0
§2K2.3 0 0.0 0 0.0 §2Q1.5 0 0.0 0 0.0
3
§2K2.4 413 0.6 -- -- §2Q1.6 0 0.0 1 0.0
§2K2.5 17 0.0 21 0.0 §2Q2.1 82 0.1 86 0.1
§2K2.6 0 0.0 3 0.0 §2Q2.2 0 0.0 0 0.0
§2K3.1 0 0.0 0 0.0 §2R1.1 20 0.0 20 0.0
§2K3.2 0 0.0 1 0.0 §2S1.1 990 1.4 1,030 1.3
§2L1.1 3,487 4.9 3,546 4.5 §2S1.2 0 0.0 0 0.0
§2L1.2 22,077 30.7 22,331 28.2 §2S1.3 177 0.2 187 0.2
§2L1.3 0 0.0 0 0.0 §2S1.4 0 0.0 0 0.0
§2L2.1 104 0.1 118 0.1 §2T1.1 328 0.5 413 0.5
§2L2.2 962 1.3 1,007 1.3 §2T1.2 0 0.0 0 0.0
§2L2.3 0 0.0 0 0.0 §2T1.3 0 0.0 0 0.0
§2L2.4 0 0.0 0 0.0 §2T1.4 166 0.2 170 0.2
§2L2.5 0 0.0 0 0.0 §2T1.5 0 0.0 0 0.0
§2M1.1 0 0.0 0 0.0 §2T1.6 40 0.1 43 0.1
§2M2.1 0 0.0 0 0.0 §2T1.7 0 0.0 0 0.0
§2M2.2 0 0.0 0 0.0 §2T1.8 1 0.0 1 0.0
§2M2.3 0 0.0 0 0.0 §2T1.9 2 0.0 41 0.1
§2M2.4 0 0.0 0 0.0 §2T2.1 3 0.0 5 0.0
§2M3.1 2 0.0 2 0.0 §2T2.2 2 0.0 2 0.0
§2M3.2 0 0.0 0 0.0 §2T3.1 3 0.0 19 0.0
§2M3.3 2 0.0 2 0.0 §2T3.2 0 0.0 0 0.0
§2M3.4 0 0.0 0 0.0 §2T4.1 0 0.0 0 0.0
§2M3.5 0 0.0 0 0.0 §2X1.1 16 0.0 2,617 3.3
§2M3.6 0 0.0 0 0.0 §2X2.1 0 0.0 24 0.0
§2M3.7 0 0.0 0 0.0 §2X3.1 88 0.1 109 0.1
§2M3.8 0 0.0 0 0.0 §2X4.1 268 0.4 271 0.3
§2M3.9 0 0.0 0 0.0 §2X5.1 0 0.0 70 0.1
§2M4.1 0 0.0 0 0.0 §2X5.2 214 0.3 217 0.3
§2M5.1 14 0.0 17 0.0 §2X6.1 1 0.0 1 0.0
§2M5.2 141 0.2 151 0.2 §2X7.1 1 0.0 1 0.0
§2M5.3 17 0.0 17 0.0 §2X7.2 0 0.0 0 0.0
Total number of guidelines applied: 79,250
Number of cases with at least one guideline applied: 71,886
1
Of the 76,538 cases, 4,652 were excluded due to missing guideline applied. The total for any guideline can exceed that for primary guideline because
several guidelines may be applied in a case, but only one primary guideline. For the 'As Any Guideline' section, each unique guideline is only counted
once in a case. Descriptions of variables used in this table are provided in Appendix A.
2
In these cases, the offender was convicted of violating 18 U.S.C. § 1028A (Aggravated Identity Theft) as the only count or counts of conviction.
The Guidelines Manual provides punishment for this type of offense under §2B1.6.
3
In these cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in
Relation to Certain Crimes) as the only count or counts of conviction. The Guidelines Manual provides punishment for this type of offense under
§2K2.4.
SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.
72 | 2019 Sourcebook

Table 21

FEDERAL OFFENDERS RECEIVING

CHAPTER THREE GUIDELINE ADJUSTMENTS1
Fiscal Year 2019

VICTIM-RELATED N %

Vulnerable Victim (§3A1.1)

Vulnerable victim involved 371 0.5
No vulnerable victim involved 70,080 99.4
Hate crime 18 0.0
Vulnerable victim involved and large number of victims 34 0.0
Vulnerable victim involved and hate crime 5 0.0
Vulnerable victim involved, hate crime, and large number of victims 0 0.0

Official Victim (§3A1.2)

Official victim involved 26 0.0
Offense against person or involved substantial risk of serious bodily injury 181 0.3
No official victim involved 70,301 99.7

Restraint of Victim (§3A1.3)

Offense involved restraint of victim 96 0.1
Offense did not involve restraint of victim 70,412 99.9

Terrorism (§3A1.4)
Offense involved a federal crime of terrorism 36 0.1
Offense did not involve a federal crime of terrorism 70,470 99.9
Offense committed before adjustment added to guidelines 2 0.0

Serious Human Rights Offense (§3A1.5)

Offender convicted of a serious human rights offense 0 0.0
Offender was not convicted of a serious human rights offense 70,458 99.9
Offense committed before adjustment added to guidelines 50 0.1

CHAPTER 3, PART A TOTAL 70,508 100.0

ROLE IN THE OFFENSE N %

Aggravating Role (§3B1.1)

Organizer or leader 900 1.3
Manager or supervisor 671 1.0
Lesser organizer, leader, manager, or supervisor 1,237 1.8
No aggravating role 67,700 96.0

Mitigating Role (§3B1.2)

Minimal participant 654 0.9
Less than minor role but not minimal 329 0.5
Minor participant 3,951 5.6
No mitigating role 65,574 93.0

Abuse of Position of Trust or Use of Special Skill (§3B1.3)

Offender abused position of trust or used special skill 1,410 2.0
Offender did not abuse position of trust or use special skill 69,098 98.0
 Guideline Application | 73

Table 21 (cont.)
Use of a Minor to Commit a Crime (§3B1.4)
Offender used a minor 248 0.4
Offender did not use a minor 70,258 99.6
Offense committed before adjustment added to guidelines 2 0.0

Use of Body Armor to Commit a Crime (§3B1.5)

Offender used body armor (+2) 4 0.0
Offender used body armor (+4) 6 0.0
Offender did not use body armor 70,482 100.0
Offense committed before adjustment added to guidelines 16 0.0

CHAPTER 3, PART B TOTAL 70,508 100.0

OBSTRUCTION N %

Obstruction of Justice (§3C1.1)2

Offender obstructed justice 1,328 1.9
Offender did not obstruct justice 69,180 98.1

Reckless Endangerment During Flight (§3C1.2)

Offense involved reckless endangerment during flight 727 1.0
Offense did not involve reckless endangerment during flight 69,781 99.0
Offense committed before adjustment added to guidelines 0 0.0

Commission of Offense While on Release (§3C1.3)

Offense involved commission of offense while on release 68 0.1
Offense did not involve commission of offense while on release 70,420 99.9
Offense committed before adjustment added to guidelines 20 0.0

False Registration of Domain Name (§3C1.4)

Offense involved false registration of domain name 1 0.0
Offense did not involve false registration of domain name 70,487 100.0
Offense committed before adjustment added to guidelines 20 0.0

CHAPTER 3, PART C TOTAL 70,508 100.0

ACCEPTANCE OF RESPONSIBILITY N %

Acceptance of Responsibility (§3E1.1)

Offender accepted responsibility (-3) 39,854 56.5
Offender accepted responsibility (-2) 28,085 39.8
Offender did not accept responsibility 2,598 3.7

CHAPTER 3, PART E TOTAL 70,537 100.0

1
Of the 76,538 cases, the Commission received complete guideline application information for 70,537 cases. Of these, 29 cases were excluded from
the calculations due to missing Chapter Three adjustment information on vulnerable victim, official victim, restraint of victim, terrorism, human rights,
aggravating role, mitigating role, abuse of position, use of minor, use of body armor, obstruction of justice, reckless endangerment, commission of
offense while on release, and false registration of domain name. Descriptions of each guideline adjustment can be found in USSG Chapter Three.

2
When an offender uses computer encryption during the commission of an offense or to avoid detection, it may result in the application of the
Obstruction of Justice adjustment. Eleven offenders used encryption or scrambling technology and of those, none received an enhancement
under §3C1.1.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 74 | 2019 Sourcebook

Table 22

ACCEPTANCE OF RESPONSIBILITY REDUCTIONS

1
BY TYPE OF CRIME
Fiscal Year 2019

NO ACCEPTANCE 2-LEVEL 3-LEVEL

ADJUSTMENT ADJUSTMENT ADJUSTMENT
TYPE OF CRIME TOTAL N % N % N %
TOTAL 70,537 2,598 3.7 28,085 39.8 39,854 56.5
Administration of Justice 669 52 7.8 441 65.9 176 26.3
Antitrust 20 0 0.0 13 65.0 7 35.0
Arson 66 10 15.2 3 4.5 53 80.3
Assault 691 72 10.4 114 16.5 505 73.1
Bribery/Corruption 328 35 10.7 53 16.2 240 73.2
Burglary/Trespass 57 4 7.0 33 57.9 20 35.1
Child Pornography 1,353 54 4.0 14 1.0 1,285 95.0
Commercialized Vice 89 10 11.2 36 40.4 43 48.3
Drug Possession 166 14 8.4 152 91.6 0 0.0
Drug Trafficking 19,449 753 3.9 1,581 8.1 17,115 88.0
Environmental 130 7 5.4 98 75.4 25 19.2
Extortion/Racketeering 172 8 4.7 28 16.3 136 79.1
Firearms 7,990 349 4.4 1,466 18.3 6,175 77.3
Food and Drug 40 1 2.5 29 72.5 10 25.0
Forgery/Counter/Copyright 274 15 5.5 202 73.7 57 20.8
Fraud/Theft/Embezzlement 5,686 422 7.4 2,497 43.9 2,767 48.7
Immigration 26,472 217 0.8 19,901 75.2 6,354 24.0
Individual Rights 58 8 13.8 26 44.8 24 41.4
Kidnapping 96 16 16.7 1 1.0 79 82.3
Manslaughter 73 4 5.5 4 5.5 65 89.0
Money Laundering 1,140 115 10.1 146 12.8 879 77.1
Murder 367 84 22.9 13 3.5 270 73.6
National Defense 181 7 3.9 25 13.8 149 82.3
Obscenity/Other Sex Offenses 384 4 1.0 181 47.1 199 51.8
Prison Offenses 492 14 2.8 469 95.3 9 1.8
Robbery 1,797 115 6.4 29 1.6 1,653 92.0
Sexual Abuse 1,149 122 10.6 38 3.3 989 86.1
Stalking/Harassing 214 19 8.9 54 25.2 141 65.9
Tax 541 46 8.5 99 18.3 396 73.2
Other 393 21 5.3 339 86.3 33 8.4

1
Of the 76,538 cases, the Commission received complete guideline application information for 70,537 cases. Descriptions of variables used in this table are
provided in Appendix A. The acceptance of responsibility adjustment can be found in USSG §3E1.1.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Guideline Application | 75

Figure 7

CRIMINAL HISTORY CATEGORY

OF FEDERAL OFFENDERS1
Fiscal Year 2019

Category VI
8.6%

Category V
5.5%

Category IV
9.3%

Category I
45.7%

Category III
16.2%

Category II
14.6%

1 Of the 76,538 cases, 729 were excluded due to missing Criminal History Category. Descriptions of variables used in this
figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

76 | 2019 Sourcebook

Table 23

CRIMINAL HISTORY POINTS OF FEDERAL OFFENDERS1

Fiscal Year 2019

Number of Prior Countable Sentences

Greater Than 13 Months (§4A1.1(a)) (3-Point Offenses) N %
0 48,257 68.4
1 11,018 15.6
2 5,922 8.4
3 or more 5,340 7.6
TOTAL 70,537 100.0

Number of Prior Countable Sentences

of 60 Days or Greater (§4A1.1(b)) (2-Point Offenses) N %
0 50,752 72.0
1 11,424 16.2
2 4,856 6.9
3 or more 3,505 5.0
TOTAL 70,537 100.0

Number of Prior Countable Sentences

of Less Than 60 Days (§4A1.1(c)) (1-Point Offenses) N %
0 38,416 54.5
1 17,484 24.8
2 7,328 10.4
3 or more 7,309 10.4
TOTAL 70,537 100.0

Commission of Offense While Under

Criminal Justice Sentence (§4A1.1(d)) N %
Additional points given for commission of instant offense while under
16,864 23.9
criminal justice sentence
No additional criminal history points given 53,673 76.1
TOTAL 70,537 100.0

Commission of a Prior Crime of Violence

Not Receiving Points Under (a), (b), or (c) (§4A1.1(e)) N %
Additional points given for prior sentences resulting from a crime of
515 0.7
violence that did not receive any points under (a), (b), or (c)
No additional criminal history points given 70,022 99.3
TOTAL 70,537 100.0
 Guideline Application | 77

Table 23 (cont.)

Total Criminal History Points N %

0 23,673 33.6
1 7,666 10.9
2 3,994 5.7
3 6,363 9.0
4 4,006 5.7
5 4,015 5.7
6 3,863 5.5
7 2,398 3.4
8 2,724 3.9
9 2,102 3.0
10 1,515 2.1
11 1,621 2.3
12 1,322 1.9
13 or more 5,275 7.5
TOTAL 70,537 100.0

Career Offender (§4B1.1) N %

Offender found to be career offender 1,737 2.5
Offender found not to be career offender 68,800 97.5
TOTAL 70,537 100.0

Criminal Livelihood (§4B1.3) N %

Offender found to have engaged in criminal livelihood 4 0.0
Offender found not to have engaged in criminal livelihood 70,533 100.0
TOTAL 70,537 100.0

Armed Career Criminal (§4B1.4) N %

Offender found to be armed career criminal 315 0.4
Offender found not to be armed career criminal 70,222 99.6
Offense committed before adjustment was added to guidelines 0 0.0
TOTAL 70,537 100.0

Repeat and Dangerous Sex Offender Against Minors (§4B1.5) N %

Offender found to be a repeat and dangerous sex offender against minors 487 0.7
Offender found not to be a repeat and dangerous sex offender against
70,038 99.3
minors
Offense committed before adjustment was added to guidelines 12 0.0
TOTAL 70,537 100.0

1
Of the 76,538 cases, the Commission received complete guideline application information for 70,537 cases. Descriptions of each guideline
adjustment can be found in USSG Chapter Four.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

78 | 2019 Sourcebook

Table 24
1
FEDERAL OFFENDERS IN EACH OFFENSE LEVEL AND CRIMINAL HISTORY CATEGORY
Fiscal Year 2019

TOTAL CRIMINAL HISTORY CATEGORY

OFFENSE Cumulative
LEVEL N % % I II III IV V VI
1 4 0.0 0.0 2 0 0 1 0 1
2 405 0.5 0.5 315 25 35 12 4 14
3 30 0.0 0.6 19 2 4 2 1 2
4 1,822 2.4 3.0 1,245 134 214 98 67 64
5 116 0.2 3.2 70 5 8 11 9 13
6 12,770 16.9 20.1 10,141 1,791 647 118 33 40
7 519 0.7 20.8 180 36 84 60 58 101
8 2,797 3.7 24.5 992 919 605 186 59 36
9 318 0.4 24.9 167 39 55 23 18 16
10 8,293 11.0 35.9 2,168 2,212 2,291 932 392 298
11 583 0.8 36.7 253 49 82 55 61 83
12 3,498 4.6 41.3 1,276 552 682 440 246 302
13 5,211 6.9 48.2 1,334 960 1,416 773 380 348
14 553 0.7 49.0 286 67 76 52 23 49
15 3,647 4.8 53.8 1,321 569 806 444 252 255
16 738 1.0 54.8 431 68 114 52 24 49
17 3,513 4.7 59.5 1,103 308 686 599 391 426
18 648 0.9 60.3 398 61 87 48 20 34
19 2,829 3.8 64.1 1,193 262 458 386 261 269
20 638 0.8 64.9 355 67 90 62 27 37
21 3,494 4.6 69.6 1,031 451 645 525 361 481
22 718 1.0 70.5 395 64 96 61 46 56
23 3,000 4.0 74.5 1,343 278 455 375 265 284
24 805 1.1 75.6 480 71 108 51 45 50
25 2,156 2.9 78.4 1,006 254 280 234 164 218
26 883 1.2 79.6 499 79 129 81 36 59
27 2,944 3.9 83.5 1,493 326 395 296 196 238
28 655 0.9 84.4 357 68 100 51 40 39
29 2,611 3.5 87.8 731 321 415 239 155 750
30 750 1.0 88.8 350 66 70 78 58 128
31 1,989 2.6 91.5 535 229 271 175 99 680
32 425 0.6 92.0 205 43 51 38 21 67
33 1,422 1.9 93.9 727 176 197 113 92 117
34 934 1.2 95.2 330 47 57 31 19 450
35 1,077 1.4 96.6 511 131 158 84 64 129
36 232 0.3 96.9 117 28 27 17 15 28
37 665 0.9 97.8 293 102 89 48 35 98
38 208 0.3 98.0 113 30 23 15 10 17
39 271 0.4 98.4 128 38 28 30 23 24
40 276 0.4 98.8 146 26 35 26 12 31
41 160 0.2 99.0 76 20 20 16 12 16
42 146 0.2 99.2 82 15 23 6 6 14
43 618 0.8 100.0 330 50 67 48 40 83
TOTAL 75,371 -- -- 34,527 11,039 12,179 6,992 4,140 6,494
% 100.0 100.0 45.8 14.6 16.2 9.3 5.5 8.6
1
Of the 76,538 cases, 1,167 were excluded due to one or both of the following reasons: missing offense level (1,162) or missing Criminal History
Category (729). Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Guideline Application | 79

Table 25

FEDERAL OFFENDERS IN EACH GUIDELINE SENTENCING RANGE1

Fiscal Year 2019

FINAL GUIDELINE RANGE Cumulative

(in months) N % %
0-6 13,408 17.8 17.8
1-7 1,814 2.4 20.2
2-8 782 1.0 21.2
3-9 2 0.0 21.2
4-10 1,248 1.7 22.9
6-12 3,003 4.0 26.9
8-14 2,580 3.4 30.3
9-15 46 0.1 30.4
10-16 3,802 5.0 35.4
12-18 2,089 2.8 38.2
15-21 3,020 4.0 42.2
18-24 2,913 3.9 46.0
21-27 1,924 2.6 48.6
24-30 3,109 4.1 52.7
27-33 1,201 1.6 54.3
30-37 3,066 4.1 58.4
33-41 1,127 1.5 59.9
37-46 2,450 3.3 63.1
41-51 1,263 1.7 64.8
46-57 2,878 3.8 68.6
51-63 1,362 1.8 70.4
57-71 2,352 3.1 73.5
63-78 1,218 1.6 75.2
70-87 2,625 3.5 78.6
77-96 573 0.8 79.4
78-97 812 1.1 80.5
84-105 555 0.7 81.2
87-108 1,194 1.6 82.8
92-115 409 0.5 83.3
97-121 771 1.0 84.4
100-125 510 0.7 85.0
108-135 1,016 1.3 86.4
110-137 305 0.4 86.8
120-150 253 0.3 87.1
121-151 743 1.0 88.1
130-162 278 0.4 88.5
135-168 1,119 1.5 90.0
140-175 193 0.3 90.2
151-188 1,488 2.0 92.2
168-210 1,018 1.4 93.6
188-235 1,079 1.4 95.0
210-262 659 0.9 95.9
235-293 460 0.6 96.5
262-327 876 1.2 97.6
292-365 403 0.5 98.2
324-405 208 0.3 98.4
360-Life 555 0.7 99.2
Life 618 0.8 100.0
TOTAL 75,377 100.0 --

1
Of the 76,538 cases, 1,161 were excluded due to missing sentencing range. Descriptions of variables used in this table are provided in
Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

80 | 2019 Sourcebook

Table 26

NUMBER OF CAREER OFFENDERS AND ARMED CAREER CRIMINALS

1
BY TYPE OF CRIME
Fiscal Year 2019

ARMED CAREER
CAREER OFFENDER CRIMINAL
TYPE OF CRIME N % N %
TOTAL 1,737 100.0 315 100.0
Administration of Justice 3 0.2 0 0.0
Antitrust 0 0.0 0 0.0
Arson 2 0.1 0 0.0
Assault 23 1.3 4 1.3
Bribery/Corruption 0 0.0 0 0.0
Burglary/Trespass 0 0.0 0 0.0
Child Pornography 0 0.0 0 0.0
Commercialized Vice 0 0.0 0 0.0
Drug Possession 0 0.0 0 0.0
Drug Trafficking 1,306 75.2 30 9.5
Environmental 0 0.0 0 0.0
Extortion/Racketeering 3 0.2 1 0.3
Firearms 166 9.6 273 86.7
Food and Drug 0 0.0 0 0.0
Forgery/Counter/Copyright 0 0.0 0 0.0
Fraud/Theft/Embezzlement 0 0.0 0 0.0
Immigration 1 0.1 0 0.0
Individual Rights 0 0.0 0 0.0
Kidnapping 7 0.4 0 0.0
Manslaughter 0 0.0 1 0.3
Money Laundering 18 1.0 0 0.0
Murder 25 1.4 0 0.0
National Defense 1 0.1 0 0.0
Obscenity/Other Sex Offenses 0 0.0 0 0.0
Prison Offenses 0 0.0 0 0.0
Robbery 170 9.8 5 1.6
Sexual Abuse 5 0.3 1 0.3
Stalking/Harassing 7 0.4 0 0.0
Tax 0 0.0 0 0.0
Other 0 0.0 0 0.0

1
Of the 76,538 cases, the Commission received complete guideline application information for 70,537 cases. Of these, 1,737 offenders received
the career offender adjustment and 315 received the armed career criminal adjustment. Descriptions of variables used in this table are provided
in Appendix A. A description of Career Offender and Armed Career Criminal adjustments can be found in USSG §§4B1.1 and 4B1.4.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table 27

SENTENCE LENGTH IN EACH CRIMINAL HISTORY CATEGORY BY TYPE OF CRIME1

Fiscal Year 2019
CRIMINAL HISTORY CATEGORY
TOTAL I II III IV V VI
Mean Median Mean Median Mean Median Mean Median Mean Median Mean Median Mean Median
TYPE OF CRIME Mths Mths N Mths Mths N Mths Mths N Mths Mths N Mths Mths N Mths Mths N Mths Mths N
TOTAL 43 18 75,809 30 6 34,664 31 10 11,095 41 18 12,280 56 33 7,051 71 48 4,174 101 78 6,545
Administration of Justice 12 8 694 9 6 417 14 8 69 14 12 82 13 12 48 19 20 35 32 30 43
Antitrust 6 4 20 6 4 19 -- -- 1 -- -- 0 -- -- 0 -- -- 0 -- -- 0
Arson 76 60 68 73 44 34 58 51 10 90 60 10 60 60 5 -- -- 2 114 72 7
Assault 65 36 766 39 20 303 50 33 105 69 42 137 101 71 86 90 63 41 121 100 94
Bribery/Corruption 22 12 340 22 12 301 24 16 19 21 18 12 -- -- 2 -- -- 1 27 24 5
Burglary/Trespass 16 14 63 13 9 29 13 11 9 16 15 7 22 18 9 20 23 4 28 27 5
Child Pornography 103 84 1,367 90 72 1,037 129 120 121 143 120 136 141 120 40 190 180 21 189 162 12
Commercialized Vice 24 20 90 14 12 44 15 15 8 37 23 18 30 24 11 41 32 4 45 40 5
Drug Possession 2 0 485 2 0 350 1 0 42 1 0 47 4 2 19 4 1 8 9 2 19
Drug Trafficking 76 60 19,811 51 36 8,931 72 60 2,417 83 66 2,890 96 84 1,767 109 93 1,118 130 120 2,688
Environmental 4 0 165 3 0 137 6 0 10 6 6 10 10 7 4 -- -- 2 -- -- 2
Extortion/Racketeering 32 27 182 21 12 96 27 18 17 40 36 25 38 34 16 67 62 10 56 48 18
Firearms 50 38 8,378 22 12 1,412 32 27 801 37 30 1,681 52 46 1,556 63 57 1,143 83 63 1,785
Food and Drug 9 0 48 8 0 43 1 0 4 -- -- 0 -- -- 0 -- -- 0 -- -- 1
Forgery/Counter/Copyright 15 12 276 8 6 107 7 8 27 16 12 45 17 18 27 25 27 25 27 26 45
Fraud/Theft/Embezzlement 22 12 6,212 18 7 4,366 23 12 537 26 18 564 34 26 268 35 27 181 40 36 296
Immigration 9 6 29,225 4 2 13,258 7 6 6,163 12 10 5,548 20 18 2,490 29 24 1,080 34 30 686
Individual Rights 31 6 64 30 3 59 29 7 4 -- -- 1 -- -- 0 -- -- 0 -- -- 0
Kidnapping 171 120 96 114 96 33 210 188 11 226 160 12 163 159 10 238 180 7 187 120 23
Manslaughter 70 60 74 50 36 29 92 72 12 71 59 22 70 61 4 -- -- 2 109 110 5
Money Laundering 61 33 1,174 47 24 861 77 60 116 82 57 94 128 100 44 108 92 17 162 159 42
Murder 255 240 373 242 240 143 230 204 33 236 235 55 285 276 52 279 240 27 278 276 63
National Defense 43 24 188 25 18 155 47 48 8 38 51 3 -- -- 1 -- -- 0 179 180 21
Obscenity/Other Sex Offenses 20 18 389 18 12 43 15 12 57 16 15 94 20 21 84 24 24 49 27 30 62
Prison Offenses 11 8 621 6 1 29 10 2 11 6 4 165 11 8 128 13 12 118 15 15 170
Robbery 109 92 1,825 83 60 459 95 84 221 100 84 344 112 92 257 118 96 188 151 139 356
Sexual Abuse 205 180 1,165 201 180 750 165 120 129 194 180 115 218 188 59 287 296 64 272 263 48
Stalking/Harassing 29 24 222 22 15 103 22 18 27 32 30 36 42 37 30 37 38 8 47 44 18
Tax 16 12 547 13 8 444 26 17 38 27 21 41 29 26 8 41 41 8 35 39 8
Other 3 0 881 2 0 672 6 2 68 8 0 86 6 4 26 6 1 11 13 6 18
Guideline Application

1
Of the 76,538 cases, 729 cases were excluded due to missing Criminal History Category. Sentences of 470 months or greater (including life) and probation were included in the sentence average computations as 470 months
|

and zero months, respectively. The information in this table includes conditions of confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A.
SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.
81
 82

Table 28
|

LENGTH OF IMPRISONMENT BY CRIMINAL HISTORY CATEGORY AND TYPE OF CRIME1

Fiscal Year 2019
CRIMINAL HISTORY CATEGORY
TOTAL I II III IV V VI
Mean Median Mean Median Mean Median Mean Median Mean Median Mean Median Mean Median
TYPE OF CRIME Mths Mths N Mths Mths N Mths Mths N Mths Mths N Mths Mths N Mths Mths N Mths Mths N
2019 Sourcebook

TOTAL 46 21 69,730 34 11 29,703 33 11 10,559 42 18 11,909 57 35 6,946 72 48 4,126 101 80 6,487

Administration of Justice 16 12 501 13 12 261 19 11 50 16 15 72 14 12 44 21 24 32 32 30 42
Antitrust 6 4 17 5 4 16 -- -- 1 -- -- 0 -- -- 0 -- -- 0 -- -- 0
Arson 78 60 66 77 53 32 58 51 10 90 60 10 60 60 5 -- -- 2 114 72 7
Assault 74 42 676 49 26 236 55 36 94 75 46 127 102 72 85 90 63 41 122 100 93
Bribery/Corruption 29 18 250 29 18 218 31 28 14 24 18 10 -- -- 2 -- -- 1 27 24 5
Burglary/Trespass 18 15 55 16 12 21 13 11 9 16 15 7 21 18 9 20 23 4 28 27 5
Child Pornography 103 84 1,353 91 72 1,024 129 120 121 143 120 136 141 120 40 199 180 20 189 162 12
Commercialized Vice 28 21 75 18 15 32 17 18 7 41 26 16 30 24 11 41 32 4 45 40 5
Drug Possession 4 4 257 4 6 185 3 0 15 2 1 21 5 4 13 5 4 6 10 3 17
Drug Trafficking 79 60 19,085 55 37 8,375 74 60 2,325 84 68 2,845 97 84 1,752 110 95 1,111 131 120 2,677
Environmental 8 2 46 8 1 32 18 15 3 7 5 5 14 12 3 -- -- 1 -- -- 2
Extortion/Racketeering 38 33 150 29 23 68 31 20 14 42 37 24 38 34 16 67 62 10 55 47 18
Firearms 53 41 7,895 27 18 1,119 34 27 732 39 32 1,616 53 46 1,527 63 57 1,130 84 65 1,771
Food and Drug 32 24 13 30 24 12 -- -- 0 -- -- 0 -- -- 0 -- -- 0 -- -- 1
Forgery/Counter/Copyright 18 14 212 10 7 64 8 9 21 18 18 40 21 18 20 26 29 24 28 30 43
Fraud/Theft/Embezzlement 28 21 4,602 26 16 3,002 29 24 424 31 24 474 36 28 249 37 28 170 41 36 283
Immigration 10 6 27,866 4 3 12,097 8 6 6,042 12 10 5,488 20 18 2,482 29 24 1,076 34 30 681
Individual Rights 52 27 37 51 27 33 39 12 3 -- -- 1 -- -- 0 -- -- 0 -- -- 0
Kidnapping 170 120 96 114 96 33 210 188 11 226 160 12 163 159 10 237 180 7 187 120 23
Manslaughter 73 63 71 55 37 26 92 72 12 70 59 22 70 61 4 -- -- 2 109 110 5
Money Laundering 68 42 1,038 54 30 735 82 60 108 83 57 92 128 100 44 108 92 17 162 159 42
Murder 255 240 372 242 240 143 237 222 32 236 235 55 285 276 52 279 240 27 278 276 63
National Defense 48 27 167 28 24 135 47 48 8 -- -- 2 -- -- 1 -- -- 0 179 180 21
Obscenity/Other Sex Offenses 20 18 371 20 12 35 15 12 55 17 16 89 20 21 83 24 24 48 28 30 61
Prison Offenses 11 8 600 10 4 15 12 4 9 6 4 165 11 8 126 13 12 117 16 15 168
Robbery 110 93 1,800 85 63 445 96 85 218 101 84 339 112 92 256 118 96 187 151 139 355
Sexual Abuse 206 180 1,158 202 180 746 167 120 127 194 180 115 218 184 59 287 296 64 278 264 47
Stalking/Harassing 31 24 203 25 18 86 22 18 27 33 30 35 44 37 29 37 38 8 47 44 18
Tax 23 18 351 20 15 262 32 26 30 29 24 37 29 26 8 46 51 7 40 41 7
Other 7 2 347 5 1 215 10 6 37 12 6 54 8 5 16 6 1 10 15 8 15
1
Of the 76,538 cases, 5,888 with zero months of prison ordered were excluded. In addition, 920 cases were excluded due to one or both of the following reasons: missing Criminal History Category (588) or missing or
indeterminable sentencing information (419). Sentences of 470 months or greater (including life) were included in the sentence average computations as 470 months. The information in this table does not include conditions of
confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A.
SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.
SENTENCES UNDER THE GUIDELINES
MANUAL AND VARIANCES
84 | 2019 Sourcebook

Table 29

SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE1

Fiscal Year 2019

N %

TOTAL CASES 76,034 100.0

SENTENCES UNDER THE GUIDELINES MANUAL 56,995 75.0

Within Guideline Range 39,078 51.4

Upward Departure2 364 0.5

Downward Departure

§5K1.1 Substantial Assistance 7,272 9.6

§5K3.1 Early Disposition Program 7,119 9.4

Other Government Motion 3 1,410 1.9

Non-Government Departure 4 1,752 2.3

VARIANCES 19,039 25.0

Upward Variance5 1,431 1.9

Downward Variance

Government Motion 6 4,083 5.4

Non-Government Variance 7 13,525 17.8

1
Of the 76,538 cases, 504 were excluded because information was missing from the submitted documents that prevented
the comparison of the sentence and the guideline range. Descriptions of variables used in this table are provided in Appendix A.
2
Cases in which the sentence imposed was above the applicable guideline range and for which the court cited a reason on Part V of the
Statement of Reasons form, other than §5K1.1 or §5K3.1.
3
Cases in which the sentence imposed was below the applicable guideline range and for which the court cited a reason on Part V of the
Statement of Reasons form, other than §5K1.1 or §5K3.1, and where the prosecution initiated, proposed, or stipulated to the sentence.
4
Cases in which the sentence imposed was below the applicable guideline range and for which the court cited a reason on Part V of the
Statement of Reasons form, other than §5K1.1 or §5K3.1, and where the prosecution did not initiate, propose, or stipulate to the sentence.
5
Cases in which the sentence imposed was above the applicable guideline range and for which the court cited a reason on Part VI of the
Statement of Reasons form.
6
Cases in which the sentence imposed was below the applicable guideline range and for which the court cited a reason on Part VI of the
Statement of Reasons form, and where the prosecution initiated, proposed, or stipulated to the sentence.
7
Cases in which the sentence imposed was below the applicable guideline range and for which the court cited a reason on Part VI of the
Statement of Reasons form, or where no reason was given, and where the prosecution did not initiate, propose, or stipulate to the sentence.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Figure 8

SENTENCES UNDER THE GUIDELINES MANUAL AND VARIANCES OVER TIME1

Fiscal Years 2010 - 2019

Percent Sentences Under the Guidelines Manual Variances

100.0

81.9 82.3 81.3

79.9
80.0 74.6 75.0 74.5 75.0 75.0
74.0

60.0

40.0

25.4 25.0 25.5 26.0 25.0 25.0

20.1
18.1 17.7 18.7
20.0

0.0
Sentences Under the Guidelines Manual and Variances

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
|

1 Descriptions of variables used in this figure are provided in Appendix A.

85

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.

 86

Figure 9
|

SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE OVER TIME1

Fiscal Years 2010 - 2019

Within Range Upward Departure §5K1.1 Substantial Assistance

Percent §5K3.1 Early Disposition Program Other Downward Departure Variance
100.0
2019 Sourcebook

80.0

60.0 55.0 54.5

52.4 51.2 51.4
51.0
48.6 49.1
46.0 47.3

40.0

25.4 25.0 25.5 26.0 25.0 25.0

18.7 20.1
18.1 17.7
20.0
11.5 11.7 12.1 12.8 12.4
11.2 11.1 10.8 10.1 9.6
5.3 5.3 5.3 5.8 5.4
4.9 5.3 4.6 4.3 4.2
0.6 0.6 0.7 0.7 0.6 0.7 0.6 0.7 0.6 0.5
0.0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
1 Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.

 Sentences Under the Guidelines Manual and Variances | 87

Table 30

SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE

IN EACH CIRCUIT AND DISTRICT1
Fiscal Year 2019
WITHIN
GUIDELINE DEPARTURE
CIRCUIT RANGE UPWARD §5K1.1 §5K3.1 DOWNWARD VARIANCE
District TOTAL N % N % N % N % N % N %
TOTAL 76,034 39,078 51.4 364 0.5 7,272 9.6 7,119 9.4 3,162 4.2 19,039 25.0

D.C. CIRCUIT 330 139 42.1 3 0.9 32 9.7 2 0.6 35 10.6 119 36.1
District of Columbia 330 139 42.1 3 0.9 32 9.7 2 0.6 35 10.6 119 36.1

FIRST CIRCUIT 2,134 1,042 48.8 15 0.7 172 8.1 1 0.0 85 4.0 819 38.4
Maine 162 58 35.8 2 1.2 25 15.4 0 0.0 6 3.7 71 43.8
Massachusetts 476 177 37.2 7 1.5 46 9.7 1 0.2 26 5.5 219 46.0
New Hampshire 196 72 36.7 0 0.0 29 14.8 0 0.0 7 3.6 88 44.9
Puerto Rico 1,165 708 60.8 6 0.5 59 5.1 0 0.0 46 3.9 346 29.7
Rhode Island 135 27 20.0 0 0.0 13 9.6 0 0.0 0 0.0 95 70.4

SECOND CIRCUIT 3,549 1,119 31.5 10 0.3 627 17.7 9 0.3 150 4.2 1,634 46.0
Connecticut 349 120 34.4 3 0.9 51 14.6 0 0.0 46 13.2 129 37.0
New York
Eastern 622 166 26.7 2 0.3 114 18.3 0 0.0 60 9.6 280 45.0
Northern 381 216 56.7 2 0.5 56 14.7 1 0.3 8 2.1 98 25.7
Southern 1,514 377 24.9 0 0.0 241 15.9 8 0.5 28 1.8 860 56.8
Western 518 204 39.4 2 0.4 142 27.4 0 0.0 7 1.4 163 31.5
Vermont 165 36 21.8 1 0.6 23 13.9 0 0.0 1 0.6 104 63.0

THIRD CIRCUIT 2,336 1,019 43.6 11 0.5 432 18.5 19 0.8 61 2.6 794 34.0
Delaware 122 53 43.4 4 3.3 11 9.0 12 9.8 3 2.5 39 32.0
New Jersey 615 261 42.4 0 0.0 107 17.4 0 0.0 8 1.3 239 38.9
Pennsylvania
Eastern 627 248 39.6 2 0.3 163 26.0 2 0.3 31 4.9 181 28.9
Middle 505 257 50.9 1 0.2 97 19.2 5 1.0 15 3.0 130 25.7
Western 382 150 39.3 3 0.8 49 12.8 0 0.0 3 0.8 177 46.3
Virgin Islands 85 50 58.8 1 1.2 5 5.9 0 0.0 1 1.2 28 32.9

FOURTH CIRCUIT 5,691 3,209 56.4 47 0.8 700 12.3 3 0.1 176 3.1 1,556 27.3
Maryland 759 263 34.7 8 1.1 137 18.1 0 0.0 52 6.9 299 39.4
North Carolina
Eastern 822 501 60.9 14 1.7 161 19.6 1 0.1 10 1.2 135 16.4
Middle 490 267 54.5 5 1.0 59 12.0 0 0.0 6 1.2 153 31.2
Western 538 317 58.9 2 0.4 102 19.0 0 0.0 6 1.1 111 20.6
South Carolina 1,049 587 56.0 8 0.8 128 12.2 0 0.0 38 3.6 288 27.5
Virginia
Eastern 1,200 782 65.2 7 0.6 54 4.5 0 0.0 41 3.4 316 26.3
Western 241 124 51.5 1 0.4 27 11.2 2 0.8 14 5.8 73 30.3
West Virginia
Northern 280 182 65.0 0 0.0 26 9.3 0 0.0 4 1.4 68 24.3
Southern 312 186 59.6 2 0.6 6 1.9 0 0.0 5 1.6 113 36.2
88 | 2019 Sourcebook

Table 30 (cont.)

WITHIN
GUIDELINE DEPARTURE
CIRCUIT RANGE UPWARD §5K1.1 §5K3.1 DOWNWARD VARIANCE
District TOTAL N % N % N % N % N % N %
FIFTH CIRCUIT 21,294 14,911 70.0 125 0.6 1,124 5.3 716 3.4 1,208 5.7 3,210 15.1
Louisiana
Eastern 288 169 58.7 2 0.7 44 15.3 0 0.0 6 2.1 67 23.3
Middle 182 95 52.2 2 1.1 40 22.0 1 0.5 1 0.5 43 23.6
Western 372 266 71.5 4 1.1 36 9.7 0 0.0 3 0.8 63 16.9
Mississippi
Northern 185 69 37.3 1 0.5 50 27.0 0 0.0 4 2.2 61 33.0
Southern 453 330 72.8 2 0.4 46 10.2 8 1.8 3 0.7 64 14.1
Texas
Eastern 724 517 71.4 3 0.4 24 3.3 1 0.1 10 1.4 169 23.3
Northern 1,556 971 62.4 16 1.0 184 11.8 0 0.0 31 2.0 354 22.8
Southern 7,809 4,587 58.7 88 1.1 422 5.4 489 6.3 897 11.5 1,326 17.0
Western 9,725 7,907 81.3 7 0.1 278 2.9 217 2.2 253 2.6 1,063 10.9

SIXTH CIRCUIT 5,297 2,444 46.1 13 0.2 1,055 19.9 10 0.2 198 3.7 1,577 29.8
Kentucky
Eastern 557 318 57.1 0 0.0 91 16.3 0 0.0 9 1.6 139 25.0
Western 348 161 46.3 3 0.9 87 25.0 2 0.6 12 3.4 83 23.9
Michigan
Eastern 879 376 42.8 1 0.1 116 13.2 1 0.1 26 3.0 359 40.8
Western 392 201 51.3 2 0.5 68 17.3 0 0.0 4 1.0 117 29.8
Ohio
Northern 900 447 49.7 4 0.4 190 21.1 0 0.0 24 2.7 235 26.1
Southern 561 164 29.2 1 0.2 133 23.7 5 0.9 89 15.9 169 30.1
Tennessee
Eastern 743 388 52.2 2 0.3 210 28.3 0 0.0 14 1.9 129 17.4
Middle 315 89 28.3 0 0.0 71 22.5 0 0.0 15 4.8 140 44.4
Western 602 300 49.8 0 0.0 89 14.8 2 0.3 5 0.8 206 34.2

SEVENTH CIRCUIT 2,448 899 36.7 5 0.2 243 9.9 2 0.1 127 5.2 1,172 47.9
Illinois
Central 225 81 36.0 0 0.0 32 14.2 0 0.0 7 3.1 105 46.7
Northern 655 192 29.3 2 0.3 46 7.0 2 0.3 50 7.6 363 55.4
Southern 285 146 51.2 2 0.7 35 12.3 0 0.0 2 0.7 100 35.1
Indiana
Northern 356 148 41.6 0 0.0 44 12.4 0 0.0 19 5.3 145 40.7
Southern 472 219 46.4 0 0.0 51 10.8 0 0.0 5 1.1 197 41.7
Wisconsin
Eastern 267 41 15.4 0 0.0 29 10.9 0 0.0 2 0.7 195 73.0
Western 188 72 38.3 1 0.5 6 3.2 0 0.0 42 22.3 67 35.6

EIGHTH CIRCUIT 5,423 2,437 44.9 35 0.6 674 12.4 73 1.3 116 2.1 2,088 38.5
Arkansas
Eastern 552 334 60.5 3 0.5 42 7.6 0 0.0 12 2.2 161 29.2
Western 258 128 49.6 0 0.0 39 15.1 2 0.8 3 1.2 86 33.3
Iowa
Northern 415 217 52.3 11 2.7 89 21.4 0 0.0 6 1.4 92 22.2
Southern 493 196 39.8 1 0.2 73 14.8 0 0.0 5 1.0 218 44.2
Minnesota 380 116 30.5 2 0.5 71 18.7 2 0.5 17 4.5 172 45.3
Missouri
Eastern 1,190 465 39.1 4 0.3 87 7.3 0 0.0 9 0.8 625 52.5
Western 772 297 38.5 2 0.3 115 14.9 0 0.0 29 3.8 329 42.6
Nebraska 527 266 50.5 1 0.2 18 3.4 57 10.8 5 0.9 180 34.2
North Dakota 328 100 30.5 0 0.0 130 39.6 10 3.0 4 1.2 84 25.6
South Dakota 508 318 62.6 11 2.2 10 2.0 2 0.4 26 5.1 141 27.8
 Sentences Under the Guidelines Manual and Variances | 89

Table 30 (cont.)

WITHIN
GUIDELINE DEPARTURE
CIRCUIT RANGE UPWARD §5K1.1 §5K3.1 DOWNWARD VARIANCE
District TOTAL N % N % N % N % N % N %
NINTH CIRCUIT 14,689 4,552 31.0 53 0.4 1,098 7.5 5,358 36.5 581 4.0 3,047 20.7
Alaska 193 56 29.0 2 1.0 25 13.0 0 0.0 4 2.1 106 54.9
Arizona 5,529 1,951 35.3 33 0.6 130 2.4 2,735 49.5 88 1.6 592 10.7
California
Central 1,138 386 33.9 1 0.1 147 12.9 94 8.3 87 7.6 423 37.2
Eastern 510 228 44.7 1 0.2 80 15.7 21 4.1 17 3.3 163 32.0
Northern 483 146 30.2 0 0.0 60 12.4 9 1.9 15 3.1 253 52.4
Southern 4,087 746 18.3 8 0.2 235 5.7 2,426 59.4 295 7.2 377 9.2
Guam 49 30 61.2 0 0.0 12 24.5 0 0.0 2 4.1 5 10.2
Hawaii 154 59 38.3 0 0.0 36 23.4 0 0.0 1 0.6 58 37.7
Idaho 372 151 40.6 1 0.3 82 22.0 24 6.5 19 5.1 95 25.5
Montana 384 139 36.2 2 0.5 99 25.8 1 0.3 4 1.0 139 36.2
Nevada 482 190 39.4 2 0.4 39 8.1 2 0.4 14 2.9 235 48.8
Northern Mariana Islands 11 8 72.7 0 0.0 1 9.1 0 0.0 0 0.0 2 18.2
Oregon 473 118 24.9 2 0.4 70 14.8 0 0.0 25 5.3 258 54.5
Washington
Eastern 358 153 42.7 0 0.0 64 17.9 14 3.9 4 1.1 123 34.4
Western 466 191 41.0 1 0.2 18 3.9 32 6.9 6 1.3 218 46.8

TENTH CIRCUIT 6,478 3,731 57.6 35 0.5 368 5.7 895 13.8 355 5.5 1,094 16.9
Colorado 523 186 35.6 1 0.2 99 18.9 76 14.5 13 2.5 148 28.3
Kansas 451 192 42.6 5 1.1 84 18.6 2 0.4 5 1.1 163 36.1
New Mexico 3,948 2,736 69.3 7 0.2 56 1.4 690 17.5 183 4.6 276 7.0
Oklahoma
Eastern 100 60 60.0 1 1.0 18 18.0 0 0.0 0 0.0 21 21.0
Northern 215 88 40.9 10 4.7 30 14.0 0 0.0 34 15.8 53 24.7
Western 407 227 55.8 0 0.0 24 5.9 4 1.0 3 0.7 149 36.6
Utah 656 187 28.5 9 1.4 39 5.9 110 16.8 101 15.4 210 32.0
Wyoming 178 55 30.9 2 1.1 18 10.1 13 7.3 16 9.0 74 41.6

ELEVENTH CIRCUIT 6,365 3,576 56.2 12 0.2 747 11.7 31 0.5 70 1.1 1,929 30.3
Alabama
Middle 260 145 55.8 0 0.0 43 16.5 2 0.8 5 1.9 65 25.0
Northern 542 317 58.5 2 0.4 100 18.5 1 0.2 5 0.9 117 21.6
Southern 376 267 71.0 0 0.0 42 11.2 2 0.5 3 0.8 62 16.5
Florida
Middle 1,594 772 48.4 4 0.3 265 16.6 20 1.3 15 0.9 518 32.5
Northern 302 144 47.7 2 0.7 54 17.9 6 2.0 3 1.0 93 30.8
Southern 1,903 1,128 59.3 1 0.1 106 5.6 0 0.0 14 0.7 654 34.4
Georgia
Middle 407 280 68.8 1 0.2 39 9.6 0 0.0 7 1.7 80 19.7
Northern 507 176 34.7 2 0.4 30 5.9 0 0.0 17 3.4 282 55.6
Southern 474 347 73.2 0 0.0 68 14.3 0 0.0 1 0.2 58 12.2
1
Of the 76,538 cases, 504 were excluded because information was missing from the submitted documents that prevented the comparison of the sentence and the guideline
range. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

90 | 2019 Sourcebook

Table 31

SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE

1
BY TYPE OF CRIME
Fiscal Year 2019

WITHIN
GUIDELINE DEPARTURE
RANGE UPWARD §5K1.1 §5K3.1 DOWNWARD VARIANCE
TYPE OF CRIME TOTAL N % N % N % N % N % N %
TOTAL 76,034 39,078 51.4 364 0.5 7,272 9.6 7,119 9.4 3,162 4.2 19,039 25.0
Administration of Justice 695 357 51.4 12 1.7 36 5.2 6 0.9 43 6.2 241 34.7
Antitrust 20 2 10.0 0 0.0 15 75.0 0 0.0 0 0.0 3 15.0
Arson 68 35 51.5 2 2.9 9 13.2 0 0.0 2 2.9 20 29.4
Assault 768 380 49.5 18 2.3 39 5.1 1 0.1 55 7.2 275 35.8
Bribery/Corruption 341 63 18.5 0 0.0 118 34.6 0 0.0 27 7.9 133 39.0
Burglary/Trespass 64 40 62.5 1 1.6 1 1.6 0 0.0 2 3.1 20 31.3
Child Pornography 1,368 413 30.2 10 0.7 30 2.2 0 0.0 95 6.9 820 59.9
Commercialized Vice 90 32 35.6 1 1.1 9 10.0 0 0.0 7 7.8 41 45.6
Drug Possession 490 445 90.8 2 0.4 2 0.4 0 0.0 3 0.6 38 7.8
Drug Trafficking 19,813 6,734 34.0 64 0.3 4,460 22.5 1,224 6.2 846 4.3 6,485 32.7
Environmental 173 82 47.4 0 0.0 10 5.8 0 0.0 14 8.1 67 38.7
Extortion/Racketeering 183 88 48.1 2 1.1 21 11.5 0 0.0 9 4.9 63 34.4
Firearms 8,474 4,618 54.5 56 0.7 563 6.6 8 0.1 305 3.6 2,924 34.5
Food and Drug 48 34 70.8 1 2.1 0 0.0 0 0.0 1 2.1 12 25.0
Forgery/Counter/Copyright 276 135 48.9 1 0.4 29 10.5 0 0.0 11 4.0 100 36.2
Fraud/Theft/Embezzlement 6,273 2,991 47.7 19 0.3 830 13.2 17 0.3 205 3.3 2,211 35.2
Immigration 29,239 19,193 65.6 103 0.4 205 0.7 5,852 20.0 1,141 3.9 2,745 9.4
Individual Rights 64 34 53.1 0 0.0 7 10.9 0 0.0 3 4.7 20 31.3
Kidnapping 96 30 31.3 2 2.1 18 18.8 0 0.0 9 9.4 37 38.5
Manslaughter 74 39 52.7 7 9.5 0 0.0 0 0.0 5 6.8 23 31.1
Money Laundering 1,174 289 24.6 4 0.3 333 28.4 7 0.6 67 5.7 474 40.4
Murder 373 143 38.3 4 1.1 87 23.3 0 0.0 33 8.8 106 28.4
National Defense 193 54 28.0 0 0.0 40 20.7 0 0.0 23 11.9 76 39.4
Obscenity/Other Sex Offenses 392 235 59.9 3 0.8 0 0.0 1 0.3 12 3.1 141 36.0
Prison Offenses 610 402 65.9 3 0.5 11 1.8 3 0.5 30 4.9 161 26.4
Robbery 1,825 711 39.0 29 1.6 262 14.4 0 0.0 100 5.5 723 39.6
Sexual Abuse 1,165 458 39.3 14 1.2 58 5.0 0 0.0 77 6.6 558 47.9
Stalking/Harassing 223 113 50.7 4 1.8 2 0.9 0 0.0 15 6.7 89 39.9
Tax 547 139 25.4 0 0.0 69 12.6 0 0.0 16 2.9 323 59.0
Other 915 789 86.2 2 0.2 8 0.9 0 0.0 6 0.7 110 12.0

1
Of the 76,538 cases, 504 were excluded because information was missing from the submitted documents that prevented the comparison of the sentence and the guideline
range. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentences Under the Guidelines Manual and Variances | 91

Table 32
SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE BY PRIMARY SENTENCING GUIDELINE1
Fiscal Year 2019
Within Within
Guideline Departure Guideline Departure
Guideline Total Range Up §5K1.1 §5K3.1 Down Variance Guideline Total Range Up §5K1.1 §5K3.1 Down Variance
§2A1.1 260 99 0 70 0 18 73 §2D1.8 12 4 0 3 0 0 5
§2A1.2 45 16 4 5 0 4 16 §2D1.9 0 0 0 0 0 0 0
§2A1.3 27 15 3 0 0 2 7 §2D1.10 7 0 0 1 0 0 6
§2A1.4 47 24 4 0 0 3 16 §2D1.11 27 0 0 6 0 0 21
§2A1.5 46 20 0 4 0 8 14 §2D1.12 0 0 0 0 0 0 0
§2A2.1 169 72 1 26 0 5 65 §2D1.13 3 3 0 0 0 0 0
§2A2.2 413 185 15 10 1 39 163 §2D1.14 0 0 0 0 0 0 0
§2A2.3 111 79 1 0 0 4 27 §2D2.1 172 149 2 2 0 2 17
§2A2.4 206 113 4 2 4 17 66 §2D2.2 111 94 0 1 0 1 15
§2A3.1 137 60 2 3 0 17 55 §2D2.3 0 0 0 0 0 0 0
§2A3.2 40 26 2 0 0 1 11 §2D3.1 5 5 0 0 0 0 0
§2A3.3 6 3 2 1 0 0 0 §2D3.2 0 0 0 0 0 0 0
§2A3.4 44 24 1 0 0 3 16 §2D3.3 0 0 0 0 0 0 0
§2A3.5 360 222 2 0 1 12 123 §2D3.4 0 0 0 0 0 0 0
§2A4.1 93 29 2 18 0 9 35 §2D3.5 0 0 0 0 0 0 0
§2A4.2 1 1 0 0 0 0 0 §2E1.1 62 30 1 7 0 6 18
§2A5.1 0 0 0 0 0 0 0 §2E1.2 1 0 0 0 0 0 1
§2A5.2 27 16 1 0 0 2 8 §2E1.3 1 0 0 0 0 0 1
§2A5.3 0 0 0 0 0 0 0 §2E1.4 6 4 0 1 0 0 1
§2A6.1 137 73 1 2 0 7 54 §2E1.5 0 0 0 0 0 0 0
§2A6.2 80 38 3 0 0 7 32 §2E2.1 16 4 0 1 0 3 8
§2B1.1 5,706 2,503 19 819 10 198 2,157 §2E3.1 29 10 0 1 0 4 14
§2B1.2 0 0 0 0 0 0 0 §2E3.2 0 0 0 0 0 0 0
§2B1.3 0 0 0 0 0 0 0 §2E3.3 0 0 0 0 0 0 0
§2B1.4 35 0 0 7 0 2 26 §2E4.1 25 9 0 5 0 0 11
§2B1.5 12 4 0 0 0 0 8 §2E5.1 7 4 0 2 0 0 1
§2B1.62 138 134 0 4 0 0 0 §2E5.2 0 0 0 0 0 0 0
§2B2.1 48 27 1 1 0 2 17 §2E5.3 1 1 0 0 0 0 0
§2B2.2 0 0 0 0 0 0 0 §2E5.4 0 0 0 0 0 0 0
§2B2.3 9 7 0 0 0 0 2 §2E5.5 0 0 0 0 0 0 0
§2B3.1 1,805 707 29 258 0 99 712 §2E5.6 0 0 0 0 0 0 0
§2B3.2 45 22 1 5 0 0 17 §2F1.1 2 0 0 0 0 1 1
§2B3.3 11 7 0 0 0 0 4 §2F1.2 0 0 0 0 0 0 0
§2B4.1 78 14 0 32 0 1 31 §2G1.1 82 28 1 9 0 6 38
§2B5.1 229 123 1 21 0 5 79 §2G1.2 0 0 0 0 0 0 0
§2B5.2 0 0 0 0 0 0 0 §2G1.3 375 174 5 34 0 13 149
§2B5.3 47 12 0 8 0 6 21 §2G2.1 521 161 2 17 0 39 302
§2B5.4 0 0 0 0 0 0 0 §2G2.2 1,363 411 10 29 0 94 819
§2B6.1 1 0 0 0 0 0 1 §2G2.3 0 0 0 0 0 0 0
§2C1.1 245 40 0 86 0 25 94 §2G2.4 0 0 0 0 0 0 0
§2C1.2 7 3 0 0 0 1 3 §2G2.5 0 0 0 0 0 0 0
§2C1.3 7 5 0 0 0 0 2 §2G2.6 18 2 0 2 0 0 14
§2C1.4 0 0 0 0 0 0 0 §2G3.1 25 8 1 0 0 0 16
§2C1.5 0 0 0 0 0 0 0 §2G3.2 1 0 0 0 0 0 1
§2C1.6 0 0 0 0 0 0 0 §2H1.1 26 7 0 5 0 3 11
§2C1.7 0 0 0 0 0 0 0 §2H1.2 0 0 0 0 0 0 0
§2C1.8 2 0 0 0 0 0 2 §2H1.3 0 0 0 0 0 0 0
§2D1.1 19,460 6,574 63 4,403 1,220 821 6,379 §2H1.4 0 0 0 0 0 0 0
§2D1.2 281 145 1 48 0 16 71 §2H1.5 0 0 0 0 0 0 0
§2D1.3 0 0 0 0 0 0 0 §2H2.1 17 15 0 0 0 0 2
§2D1.4 0 0 0 0 0 0 0 §2H3.1 7 5 0 1 0 0 1
§2D1.5 2 0 0 2 0 0 0 §2H3.2 0 0 0 0 0 0 0
§2D1.6 0 0 0 0 0 0 0 §2H3.3 3 3 0 0 0 0 0
§2D1.7 1 1 0 0 0 0 0 §2H4.1 7 1 0 1 0 0 5
92 | 2019 Sourcebook

Table 32 (cont.)
Within Within
Guideline Departure Guideline Departure
Guideline Total Range Up §5K1.1 §5K3.1 Down Variance Guideline Total Range Up §5K1.1 §5K3.1 Down Variance
§2H4.2 0 0 0 0 0 0 0 §2M5.2 141 31 0 31 0 19 60
§2J1.1 0 0 0 0 0 0 0 §2M5.3 17 4 0 2 0 3 8
§2J1.2 131 29 3 16 1 11 71 §2M6.1 6 3 0 0 0 0 3
§2J1.3 21 10 0 0 0 3 8 §2M6.2 0 0 0 0 0 0 0
§2J1.4 13 12 0 0 0 0 1 §2N1.1 11 0 1 0 0 1 9
§2J1.5 0 0 0 0 0 0 0 §2N1.2 0 0 0 0 0 0 0
§2J1.6 34 21 0 0 0 2 11 §2N1.3 1 1 0 0 0 0 0
§2J1.7 0 0 0 0 0 0 0 §2N2.1 28 27 0 0 0 0 1
§2J1.8 0 0 0 0 0 0 0 §2N3.1 0 0 0 0 0 0 0
§2J1.9 0 0 0 0 0 0 0 §2P1.1 298 196 3 5 3 16 75
§2K1.1 1 1 0 0 0 0 0 §2P1.2 238 158 0 6 0 11 63
§2K1.2 0 0 0 0 0 0 0 §2P1.3 0 0 0 0 0 0 0
§2K1.3 27 5 0 6 0 4 12 §2P1.4 0 0 0 0 0 0 0
§2K1.4 66 34 2 9 0 2 19 §2Q1.1 0 0 0 0 0 0 0
§2K1.5 0 0 0 0 0 0 0 §2Q1.2 31 11 0 1 0 6 13
§2K1.6 0 0 0 0 0 0 0 §2Q1.3 20 6 0 4 0 4 6
§2K1.7 0 0 0 0 0 0 0 §2Q1.4 0 0 0 0 0 0 0
§2K2.1 7,952 4,247 48 511 8 296 2,842 §2Q1.5 0 0 0 0 0 0 0
§2K2.2 0 0 0 0 0 0 0 §2Q1.6 0 0 0 0 0 0 0
§2K2.3 0 0 0 0 0 0 0 §2Q2.1 82 40 0 4 0 2 36
§2K2.43 413 327 8 39 0 0 39 §2Q2.2 0 0 0 0 0 0 0
§2K2.5 17 14 0 0 0 0 3 §2R1.1 20 2 0 15 0 0 3
§2K2.6 0 0 0 0 0 0 0 §2S1.1 990 211 3 324 4 44 404
§2K3.1 0 0 0 0 0 0 0 §2S1.2 0 0 0 0 0 0 0
§2K3.2 0 0 0 0 0 0 0 §2S1.3 177 72 1 9 3 23 69
§2L1.1 3,487 1,412 4 151 1,208 90 622 §2S1.4 0 0 0 0 0 0 0
§2L1.2 22,071 15,191 96 29 3,990 977 1,788 §2T1.1 328 86 0 41 0 6 195
§2L1.3 0 0 0 0 0 0 0 §2T1.2 0 0 0 0 0 0 0
§2L2.1 104 51 0 18 0 5 30 §2T1.3 0 0 0 0 0 0 0
§2L2.2 961 697 2 3 54 31 174 §2T1.4 166 36 0 25 0 7 98
§2L2.3 0 0 0 0 0 0 0 §2T1.5 0 0 0 0 0 0 0
§2L2.4 0 0 0 0 0 0 0 §2T1.6 40 10 0 2 0 2 26
§2L2.5 0 0 0 0 0 0 0 §2T1.7 0 0 0 0 0 0 0
§2M1.1 0 0 0 0 0 0 0 §2T1.8 1 1 0 0 0 0 0
§2M2.1 0 0 0 0 0 0 0 §2T1.9 2 1 0 1 0 0 0
§2M2.2 0 0 0 0 0 0 0 §2T2.1 3 1 0 0 0 1 1
§2M2.3 0 0 0 0 0 0 0 §2T2.2 2 2 0 0 0 0 0
§2M2.4 0 0 0 0 0 0 0 §2T3.1 3 2 0 0 0 0 1
§2M3.1 2 0 0 1 0 0 1 §2T3.2 0 0 0 0 0 0 0
§2M3.2 0 0 0 0 0 0 0 §2T4.1 0 0 0 0 0 0 0
§2M3.3 2 2 0 0 0 0 0 §2X1.1 16 9 0 0 0 0 7
§2M3.4 0 0 0 0 0 0 0 §2X2.1 0 0 0 0 0 0 0
§2M3.5 0 0 0 0 0 0 0 §2X3.1 88 28 3 17 0 6 34
§2M3.6 0 0 0 0 0 0 0 §2X4.1 268 162 4 18 1 8 75
§2M3.7 0 0 0 0 0 0 0 §2X5.1 0 0 0 0 0 0 0
§2M3.8 0 0 0 0 0 0 0 §2X5.2 214 169 0 0 0 0 45
§2M3.9 0 0 0 0 0 0 0 §2X6.1 1 1 0 0 0 0 0
§2M4.1 0 0 0 0 0 0 0 §2X7.1 1 0 0 0 0 0 1
§2M5.1 14 3 0 6 0 1 4 §2X7.2 0 0 0 0 0 0 0
TOTAL 71,859 35,901 363 7,257 6,508 3,087 18,743
1
Of the 76,538 cases, 4,679 were excluded due to one or both of the following reasons: information was missing from the submitted documents that prevented the
comparison of the sentence and the guideline range (504) or missing guideline applied (4,652). Descriptions of variables used in this table are provided in Appendix A.
2
In these cases, the offender was convicted of violating 18 U.S.C. § 1028A (Aggravated Identity Theft) as the only count or counts of conviction. The Guidelines
Manual provides punishment for this type of offense under §2B1.6.
3
In these cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to
Certain Crimes) as the only count or counts of conviction. The Guidelines Manual provides punishment for this type of offense under §2K2.4.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table 33
1
ATTRIBUTION CATEGORY FOR SENTENCES OUTSIDE OF THE GUIDELINE RANGE
Fiscal Year 2019

Pursuant to a Plea Agreement

§5K1.1 §5K3.1 Plea with
Substantial Early Binding Plea Departure Court Plea States Gov't
TOTAL Assistance2 Disposition2 Accepted by Court Finds Reasonable Will Not Oppose
CASES N % N % N % N % N %
TOTAL 36,956 7,297 19.7 7,304 19.8 5,588 15.1 8,341 22.6 821 2.2

Departures 17,917 7,272 40.6 7,280 40.6 4,165 23.2 7,105 39.7 662 3.7

Upward Departure 364 0 0.0 0 0.0 92 25.3 39 10.7 1 0.3

Downward Departure
§5K1.1 Substantial Assistance 7,272 7,272 100.0 161 2.2 300 4.1 2,027 27.9 38 0.5

§5K3.1 Early Disposition Program 7,119 0 0.0 7,119 100.0 3,198 44.9 4,432 62.3 598 8.4

Other Government Motion 1,410 0 0.0 0 0.0 575 40.8 607 43.0 25 1.8
Non-Government Departure 1,752 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0

Variances 19,039 25 0.1 24 0.1 1,423 7.5 1,236 6.5 159 0.8

Upward Variance 1,431 25 1.7 24 1.7 197 13.8 138 9.6 1 0.1

Downward Variance
Government Motion 4,083 0 0.0 0 0.0 1,226 30.0 1,098 26.9 158 3.9

Non-Government Variance 13,525 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0

Sentences Under the Guidelines Manual and Variances
|
93
 94

Table 33 (cont.)
|

Pursuant to a Motion Not in a Plea Agreement

Other Defense Defense Other than No
2019 Sourcebook

Government Motion/Gov't Motion/Gov't Joint a Plea/Motion Information

Motion Did Not Object Did Object Motion by Parties Available
N % N % N % N % N % N %
TOTAL 5,387 14.6 6,068 16.4 7,353 19.9 1,518 4.1 5,247 14.2 2,617 7.1

Departures 4,678 26.1 2,234 12.5 1,780 9.9 646 3.6 1,558 8.7 230 1.3

Upward Departure 116 31.9 0 0.0 3 0.8 8 2.2 108 29.7 26 7.1

Downward Departure
§5K1.1 Substantial Assistance 4,236 58.3 756 10.4 660 9.1 381 5.2 695 0.0 0 0.0

§5K3.1 Early Disposition Program 187 2.6 479 6.7 685 9.6 130 1.8 297 4.2 0 0.0

Other Government Motion 139 9.9 100 7.1 66 4.7 127 9.0 64 4.5 30 2.1
Non-Government Departure 0 0.0 899 51.3 366 20.9 0 0.0 394 22.5 174 9.9

Variances 709 3.7 3,834 20.1 5,573 29.3 872 4.6 3,689 19.4 2,387 12.5

Upward Variance 239 16.7 7 0.5 5 0.3 25 1.7 592 41.4 263 18.4

Downward Variance
Government Motion 470 11.5 387 9.5 155 3.8 847 20.7 186 4.6 156 3.8

Non-Government Variance 0 0.0 3,440 25.4 5,413 40.0 0 0.0 2,911 21.5 1,968 14.6

1
Multiple attributions may be made on the Statement of Reasons (SOR). Therefore, the numbers reported in this table may exceed the number of total cases. For example, among SORs with an attribution, 15,714 cases
indicated more than one attribution. Only offenders whose sentence is outside the guideline range are included in this table. Descriptions of variables used in this table are provided in Appendix A.

2
For cases in which the court submitted a SOR form with a revision date of 11/15 or later, information for these categories was taken from Part V.C. of the SOR. For cases in which the court submitted the prior
version of the SOR form, the information was taken from Part V.B. of the SOR form.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentences Under the Guidelines Manual and Variances | 95

Table 34

POSITION OF WITHIN GUIDELINE RANGE SENTENCES

BY TYPE OF CRIME1
Fiscal Year 2019

Guideline Lower Half Midpoint Upper Half Guideline

Minimum of Range of Range of Range Maximum
TYPE OF CRIME TOTAL N % N % N % N % N %
TOTAL 35,711 13,311 37.3 10,452 29.3 3,753 10.5 4,614 12.9 3,581 10.0
Administration of Justice 326 163 50.0 49 15.0 41 12.6 24 7.4 49 15.0
Antitrust 2 2 100.0 0 0.0 0 0.0 0 0.0 0 0.0
Arson 22 14 63.6 2 9.1 2 9.1 3 13.6 1 4.5
Assault 334 142 42.5 63 18.9 34 10.2 30 9.0 65 19.5
Bribery/Corruption 56 40 71.4 4 7.1 2 3.6 4 7.1 6 10.7
Burglary/Trespass 38 19 50.0 9 23.7 4 10.5 3 7.9 3 7.9
Child Pornography 320 172 53.8 52 16.3 23 7.2 36 11.3 37 11.6
Commercialized Vice 31 14 45.2 3 9.7 4 12.9 1 3.2 9 29.0
Drug Possession 424 213 50.2 95 22.4 21 5.0 52 12.3 43 10.1
Drug Trafficking 5,832 3,607 61.8 829 14.2 437 7.5 383 6.6 576 9.9
Environmental 78 64 82.1 10 12.8 2 2.6 0 0.0 2 2.6
Extortion/Racketeering 85 48 56.5 13 15.3 10 11.8 5 5.9 9 10.6
Firearms 4,122 1,961 47.6 586 14.2 470 11.4 372 9.0 733 17.8
Food and Drug 34 31 91.2 0 0.0 0 0.0 2 5.9 1 2.9
Forgery/Counter/Copyright 124 57 46.0 25 20.2 10 8.1 6 4.8 26 21.0
Fraud/Theft/Embezzlement 2,749 1,497 54.5 503 18.3 284 10.3 184 6.7 281 10.2
Immigration 18,149 3,712 20.5 7,615 42.0 2,198 12.1 3,284 18.1 1,340 7.4
Individual Rights 31 20 64.5 8 25.8 0 0.0 1 3.2 2 6.5
Kidnapping 12 5 41.7 3 25.0 1 8.3 0 0.0 3 25.0
Manslaughter 36 12 33.3 5 13.9 5 13.9 5 13.9 9 25.0
Money Laundering 268 170 63.4 30 11.2 21 7.8 18 6.7 29 10.8
Murder 46 17 37.0 16 34.8 0 0.0 8 17.4 5 10.9
National Defense 41 24 58.5 8 19.5 4 9.8 2 4.9 3 7.3
Obscenity/Other Sex Offenses 230 113 49.1 26 11.3 33 14.3 8 3.5 50 21.7
Prison Offenses 388 155 39.9 121 31.2 38 9.8 30 7.7 44 11.3
Robbery 700 317 45.3 115 16.4 44 6.3 89 12.7 135 19.3
Sexual Abuse 286 112 39.2 61 21.3 29 10.1 34 11.9 50 17.5
Stalking/Harassing 100 45 45.0 13 13.0 14 14.0 5 5.0 23 23.0
Tax 127 77 60.6 21 16.5 10 7.9 9 7.1 10 7.9
Other 720 488 67.8 167 23.2 12 1.7 16 2.2 37 5.1

1
Of the 76,538 cases, 39,078 offenders were sentenced within the applicable guideline range. An additional 3,367 cases were excluded due to several logical criteria.
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

96 | 2019 Sourcebook

Table 35

EXTENT OF UPWARD DEPARTURES

BY TYPE OF CRIME1
Fiscal Year 2019

Mean Median
Sentence Increase Percent Sentence Increase Percent
TYPE OF CRIME N In Months In Months Increase In Months In Months Increase
TOTAL 360 86 26 71.6 60 14 42.9
Administration of Justice 12 44 17 78.0 36 12 76.6
Antitrust 0 -- -- -- -- -- --
Arson 2 -- -- -- -- -- --
Assault 18 112 40 55.9 84 27 46.9
Bribery/Corruption 0 -- -- -- -- -- --
Burglary/Trespass 1 -- -- -- -- -- --
Child Pornography 10 125 30 34.8 89 27 26.4
Commercialized Vice 1 -- -- -- -- -- --
Drug Possession 2 -- -- -- -- -- --
Drug Trafficking 64 112 40 128.7 96 30 57.0
Environmental 0 -- -- -- -- -- --
Extortion/Racketeering 2 -- -- -- -- -- --
Firearms 55 77 23 57.7 72 17 39.2
Food and Drug 1 -- -- -- -- -- --
Forgery/Counter/Copyright 1 -- -- -- -- -- --
Fraud/Theft/Embezzlement 18 44 13 59.5 27 9 48.7
Immigration 102 25 9 67.7 24 8 50.0
Individual Rights 0 -- -- -- -- -- --
Kidnapping 2 -- -- -- -- -- --
Manslaughter 7 125 58 101.3 132 54 69.2
Money Laundering 3 48 5 11.1 42 2 12.5
Murder 4 315 92 43.0 300 64 28.8
National Defense 0 -- -- -- -- -- --
Obscenity/Other Sex Offenses 3 46 17 59.6 41 11 36.7
Prison Offenses 3 44 14 46.8 40 12 57.1
Robbery 29 185 40 32.1 192 25 23.1
Sexual Abuse 14 189 50 53.4 151 36 26.0
Stalking/Harassing 4 49 12 32.4 46 12 27.4
Tax 0 -- -- -- -- -- --
Other 2 -- -- -- -- -- --

1
Of the 76,538 cases, in 364 the sentence was an upward departure from the guideline range. Four offenders were excluded due to several logical criteria. Sentences
greater than 470 months and probation were included in the sentence average computations as 470 months and zero months, respectively. The information in this table
includes conditions of confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentences Under the Guidelines Manual and Variances | 97

Table 36

EXTENT OF UPWARD VARIANCES

BY TYPE OF CRIME1
Fiscal Year 2019

Mean Median
Sentence Increase Percent Sentence Increase Percent
TYPE OF CRIME N In Months In Months Increase In Months In Months Increase
TOTAL 1,421 79 23 65.0 60 12 37.5
Administration of Justice 22 35 9 44.2 30 6 25.8
Antitrust 0 -- -- -- -- -- --
Arson 5 124 49 64.4 120 48 44.4
Assault 29 102 31 56.9 96 18 27.7
Bribery/Corruption 5 36 10 70.3 36 6 100.0
Burglary/Trespass 4 26 7 63.7 23 6 55.8
Child Pornography 20 139 34 35.7 132 24 27.7
Commercialized Vice 15 53 21 68.1 46 10 53.3
Drug Possession 21 10 3 44.4 7 1 16.7
Drug Trafficking 275 104 30 71.7 84 18 33.3
Environmental 1 -- -- -- -- -- --
Extortion/Racketeering 9 51 21 75.6 50 13 81.8
Firearms 310 84 26 54.3 70 18 35.2
Food and Drug 0 -- -- -- -- -- --
Forgery/Counter/Copyright 7 42 16 64.7 36 19 51.4
Fraud/Theft/Embezzlement 104 56 18 80.8 44 13 50.0
Immigration 328 27 10 75.1 20 6 50.0
Individual Rights 3 74 11 32.0 84 13 18.3
Kidnapping 0 -- -- -- -- -- --
Manslaughter 9 119 44 83.3 96 30 23.7
Money Laundering 10 112 39 61.5 72 24 49.4
Murder 9 381 100 42.3 382 65 25.7
National Defense 0 -- -- -- -- -- --
Obscenity/Other Sex Offenses 14 62 32 117.0 48 21 61.1
Prison Offenses 17 24 9 55.6 20 6 50.0
Robbery 96 185 43 33.6 180 30 22.4
Sexual Abuse 38 167 40 96.7 147 22 19.5
Stalking/Harassing 17 79 35 83.9 60 29 50.0
Tax 9 49 13 37.5 50 10 24.4
Other 44 11 4 52.0 9 3 33.3

1
Of the 76,538 cases, in 1,431 the sentence was a variance above the guideline range. Due to an inability to calculate the extent of departure for cases with a sentence
of life, two offenders were excluded from this table. Also, eight offenders were excluded due to several logical criteria. Sentences greater than 470 months and probation
were included in the sentence average computations as 470 months and zero months, respectively. The information in this table includes conditions of confinement as
described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

98 | 2019 Sourcebook

Table 37

EXTENT OF §5K1.1 SUBSTANTIAL ASSISTANCE DEPARTURES

1
BY TYPE OF CRIME
Fiscal Year 2019

Mean Median
Sentence Decrease Percent Sentence Decrease Percent
TYPE OF CRIME N In Months In Months Decrease In Months In Months Decrease
TOTAL 7,134 53 51 52.9 38 36 48.6
Administration of Justice 36 5 12 73.3 0 10 99.8
Antitrust 15 4 7 63.4 4 8 66.7
Arson 9 42 58 51.4 42 25 50.0
Assault 38 70 123 63.6 47 105 66.1
Bribery/Corruption 118 14 29 65.1 12 21 65.0
Burglary/Trespass 1 -- -- -- -- -- --
Child Pornography 28 82 56 42.3 70 54 35.9
Commercialized Vice 9 10 10 57.4 12 9 55.6
Drug Possession 2 -- -- -- -- -- --
Drug Trafficking 4,409 63 59 50.3 54 47 47.4
Environmental 10 5 9 80.5 0 8 100.0
Extortion/Racketeering 21 14 31 69.7 8 15 72.2
Firearms 560 42 33 49.0 33 23 42.2
Food and Drug 0 -- -- -- -- -- --
Forgery/Counter/Copyright 29 10 15 68.9 6 15 70.0
Fraud/Theft/Embezzlement 830 18 27 63.5 12 19 63.4
Immigration 205 14 13 52.8 10 11 45.6
Individual Rights 7 13 25 70.7 3 12 93.5
Kidnapping 13 90 116 55.0 84 87 53.7
Manslaughter 0 -- -- -- -- -- --
Money Laundering 322 53 59 56.4 33 40 52.5
Murder 46 110 133 54.9 86 120 53.8
National Defense 40 24 36 59.9 22 27 58.2
Obscenity/Other Sex Offenses 0 -- -- -- -- -- --
Prison Offenses 11 12 12 48.9 6 6 37.5
Robbery 248 70 58 46.9 63 42 42.4
Sexual Abuse 48 108 86 47.7 99 75 40.8
Stalking/Harassing 2 -- -- -- -- -- --
Tax 69 9 17 70.1 6 12 73.3
Other 8 11 39 76.9 4 33 80.0

1
Of the 76,538 cases, in 7,272 the offender received a §5K1.1 substantial assistance departure below the guideline range. Due to an inability to calculate the
extent of departure for cases with a guideline minimum of life, 74 offenders were excluded from this table. Also, 64 offenders were excluded due to several logical
criteria. Sentences greater than 470 months and probation were included in the sentence average computations as 470 months and zero months, respectively.
The information in this table includes conditions of confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentences Under the Guidelines Manual and Variances | 99

Table 38

EXTENT OF §5K3.1 EARLY DISPOSITION PROGRAM DEPARTURES

1
BY TYPE OF CRIME
Fiscal Year 2019

Mean Median
Sentence Decrease Percent Sentence Decrease Percent
TYPE OF CRIME N In Months In Months Decrease In Months In Months Decrease
TOTAL 7,110 14 12 46.5 9 6 42.0
Administration of Justice 5 16 2 13.8 20 3 12.5
Antitrust 0 -- -- -- -- -- --
Arson 0 -- -- -- -- -- --
Assault 1 -- -- -- -- -- --
Bribery/Corruption 0 -- -- -- -- -- --
Burglary/Trespass 0 -- -- -- -- -- --
Child Pornography 0 -- -- -- -- -- --
Commercialized Vice 0 -- -- -- -- -- --
Drug Possession 0 -- -- -- -- -- --
Drug Trafficking 1,224 30 40 55.9 30 33 57.0
Environmental 0 -- -- -- -- -- --
Extortion/Racketeering 0 -- -- -- -- -- --
Firearms 8 24 20 48.2 17 13 44.9
Food and Drug 0 -- -- -- -- -- --
Forgery/Counter/Copyright 0 -- -- -- -- -- --
Fraud/Theft/Embezzlement 17 7 7 49.7 4 5 33.3
Immigration 5,845 10 7 44.6 7 6 40.0
Individual Rights 0 -- -- -- -- -- --
Kidnapping 0 -- -- -- -- -- --
Manslaughter 0 -- -- -- -- -- --
Money Laundering 6 31 14 40.9 39 14 31.0
Murder 0 -- -- -- -- -- --
National Defense 0 -- -- -- -- -- --
Obscenity/Other Sex Offenses 1 -- -- -- -- -- --
Prison Offenses 3 13 4 22.2 15 3 25.0
Robbery 0 -- -- -- -- -- --
Sexual Abuse 0 -- -- -- -- -- --
Stalking/Harassing 0 -- -- -- -- -- --
Tax 0 -- -- -- -- -- --
Other 0 -- -- -- -- -- --

1
Of the 76,538 cases, in 7,119 the offender received a §5K3.1 early disposition program departure below the guideline range. Nine offenders were excluded due to
several logical criteria. Sentences greater than 470 months and probation were included in the sentence average computations as 470 months and zero months,
respectively. The information in this table includes conditions of confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in
Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

100 | 2019 Sourcebook

Table 39

EXTENT OF OTHER DOWNWARD DEPARTURES

BY TYPE OF CRIME1
Fiscal Year 2019

Mean Median
Sentence Decrease Percent Sentence Decrease Percent
TYPE OF CRIME N In Months In Months Decrease In Months In Months Decrease
TOTAL 3,107 38 25 42.4 18 12 36.7
Administration of Justice 43 9 9 53.9 8 8 49.9
Antitrust 0 -- -- -- -- -- --
Arson 2 -- -- -- -- -- --
Assault 53 33 18 44.4 24 9 37.7
Bribery/Corruption 27 12 16 61.7 8 10 55.6
Burglary/Trespass 2 -- -- -- -- -- --
Child Pornography 93 70 61 48.0 60 54 48.9
Commercialized Vice 7 6 7 77.6 0 6 100.0
Drug Possession 3 3 2 74.5 0 2 100.0
Drug Trafficking 834 64 40 41.2 48 27 36.4
Environmental 12 6 12 76.5 0 12 100.0
Extortion/Racketeering 8 37 25 39.1 40 13 34.7
Firearms 305 37 20 39.8 27 13 31.4
Food and Drug 1 -- -- -- -- -- --
Forgery/Counter/Copyright 11 8 10 61.5 8 7 55.6
Fraud/Theft/Embezzlement 203 20 17 56.1 12 11 52.9
Immigration 1,140 14 9 38.4 12 6 33.3
Individual Rights 3 24 12 52.1 12 12 33.3
Kidnapping 6 144 126 47.2 136 133 48.0
Manslaughter 5 54 11 22.0 15 4 14.8
Money Laundering 66 27 34 61.7 10 17 59.4
Murder 25 127 89 39.3 132 64 36.7
National Defense 23 35 38 46.5 26 19 43.5
Obscenity/Other Sex Offenses 12 11 9 48.0 12 9 31.0
Prison Offenses 30 8 8 51.3 7 6 40.9
Robbery 100 70 38 37.3 60 27 31.7
Sexual Abuse 59 153 71 34.1 138 60 26.7
Stalking/Harassing 14 17 18 56.0 21 16 47.4
Tax 15 14 16 57.0 9 12 57.1
Other 5 4 4 53.6 3 5 46.7

1
Of the 76,538 cases, in 3,162 the sentence was a downward departure from the guideline range, either due to a government motion for a departure (1,410) or a
non-government departure (1,752). Due to an inability to calculate the extent of departure for cases with a guideline minimum of life, 16 offenders were excluded
from this table. Also, 39 offenders were excluded due to several logical criteria. Sentences greater than 470 months and probation were included in the sentence
average computations as 470 months and zero months, respectively. The information in this table includes conditions of confinement as described in USSG §5C1.1.
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentences Under the Guidelines Manual and Variances | 101

Table 40

EXTENT OF DOWNWARD VARIANCES

BY TYPE OF CRIME1
Fiscal Year 2019

Mean Median
Sentence Decrease Percent Sentence Decrease Percent
TYPE OF CRIME N In Months In Months Decrease In Months In Months Decrease
TOTAL 17,108 50 26 42.9 28 14 34.8
Administration of Justice 217 7 11 67.2 4 9 74.8
Antitrust 2 -- -- -- -- -- --
Arson 15 21 21 56.6 24 22 47.8
Assault 233 51 22 44.1 26 12 33.6
Bribery/Corruption 127 24 19 55.2 12 12 50.0
Burglary/Trespass 16 9 10 54.7 9 6 44.1
Child Pornography 782 80 51 40.5 71 43 38.1
Commercialized Vice 26 11 8 49.3 12 6 48.9
Drug Possession 17 1 4 85.8 0 2 100.0
Drug Trafficking 6,113 73 36 37.8 60 24 31.0
Environmental 64 3 11 84.2 0 9 99.8
Extortion/Racketeering 52 20 20 58.5 11 13 55.2
Firearms 2,582 39 19 40.0 27 12 31.4
Food and Drug 12 25 21 58.7 18 21 61.8
Forgery/Counter/Copyright 91 8 12 60.9 6 8 55.6
Fraud/Theft/Embezzlement 2,061 20 14 54.4 12 10 48.9
Immigration 2,406 12 7 43.6 8 6 33.3
Individual Rights 14 32 26 50.5 16 11 49.1
Kidnapping 31 121 61 33.4 108 48 31.0
Manslaughter 14 35 16 43.4 24 13 22.6
Money Laundering 438 50 33 48.3 30 19 39.8
Murder 51 169 91 34.7 150 81 33.3
National Defense 71 39 37 53.9 20 26 51.4
Obscenity/Other Sex Offenses 123 10 11 53.5 9 9 48.7
Prison Offenses 142 9 7 50.7 6 6 48.3
Robbery 597 86 29 28.1 76 21 21.7
Sexual Abuse 364 154 65 32.5 156 55 28.9
Stalking/Harassing 72 16 14 49.9 12 10 49.8
Tax 311 11 13 61.6 8 12 55.4
Other 64 11 23 77.8 0 8 99.3

1
Of the 76,538 cases, in 17,608 the sentence was a variance below the guideline range, either due to a government motion for a variance (4,083) or a non-government
variance (13,525). Due to an inability to calculate the extent of departure for cases with a guideline minimum of life, 167 offenders were excluded from this table.
Also, 333 offenders were excluded due to several logical criteria. Sentences greater than 470 months and probation were included in the sentence average
computations as 470 months and zero months, respectively. The information in this table includes conditions of confinement as described in USSG §5C1.1.
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

102 | 2019 Sourcebook

Table 41
REASONS GIVEN BY SENTENCING COURTS FOR
UPWARD DEPARTURES FROM THE GUIDELINE RANGE1
Fiscal Year 2019

REASONS N %
Criminal history issues 313 27.9
Dismissed and uncharged conduct (§5K2.21) 85 7.6
General aggravating circumstances (§5K2.0) 75 6.7
Pursuant to plea agreement 61 5.4
Reflect seriousness of offense/promotes respect for law/just punishment 59 5.3
Protect public from further crimes 56 5.0
Afford adequate deterrence to criminal conduct 53 4.7
The nature and circumstance of the offense 36 3.2
The history and characteristics of the defendant 36 3.2
Criminal history issues in application of §2L1.2 32 2.9
Extreme conduct (§5K2.8) 26 2.3
Death (§5K2.1) 20 1.8
Weapons/dangerous instrumentalities (§5K2.6) 16 1.4
Physical injury (§5K2.2) 11 1.0
Propensity for violence 11 1.0
Role in the offense 10 0.9
Victim impact 9 0.8
Nature or seriousness of the offense 9 0.8
Conduct while on release, bond, or supervision 9 0.8
Provide educational or vocational training 8 0.7
General guideline adequacy issues 8 0.7
Avoid unwarranted sentencing disparity 7 0.6
Drug dependence and alcohol abuse (§5H1.4) 5 0.4
Provide medical care 5 0.4
Provide correctional treatment 5 0.4
Increase over similar prior’s sentence 5 0.4
Deterrence 4 0.4
Acceptance of responsibility 4 0.4
Other 143 12.8
TOTAL 1,121 100.0

1
Of the 76,538 cases, in 364 the sentence was an upward departure. Courts may cite multiple reasons for sentencing outside the guideline
range; consequently, the total number of reasons cited generally exceeds the total number of cases. In this table, 1,121 reasons were cited
for the 364 cases. The 'Other' category includes all reasons cited fewer than four times among relevant cases and 30 cases where the
Statement of Reason was received, but there was insufficient documentation provided to determine some of the reasons for the sentence.
Descriptions of the variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentences Under the Guidelines Manual and Variances | 103

Table 42
REASONS GIVEN BY SENTENCING COURTS FOR
UPWARD VARIANCES FROM THE GUIDELINE RANGE1
Fiscal Year 2019

REASONS N %
Reflect seriousness of offense/promotes respect for law/just punishment 950 14.0
Afford adequate deterrence to criminal conduct 794 11.7
Protect public from further crimes 734 10.8
The history and characteristics of the defendant 678 10.0
The nature and circumstance of the offense 650 9.6
Criminal history issues 641 9.5
General aggravating circumstances (§5K2.0) 182 2.7
Pursuant to plea agreement 168 2.5
Dismissed and uncharged conduct (§5K2.21) 139 2.1
Avoid unwarranted sentencing disparity 118 1.7
Victim impact 107 1.6
Extreme conduct (§5K2.8) 99 1.5
Role in the offense 92 1.4
Provide correctional treatment 83 1.2
Provide educational or vocational training 62 0.9
Propensity for violence 62 0.9
Drug dependence and alcohol abuse (§5H1.4) 60 0.9
Lack of remorse 59 0.9
Provide medical care 46 0.7
Conduct while on release, bond, or supervision 39 0.6
Acceptance of responsibility 38 0.6
Age (§5H1.1) 36 0.5
Weapons/dangerous instrumentalities (§5K2.6) 33 0.5
Mental and emotional conditions 26 0.4
Provide restitution to any victims 25 0.4
Nature and circumstance of offense/history of defendant 24 0.4
Lack of youthful guidance/tragic or troubled childhood 20 0.3
General guideline adequacy issues 20 0.3
Previous employment record (§5H1.5) 19 0.3
Family ties and responsibilities (§5H1.6) 19 0.3
Mens Rea 19 0.3
Increase over similar prior’s sentence 19 0.3
Other 717 10.6
TOTAL 6,778 100.0

1
Of the 76,538 cases, in 1,431 the sentence was a variance above the guideline range. Courts may cite multiple reasons for sentencing
outside the guideline range; consequently, the total number of reasons cited generally exceeds the total number of cases. In this table,
6,778 reasons were cited for the 1,431 cases. The 'Other' category includes all reasons cited fewer than 19 times among
relevant cases and 139 cases where the Statement of Reason was received, but there was insufficient documentation provided to
determine some of the reasons for the sentence. Descriptions of the variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

104 | 2019 Sourcebook

Table 43
REASONS GIVEN BY SENTENCING COURTS FOR
DOWNWARD DEPARTURES FROM THE GUIDELINE RANGE1
Fiscal Year 2019

REASONS N %
Early disposition program (EDP) (§5K3.1) 7,280 15.5
Substantial assistance with government motion (§5K1.1) 7,272 15.5
The history and characteristics of the defendant 2,819 6.0
Criminal history issues 2,768 5.9
General mitigating circumstances (§5K2.0) 1,870 4.0
Family ties and responsibilities (§5H1.6) 1,792 3.8
Reflect seriousness of offense/promotes respect for law/just punishment 1,730 3.7
Afford adequate deterrence to criminal conduct 1,534 3.3
The nature and circumstance of the offense 1,506 3.2
Avoid unwarranted sentencing disparity 1,129 2.4
Age (§5H1.1) 1,085 2.3
Protect public from further crimes 929 2.0
Drug dependence/alcohol abuse (§5H1.4) 875 1.9
Mental and emotional conditions 789 1.7
Rehabilitation 739 1.6
Previous employment record (§5H1.5) 731 1.6
Pursuant to plea agreement 710 1.5
Role in the offense 653 1.4
Acceptance of responsibility 647 1.4
Remorse 582 1.2
Lack of youthful guidance/tragic or troubled childhood 550 1.2
Physical condition (§5H1.4) 507 1.1
Aberrant behavior (§5K2.20) 453 1.0
Conduct while on release, bond, or supervision 396 0.8
First Step Act safety valve expansion 351 0.7
Waiver of appeal 320 0.7
Nonviolent offense/offender 311 0.7
Provide correctional treatment 294 0.6
Early plea 278 0.6
Time served/U.S. v. Barrera-Saucedo 232 0.5
Provide educational or vocational training 217 0.5
Cooperation without motion (not §5K1.1) 204 0.4
Educational and vocational skills (§5H1.2) 200 0.4
Community ties (§5H1.6) 182 0.4
Other 4,945 10.5
TOTAL 46,880 100.0
1
Of the 76,538 cases, in 17,553 the sentence was a downward departure from the guideline range. Courts may cite multiple reasons for
sentencing outside the guideline range; consequently, the total number of reasons cited generally exceeds the total number of cases. In this
table, 46,880 reasons were cited for the 17,553 cases. The 'Other' category includes all reasons cited fewer than 182 times among relevant
cases and 383 cases where the Statement of Reason was received, but there was insufficient documentation provided to determine some of
the reasons for the sentence. Descriptions of the variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Sentences Under the Guidelines Manual and Variances | 105

Table 44
REASONS GIVEN BY SENTENCING COURTS FOR
DOWNWARD VARIANCES FROM THE GUIDELINE RANGE1
Fiscal Year 2019

REASONS N %
The history and characteristics of the defendant 10,847 11.5
Reflect seriousness of offense/promotes respect for law/just punishment 8,312 8.8
Afford adequate deterrence to criminal conduct 6,920 7.3
The nature and circumstance of the offense 6,273 6.6
Criminal history issues 5,707 6.0
Protect public from further crimes 4,511 4.8
Family ties and responsibilities (§5H1.6) 3,996 4.2
Avoid unwarranted sentencing disparity 3,769 4.0
Age (§5H1.1) 2,718 2.9
Drug dependence/alcohol abuse (§5H1.4) 2,531 2.7
Acceptance of responsibility 2,187 2.3
Mental and emotional conditions 2,155 2.3
Previous employment record (§5H1.5) 2,132 2.3
Remorse 2,077 2.2
Role in the offense 2,034 2.1
Lack of youthful guidance/tragic or troubled childhood 1,837 1.9
Rehabilitation 1,761 1.9
Nonviolent offense/offender 1,441 1.5
General mitigating circumstances (§5K2.0) 1,365 1.4
Provide correctional treatment 1,356 1.4
Provide educational or vocational training 1,105 1.2
Conduct while on release, bond, or supervision 1,020 1.1
Physical condition (§5H1.4) 1,010 1.1
Cooperation without motion (not §5K1.1) 829 0.9
Community ties (§5H1.6) 812 0.9
Pursuant to plea agreement 810 0.9
Aberrant behavior (§5K2.20) 756 0.8
Provide restitution to any victims 748 0.8
Time served/U.S. v. Barrera-Saucedo 658 0.7
Provide medical care 632 0.7
Low likelihood of recidivism/not a risk to community 497 0.5
First Step Act safety valve expansion 478 0.5
Charitable service/good works 458 0.5
Other 10,930 11.5
TOTAL 94,672 100.0

1
Of the 76,538 cases, in 17,608 the sentence was a variance below the guideline range. Courts may cite multiple reasons for sentencing
outside the guideline range; consequently, the total number of reasons cited generally exceeds the total number of cases. In this table, 94,672
reasons were cited for the 17,608 cases. The 'Other' category includes all reasons cited fewer than 458 times among relevant cases and
1,295 cases where the Statement of Reason was received, but there was insufficient documentation provided to determine some of the
reasons for the sentence. Descriptions of the variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

106 | 2019 Sourcebook
DRUG OFFENSES
108 | 2019 Sourcebook

Figure D-1

DISTRIBUTION OF PRIMARY DRUG TYPE

IN FEDERAL DRUG CASES1, 2
Fiscal Year 2019

Powder Cocaine
17.9%

Methamphetamine Crack Cocaine

42.2% 7.8%

Heroin
12.6%

Marijuana
Other 8.6%
10.9%

1 Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, one was

excluded due to missing information on drug type. Descriptions of variables used in this figure are provided in Appendix A.
2 The 'Other' drug category includes the remaining primary drug types of which the following have more than 50 cases:

Fentanyl N-Phenyl (900), Oxycodone/Oxycontin (464), Fentanyl Analogue (101), MDMA/Ecstasy/MDA (93), Hydrocodone
(90), and Synthetic Cannabinoid (63).
SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.
 Table D-1

1
PRIMARY DRUG TYPE OF DRUG TRAFFICKING OFFENDERS
Fiscal Year 2019

§2D1.10
§2D1.5 §2D1.8 Endangering
§2D1.1 §2D1.2 Continuing §2D1.6 Rent/Manage Human Life §2D1.14
Drug Protected Criminal Communication Drug While Narco-
Trafficking Locations Enterprise Facility Establishment Manufacturing Terrorism
DRUG TYPE TOTAL N % N % N % N % N % N % N %

TOTAL 19,765 19,463 98.5 281 1.4 2 0.0 0 0.0 12 0.1 7 0.0 0 0.0

Powder Cocaine 3,581 3,430 95.8 149 4.2 1 0.0 0 0.0 1 0.0 0 0.0 0 0.0

Crack Cocaine 1,565 1,506 96.2 57 3.6 0 0.0 0 0.0 2 0.1 0 0.0 0 0.0

Heroin 2,509 2,484 99.0 25 1.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0

Marijuana 1,675 1,665 99.4 4 0.2 0 0.0 0 0.0 0 0.0 6 0.4 0 0.0

Methamphetamine 8,435 8,394 99.5 32 0.4 1 0.0 0 0.0 8 0.1 0 0.0 0 0.0

Other 2,000 1,984 99.2 14 0.7 0 0.0 0 0.0 1 0.1 1 0.1 0 0.0

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism).
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Drug Offenses
|
109
 110
|

Table D-2

1
RACE OF DRUG TRAFFICKING OFFENDERS
Fiscal Year 2019
2019 Sourcebook

WHITE BLACK HISPANIC OTHER

DRUG TYPE TOTAL N % N % N % N %

TOTAL 19,734 4,968 25.2 5,406 27.4 8,737 44.3 623 3.2

Powder Cocaine 3,575 229 6.4 968 27.1 2,345 65.6 33 0.9

Crack Cocaine 1,560 82 5.3 1,265 81.1 197 12.6 16 1.0

Heroin 2,506 389 15.5 1,068 42.6 1,022 40.8 27 1.1

Marijuana 1,672 224 13.4 235 14.1 1,130 67.6 83 5.0

Methamphetamine 8,427 3,346 39.7 1,122 13.3 3,580 42.5 379 4.5

Other 1,994 698 35.0 748 37.5 463 23.2 85 4.3

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14
(Narco-Terrorism). Of these 19,765 cases, 31 were excluded due to missing information on offender's race. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table D-3

GENDER OF DRUG TRAFFICKING OFFENDERS1

Fiscal Year 2019

MALE FEMALE
DRUG TYPE TOTAL N % N %

TOTAL 19,765 16,450 83.2 3,315 16.8

Powder Cocaine 3,581 3,187 89.0 394 11.0

Crack Cocaine 1,565 1,438 91.9 127 8.1

Heroin 2,509 2,155 85.9 354 14.1

Marijuana 1,675 1,460 87.2 215 12.8

Methamphetamine 8,435 6,575 77.9 1,860 22.1

Other 2,000 1,635 81.8 365 18.3

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism). Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Drug Offenses
|
111
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|

Table D-4

AGE OF DRUG TRAFFICKING OFFENDERS1

Fiscal Year 2019
2019 Sourcebook

Under 21 21 to 25 26 to 30 31 to 35 36 to 40 41 to 50 51 to 60 Over 60
DRUG TYPE TOTAL N % N % N % N % N % N % N % N %

TOTAL 19,765 517 2.6 2,392 12.1 3,523 17.8 3,734 18.9 3,477 17.6 4,012 20.3 1,628 8.2 482 2.4

Powder Cocaine 3,581 52 1.5 337 9.4 610 17.0 653 18.2 654 18.3 871 24.3 315 8.8 89 2.5

Crack Cocaine 1,565 20 1.3 162 10.4 310 19.8 328 21.0 306 19.6 292 18.7 116 7.4 31 2.0

Heroin 2,509 43 1.7 317 12.6 515 20.5 460 18.3 402 16.0 494 19.7 196 7.8 82 3.3

Marijuana 1,675 138 8.2 359 21.4 319 19.0 283 16.9 193 11.5 237 14.1 113 6.7 33 2.0

Methamphetamine 8,435 218 2.6 959 11.4 1,403 16.6 1,640 19.4 1,608 19.1 1,732 20.5 721 8.5 154 1.8

Other 2,000 46 2.3 258 12.9 366 18.3 370 18.5 314 15.7 386 19.3 167 8.4 93 4.7

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism).
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table D-5

1
CITIZENSHIP OF DRUG TRAFFICKING OFFENDERS
Fiscal Year 2019

U.S. CITIZEN NON-U.S. CITIZEN

DRUG TYPE TOTAL N % N %

TOTAL 19,743 15,556 78.8 4,187 21.2

Powder Cocaine 3,567 2,302 64.5 1,265 35.5

Crack Cocaine 1,565 1,537 98.2 28 1.8

Heroin 2,509 2,055 81.9 454 18.1

Marijuana 1,674 949 56.7 725 43.3

Methamphetamine 8,428 6,916 82.1 1,512 17.9

Other 2,000 1,797 89.9 203 10.2

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism). Of these 19,765 cases, 22 were excluded due to missing information on offender's citizenship status. Descriptions of variables
used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Drug Offenses
|
113
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|

Table D-6

1
EDUCATION OF DRUG TRAFFICKING OFFENDERS
Fiscal Year 2019

LESS THAN HIGH

2019 Sourcebook

HIGH SCHOOL SCHOOL SOME COLLEGE

GRADUATE GRADUATE COLLEGE GRADUATE
DRUG TYPE TOTAL N % N % N % N %

TOTAL 19,715 7,530 38.2 7,641 38.8 3,826 19.4 718 3.6

Powder Cocaine 3,568 1,474 41.3 1,267 35.5 679 19.0 148 4.1

Crack Cocaine 1,563 631 40.4 692 44.3 220 14.1 20 1.3

Heroin 2,502 967 38.6 1,016 40.6 450 18.0 69 2.8

Marijuana 1,672 836 50.0 462 27.6 302 18.1 72 4.3

Methamphetamine 8,415 3,052 36.3 3,467 41.2 1,679 20.0 217 2.6

Other 1,995 570 28.6 737 36.9 496 24.9 192 9.6

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14
(Narco-Terrorism). Of these 19,765 cases, 50 were excluded due to missing information on offender's education. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table D-7

CRIMINAL HISTORY CATEGORY OF DRUG TRAFFICKING OFFENDERS1

Fiscal Year 2019

CRIMINAL HISTORY CATEGORY

I II III IV V VI
DRUG TYPE TOTAL N % N % N % N % N % N %

TOTAL 19,765 8,898 45.0 2,416 12.2 2,885 14.6 1,764 8.9 1,117 5.7 2,685 13.6

Powder Cocaine 3,581 2,231 62.3 394 11.0 434 12.1 197 5.5 89 2.5 236 6.6

Crack Cocaine 1,565 294 18.8 212 13.5 315 20.1 206 13.2 135 8.6 403 25.8

Heroin 2,509 942 37.5 343 13.7 419 16.7 247 9.8 156 6.2 402 16.0

Marijuana 1,675 1,092 65.2 205 12.2 181 10.8 88 5.3 34 2.0 75 4.5

Methamphetamine 8,435 3,379 40.1 972 11.5 1,245 14.8 870 10.3 614 7.3 1,355 16.1

Other 2,000 960 48.0 290 14.5 291 14.6 156 7.8 89 4.5 214 10.7

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism).
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Drug Offenses
|
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|

Table D-8

WEAPON INVOLVEMENT OF DRUG TRAFFICKING OFFENDERS1

Fiscal Year 2019
2019 Sourcebook

NO WEAPON WEAPON
INVOLVED INVOLVED
DRUG TYPE TOTAL N % N %

TOTAL 19,434 14,853 76.4 4,581 23.6

Powder Cocaine 3,512 2,867 81.6 645 18.4

Crack Cocaine 1,551 959 61.8 592 38.2

Heroin 2,468 1,948 78.9 520 21.1

Marijuana 1,651 1,385 83.9 266 16.1

Methamphetamine 8,281 6,122 73.9 2,159 26.1

Other 1,971 1,572 79.8 399 20.2

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism). Of these, 19,434 cases contained complete guideline application information. Descriptions of variables used in this table are
provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table D-9

ROLE ADJUSTMENT OF DRUG TRAFFICKING OFFENDERS1

Fiscal Year 2019

No Role Mitigating Role Aggravating Role

Adjustment Adjustment Adjustment
DRUG TYPE TOTAL N % N % N %

TOTAL 19,434 14,252 73.3 3,756 19.3 1,426 7.3

Powder Cocaine 3,512 2,539 72.3 638 18.2 335 9.5

Crack Cocaine 1,551 1,392 89.7 59 3.8 100 6.4

Heroin 2,468 1,856 75.2 378 15.3 234 9.5

Marijuana 1,651 919 55.7 633 38.3 99 6.0

Methamphetamine 8,281 5,961 72.0 1,845 22.3 475 5.7

Other 1,971 1,585 80.4 203 10.3 183 9.3

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or
2D1.14 (Narco-Terrorism). Of these, 19,434 contained complete guideline application information. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Drug Offenses
|
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Table D-10

DRUG AMOUNTS (IN GRAMS) FOR SELECTED

BASE OFFENSE LEVELS AND DRUG TYPES1
Fiscal Year 2019

Base Offense Level and Quantity Range

DRUG TYPE 12 24 30 38
Powder Cocaine Less than 50G 500G - 1,999G 5,000G - 14,999G At least 450,000G
N 100 317 381 300

Mean 18.7 1,095.8 8,982.5 1,348,435.3

Median 18.2 1,000.0 9,040.0 1,004,700.0

Crack Cocaine Less than 2.8G 28G - 111G 280G - 839G At least 25,200G
N 48 156 32 3

Mean 1.4 61.9 465.0 51,723.3

Median 1.4 60.3 436.0 29,540.0

Heroin Less than 10G 100G - 399G 1,000G - 2,999G At least 90,000G
N 101 205 191 9

Mean 2.9 216.9 1,719.4 130,787.8

Median 2.0 203.1 1,800.0 116,000.0

Marijuana 5,000G - 9,999G 100,000G - 399,999G 1,000,000G - 2,999,999G At least 90,000,000G

N 29 423 50 0

Mean 7,261.6 172,785.2 1,825,496.4 --

Median 6,900.0 145,000.0 1,945,000.0 --

Methamphetamine Mix Less than 5G 50G - 199G 500G - 1,499G At least 45,000G
N 33 198 218 56

Mean 2.9 107.5 939.0 108,233.3

Median 3.4 106.8 907.2 65,330.0

Methamphetamine Actual Less than 0.5G 5G - 19G 50G - 149G At least 4,500G
N 2 160 507 387

Mean -- 11.6 87.4 18,217.8

Median -- 11.9 82.4 10,000.0

1
Of the 76,538 cases, 19,463 were sentenced under §2D1.1 (Drug Trafficking). Of these, 19,142 cases had complete guideline application information. Of these 19,142
cases, 17,095 involved powder cocaine, crack cocaine, heroin, marijuana, methamphetamine actual or mix. Of these 17,095 cases, 7,086 had a base offense level of 12, 24,
30, or 38. Of these 7,086 cases, 3,180 were excluded due to one or more of the following reasons: involvement of more than one drug type (1,694), missing drug amount
or range (1,577), amendment year earlier than 2014 (6), or logical criteria (10). The methamphetamine actual category also includes ICE. Descriptions of variables used in
this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table D-11

1
LENGTH OF MANDATORY MINIMUM PENALTIES IN DRUG TRAFFICKING CASES
Fiscal Year 2019

No Drug Five-Year Drug Ten-Year or More Drug

2 3
Mandatory Minimum Mandatory Minimum Mandatory Minimum
DRUG TYPE TOTAL N % N % N %

TOTAL 19,757 6,906 35.0 4,867 24.6 7,984 40.4

Powder Cocaine 3,581 932 26.0 1,037 29.0 1,612 45.0

Crack Cocaine 1,565 838 53.5 478 30.5 249 15.9

Heroin 2,509 1,056 42.1 653 26.0 800 31.9

Marijuana 1,675 1,059 63.2 516 30.8 100 6.0

Methamphetamine 8,427 1,626 19.3 1,898 22.5 4,903 58.2

Other 2,000 1,395 69.8 285 14.3 320 16.0

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or
2D1.14 (Narco-Terrorism). Of the remaining cases, eight were excluded because the offender was convicted of a mandatory minimum penalty from one of the following statutes: 21 U.S.C. § 860a or
21 U.S.C. § 865. Descriptions of variables used in this table are provided in Appendix A.

2
Includes 121 offenders whose drug mandatory minimum penalty was 12 months or less.

3
Includes 402 offenders whose drug mandatory minimum penalty was greater than ten years.
Drug Offenses
|

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

119
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|

Table D-12

1
APPLICATION OF RECIDIVIST PENALTIES IN DRUG TRAFFICKING CASES
Fiscal Year 2019
2019 Sourcebook

ENHANCEMENT ENHANCEMENT ENHANCEMENT

2 NOT WITHDRAWN
FILED WITHDRAWN
DRUG TYPE N N % N %

TOTAL 1,705 702 41.2 1,003 58.8

Powder Cocaine 267 95 35.6 172 64.4

Crack Cocaine 265 104 39.2 161 60.8

Heroin 298 102 34.2 196 65.8

Marijuana 85 20 23.5 65 76.5

Methamphetamine 648 341 52.6 307 47.4

Other 142 40 28.2 102 71.8

1
Of the 1,714 cases in which notice of an enhanced penalty was given under 21 U.S.C. § 851, nine were excluded due to missing or undetermined withdrawal information. Descriptions
of variables used in this table are provided in Appendix A.

2
Includes 120 cases in which the enhancement was not formally withdrawn but where the court determined that the enhancement did not apply at the time of sentencing.

SOURCE: U.S. Sentencing Commission, 2019 851 Datafile, DRUG851FY19.

 Table D-13

DRUG TRAFFICKING OFFENDERS RECEIVING SAFETY VALVE AND

1, 5
MANDATORY MINIMUM PENALTIES
Fiscal Year 2019

NO SAFETY VALVE SAFETY VALVE

No Drug Drug No Drug Drug
2 3
Mandatory Minimum Mandatory Minimum Mandatory Minimum Mandatory Minimum4
DRUG TYPE TOTAL N % N % N % N %

TOTAL 19,428 5,306 27.3 7,472 38.5 1,487 7.7 5,163 26.6

Powder Cocaine 3,512 746 21.2 1,178 33.5 173 4.9 1,415 40.3

Crack Cocaine 1,551 792 51.1 646 41.7 34 2.2 79 5.1

Heroin 2,468 886 35.9 890 36.1 155 6.3 537 21.8

Marijuana 1,646 580 35.2 219 13.3 459 27.9 388 23.6

Methamphetamine 8,280 1,286 15.5 4,160 50.2 305 3.7 2,529 30.5

Other 1,971 1,016 51.5 379 19.2 361 18.3 215 10.9

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or
2D1.14 (Narco-Terrorism). Of these, 19,434 cases contained complete guideline application information. Of these 19,434 cases, six were excluded due to missing safety valve or mandatory minimum
information. Descriptions of variables used in this table are provided in Appendix A.

2
This column includes 197 cases where the court indicated a variance based on the expanded safety valve eligibility under the First Step Act, but the offender was not eligible to receive
the guideline safety valve reduction.

3
For offenders with no drug mandatory minimum penalty, use of the term 'safety valve' on this table means that the court indicated that the two-level reduction at §2D1.1 applied because the offender met the
criteria set forth at §5C1.2.

4
For offenders with a drug mandatory minimum penalty, use of the term 'safety valve' on this table means that the court sentenced the offender without regard to any applicable mandatory minimum
penalty (in accordance with the 'safety valve' provision of 18 U.S.C. § 3553(f), incorporated into the guidelines at §5C1.2).

5
Effective November 1, 2012, the safety valve reduction was added to §2D1.11 (Unlawfully Distributing a Listed Chemical). There were 27 offenders sentenced under §2D1.11 as the primary sentencing
Drug Offenses

guideline in which the 2012 or later Guidelines Manual was applied with complete guideline application information. Of these cases, the safety valve reduction was applied for eight offenders.
|

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

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Figure D-2

MANDATORY MINIMUM PENALTIES IN DRUG TRAFFICKING CASES1

Fiscal Year 2019

LENGTH OF MANDATORY MINIMUM PENALTIES

240 Months
or More
1.2% Life
180 Months 0.1%
0.7%

No Drug
Mandatory
Minimum
Penalty
120 Months 34.3%
38.4%

60 Months
24.6% Less than
60 Months
0.6%

RELIEF FROM MANDATORY MINIMUM PENALTIES

Both §5K1.1 and

Safety Valve
9.2%

No Relief
42.2%
Safety Valve
31.6%

§5K1.1
Substantial
Assistance
17.1%

¹ Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these,
19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism). Of these 19,765 cases, eight were
excluded because the offender was convicted of a mandatory minimum penalty from one of the following statutes:
21 U.S.C. § 860a or 21 U.S.C. § 865. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table D-14

SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE FOR DRUG TRAFFICKING OFFENDERS1
Fiscal Year 2019

WITHIN
GUIDELINE DEPARTURE
RANGE UPWARD §5K1.1 §5K3.1 DOWNWARD VARIANCE2
DRUG TYPE TOTAL N % N % N % N % N % N %

TOTAL 19,762 6,723 34.0 64 0.3 4,457 22.6 1,220 6.2 837 4.2 6,461 32.7

Powder Cocaine 3,580 1,405 39.2 6 0.2 787 22.0 140 3.9 134 3.7 1,108 30.9

Crack Cocaine 1,564 628 40.2 10 0.6 247 15.8 0 0.0 74 4.7 605 38.7

Heroin 2,508 915 36.5 20 0.8 539 21.5 91 3.6 104 4.1 839 33.5

Marijuana 1,675 804 48.0 9 0.5 209 12.5 122 7.3 94 5.6 437 26.1

Methamphetamine 8,435 2,335 27.7 8 0.1 2,186 25.9 832 9.9 358 4.2 2,716 32.2

Other 2,000 636 31.8 11 0.6 489 24.5 35 1.8 73 3.7 756 37.8

1
Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism).
Of these 19,765 cases, three were excluded because information was missing from the submitted documents that prevented the comparison of the sentence and the guideline range. Descriptions of variables used in this
table are provided in Appendix A.

2
Of the 6,461 variance cases, in 470 cases the court cited First Step Act safety valve expansion as a reason for the sentence.
Drug Offenses

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

|
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Figure D-3

SENTENCE LENGTH OF DRUG TRAFFICKING OFFENDERS

BY MAJOR DRUG TYPE1
Fiscal Year 2019

Powder Cocaine Average sentence in

60 70 bold at end of bar
(N=3,581)
Median sentence in
italics.

Crack Cocaine
(N=1,565) 60 78

Heroin
(N=2,509) 57 70

Marijuana
20 31
(N=1,675)

Methamphetamine
(N=8,435)
78 95

0 12 24 36 48 60 72 84 96 108 120
Average and Median Sentence Length (Months)

1 Of the 76,538 cases, in 20,085 the offender was sentenced under USSG Chapter Two, Part D (Drugs). Of these, 19,765 offenders were sentenced under

§§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 While Manufacturing), or 2D1.14 (Narco-Terrorism). Sentences of 470 months or
greater (including life) and probation were included in the sentence average computations as 470 months and zero months, respectively. The information in
this figure includes conditions of confinement as described in USSG §5C1.1. Italicized numbers depict median values and the bolded numbers at the end of
the bar indicate average values. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Figure D-4

NUMBER OF DRUG TRAFFICKING OFFENDERS

BY MAJOR DRUG TYPE OVER TIME1
Fiscal Years 2010 - 2019
Number of
Offenders
Powder Cocaine Crack Cocaine Heroin Marijuana Methamphetamine
9,000

8,000

7,000

6,000

5,000

4,000

3,000

2,000

1,000

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
1 Only offenders sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism) are depicted in this figure. Additional cases were excluded due to
Drug Offenses

missing information on drug type. Descriptions of variables used in this figure are provided in Appendix A.
|

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.

125
 126

Figure D-5
|

SENTENCE LENGTH OF DRUG TRAFFICKING OFFENDERS

BY MAJOR DRUG TYPE OVER TIME1
Fiscal Years 2010 - 2019
Months
Powder Cocaine Crack Cocaine Heroin Marijuana Methamphetamine
120
2019 Sourcebook

96

72

48

24

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
1 Only offenders sentenced under §§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 While Manufacturing), or 2D1.14 (Narco-Terrorism) are depicted in this figure. Sentences of 470 months or greater (including life) and
probation were included in the sentence average computations as 470 months and zero months, respectively. The information in this figure includes conditions of confinement as described in USSG
§5C1.1. Cases missing drug type or sentencing information were also excluded. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.

IMMIGRATION OFFENSES
128 | 2019 Sourcebook

Figure I-1

DISTRIBUTION OF IMMIGRATION OFFENDERS

BY GUIDELINE1
Fiscal Year 2019

§2L2.2
§2L2.1 3.6%
0.4%

§2L1.1
13.1%

§2L1.2
82.9%

1 Of the 76,538 cases, 26,630 offenders were sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or

Remaining in the United States), 2L2.1 (Trafficking in Immigration Documents, or Making False or Fraudulent
Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents). Descriptions of variables used in this
figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table I-1

1
RACE OF IMMIGRATION OFFENDERS
Fiscal Year 2019

WHITE BLACK HISPANIC OTHER

GUIDELINE TOTAL N % N % N % N %

TOTAL 26,460 511 1.9 297 1.1 25,513 96.4 139 0.5

§2L1.1 3,480 293 8.4 154 4.4 2,940 84.5 93 2.7

§2L1.2 21,934 156 0.7 64 0.3 21,702 98.9 12 0.1

§2L2.1 103 15 14.6 13 12.6 64 62.1 11 10.7

§2L2.2 943 47 5.0 66 7.0 807 85.6 23 2.4

1
Of the 76,538 cases, 26,630 offenders were sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States), 2L2.1 (Trafficking in Immigration Documents,
or Making False or Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents). Of these 26,630 offenders, 170 were excluded due to missing information on
offender's race. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Immigration Offenses
|
129
 130
|

Table I-2

GENDER OF IMMIGRATION OFFENDERS1

Fiscal Year 2019
2019 Sourcebook

MALE FEMALE
GUIDELINE TOTAL N % N %

TOTAL 26,613 24,748 93.0 1,865 7.0

§2L1.1 3,486 2,592 74.4 894 25.6

§2L1.2 22,070 21,289 96.5 781 3.5

§2L2.1 104 71 68.3 33 31.7

§2L2.2 953 796 83.5 157 16.5

1
Of the 76,538 cases, 26,630 offenders were sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States), 2L2.1 (Trafficking in
Immigration Documents, or Making False or Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents). Of these 26,630 offenders, 17 were
excluded due to missing information on offender's gender. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table I-3

1
AGE OF IMMIGRATION OFFENDERS
Fiscal Year 2019

Under 21 21 to 25 26 to 30 31 to 35 36 to 40 41 to 50 51 to 60 Over 60
GUIDELINE TOTAL N % N % N % N % N % N % N % N %

TOTAL 26,630 1,034 3.9 3,398 12.8 4,724 17.7 5,251 19.7 4,756 17.9 5,549 20.8 1,627 6.1 291 1.1

§2L1.1 3,487 384 11.0 772 22.1 643 18.4 491 14.1 431 12.4 494 14.2 218 6.3 54 1.5

§2L1.2 22,077 592 2.7 2,480 11.2 3,928 17.8 4,597 20.8 4,162 18.9 4,810 21.8 1,314 6.0 194 0.9

§2L2.1 104 1 1.0 4 3.8 16 15.4 17 16.3 15 14.4 30 28.8 18 17.3 3 2.9

§2L2.2 962 57 5.9 142 14.8 137 14.2 146 15.2 148 15.4 215 22.3 77 8.0 40 4.2

1
Of the 76,538 cases, 26,630 offenders were sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States), 2L2.1 (Trafficking in Immigration Documents, or Making False
or Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents). Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Immigration Offenses
|
131
 132
|

Table I-4

CITIZENSHIP OF IMMIGRATION OFFENDERS1

Fiscal Year 2019
2019 Sourcebook

NON-U.S. Resident/ Extradited Alien Status

U.S. CITIZEN CITIZEN Legal Alien Illegal Alien Alien Unknown
GUIDELINE TOTAL N % N % N N N N

TOTAL 26,629 2,481 9.3 24,148 90.7 318 23,684 2 144

§2L1.1 3,486 2,379 68.2 1,107 31.8 177 904 2 24

§2L1.2 22,077 0 0.0 22,077 100.0 92 21,904 0 81

§2L2.1 104 40 38.5 64 61.5 12 49 0 3

§2L2.2 962 62 6.4 900 93.6 37 827 0 36

1
Of the 76,538 cases, 26,630 offenders were sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States), 2L2.1 (Trafficking in Immigration Documents, or Making
False or Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents). Of these 26,630 offenders, one was excluded due to missing information on offender's citizenship status.
Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Immigration Offenses | 133

Table I-5

CRIMINAL HISTORY CATEGORY AND CITIZENSHIP OF IMMIGRATION OFFENDERS1

Fiscal Year 2019

Total §2L1.1 §2L1.2 §2L2.1 §2L2.2

CHC N % N % N % N % N %

Total 11,551 100.0 2,028 100.0 8,661 100.0 88 100.0 774 100.0
I U.S. Citizen 1,253 10.8 1,186 58.5 0 0.0 31 35.2 36 4.7
Non-U.S. Citizen 10,298 89.2 842 41.5 8,661 100.0 57 64.8 738 95.3

Total 5,646 100.0 446 100.0 5,117 100.0 8 100.0 75 100.0

II U.S. Citizen 344 6.1 327 73.3 0 0.0 3 37.5 14 18.7
Non-U.S. Citizen 5,302 93.9 119 26.7 5,117 100.0 5 62.5 61 81.3

Total 5,275 100.0 511 100.0 4,689 100.0 4 100.0 71 100.0

III U.S. Citizen 426 8.1 418 81.8 0 0.0 2 50.0 6 8.5
Non-U.S. Citizen 4,849 91.9 93 18.2 4,689 100.0 2 50.0 65 91.5

Total 2,420 100.0 237 100.0 2,155 100.0 0 100.0 28 100.0

IV U.S. Citizen 205 8.5 203 85.7 0 0.0 0 -- 2 7.1
Non-U.S. Citizen 2,215 91.5 34 14.3 2,155 100.0 0 -- 26 92.9

Total 1,058 100.0 137 100.0 910 100.0 2 100.0 9 100.0

V U.S. Citizen 126 11.9 123 89.8 0 0.0 2 100.0 1 11.1
Non-U.S. Citizen 932 88.1 14 10.2 910 100.0 0 0.0 8 88.9

Total 679 100.0 127 100.0 545 100.0 2 100.0 5 100.0

VI U.S. Citizen 127 18.7 122 96.1 0 0.0 2 100.0 3 60.0
Non-U.S. Citizen 552 81.3 5 3.9 545 100.0 0 0.0 2 40.0

1
Of the 76,538 cases, 26,630 offenders were sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States),
2L2.1 (Trafficking in Immigration Documents, or Making False or Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents).
Of these 26,630 offenders, one was excluded due to missing information on the offender's citizenship status. Descriptions of variables used in this table are
provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 134
|

Table I-6

1
EDUCATION OF IMMIGRATION OFFENDERS
Fiscal Year 2019
2019 Sourcebook

LESS THAN HIGH

HIGH SCHOOL SCHOOL SOME COLLEGE
GRADUATE GRADUATE COLLEGE GRADUATE
GUIDELINE TOTAL N % N % N % N %

TOTAL 22,993 18,512 80.5 3,293 14.3 975 4.2 213 0.9

§2L1.1 3,464 1,895 54.7 1,030 29.7 483 13.9 56 1.6

§2L1.2 18,815 16,202 86.1 2,106 11.2 410 2.2 97 0.5

§2L2.1 99 40 40.4 26 26.3 11 11.1 22 22.2

§2L2.2 615 375 61.0 131 21.3 71 11.5 38 6.2

1
Of the 76,538 cases, 26,630 offenders were sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States), 2L2.1 (Trafficking in Immigration Documents,
or Making False or Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents). Of these 26,630 offenders, 3,637 were excluded due to missing information on
offender's education. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table I-7

SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE FOR IMMIGRATION OFFENDERS1

Fiscal Year 2019

WITHIN
GUIDELINE DEPARTURE
RANGE UPWARD §5K1.1 §5K3.1 DOWNWARD VARIANCE
GUIDELINE TOTAL N % N % N % N % N % N %

TOTAL 26,623 17,351 65.2 102 0.4 201 0.8 5,252 19.7 1,103 4.1 2,614 9.8

§2L1.1 3,487 1,412 40.5 4 0.1 151 4.3 1,208 34.6 90 2.6 622 17.8

§2L1.2 22,071 15,191 68.8 96 0.4 29 0.1 3,990 18.1 977 4.4 1,788 8.1

§2L2.1 104 51 49.0 0 0.0 18 17.3 0 0.0 5 4.8 30 28.8

§2L2.2 961 697 72.5 2 0.2 3 0.3 54 5.6 31 3.2 174 18.1

1
Of the 76,538 cases, 26,630 offenders were sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States), 2L2.1 (Trafficking in Immigration Documents, or Making
False or Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents). Of these 26,630 offenders, seven were excluded because information was missing from the submitted
documents that prevented the comparison of the sentence and the guideline range. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Immigration Offenses
|
135
 136

Figure I-2
|

NUMBER OF IMMIGRATION OFFENDERS OVER TIME1

Fiscal Years 2010 - 2019
Number of
Offenders §2L1.1 §2L1.2 §2L2.1 §2L2.2
25,000
2019 Sourcebook

20,000

15,000

10,000

5,000

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

1 Only offenders sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States), 2L2.1 (Trafficking in Immigration Documents, or Making False or

Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents) are depicted in this figure. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.

 Figure I-3

SENTENCE LENGTH OF IMMIGRATION OFFENDERS OVER TIME1

Fiscal Years 2010 - 2019
Months
§2L1.1 §2L1.2 §2L2.1 §2L2.2
24

18

12

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Immigration Offenses

1 Only offenders sentenced under §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining in the United States), 2L2.1 (Trafficking in Immigration Documents, or Making False or

Fraudulent Immigration Statements), or 2L2.2 (Acquiring Fraudulent Immigration Documents) are depicted in this figure. Sentences of 470 months or greater (including life) and probation were
|

included in the sentence average computations as 470 months and zero months, respectively. The information in this figure includes conditions of confinement as described in USSG §5C1.1. Cases
missing sentencing information were also excluded. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.

137
138 | 2019 Sourcebook
FIREARMS OFFENSES
140 | 2019 Sourcebook

Figure F-1

DISTRIBUTION OF FIREARMS OFFENDERS

BY GUIDELINE1, 2
Fiscal Year 2019

§2K2.1
93.8%

§2K1.4
0.8%

§2K1.3
0.3%
§2K2.5
0.2% §2K2.4
4.9%

1 Of the 76,538 cases, in 8,476 the offender was sentenced under USSG Chapter Two, Part K (Firearms). Of these, 8,475

offenders were sentenced under §§2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials), 2K1.4
(Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or
Ammunition), 2K2.4 (Use of Firearm During or in Relation to Certain Crimes), or 2K2.5 (Possession of Firearm or
Dangerous Weapon in Federal Facility or in School Zone). Descriptions of variables used in this figure are provided in
Appendix A.
2 In the §2K2.4 cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing

Ammunition, or Explosives During or in Relation to Certain Crimes) as the only count or counts of conviction. The
Guidelines Manual provides punishment for this type of offense under §2K2.4.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table F-1

1
RACE OF FIREARMS OFFENDERS
Fiscal Year 2019

WHITE BLACK HISPANIC OTHER

GUIDELINE TOTAL N % N % N % N %

TOTAL 8,461 2,155 25.5 4,486 53.0 1,580 18.7 240 2.8

§2K1.3 27 18 66.7 2 7.4 7 25.9 0 0.0

§2K1.4 66 22 33.3 22 33.3 12 18.2 10 15.2

§2K2.1 7,940 2,032 25.6 4,223 53.2 1,472 18.5 213 2.7
2
§2K2.4 411 76 18.5 232 56.4 87 21.2 16 3.9

§2K2.5 17 7 41.2 7 41.2 2 11.8 1 5.9

1
Of the 76,538 cases, in 8,476 the offender was sentenced under USSG Chapter Two, Part K (Firearms). Of these, 8,475 offenders were sentenced under §§2K1.3 (Unlawful Receipt, Possession,
or Transportation of Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition),
2K2.4 (Use of Firearm During or in Relation to Certain Crimes), or 2K2.5 (Possession of Firearm or Dangerous Weapon in Federal Facility or in School Zone). Of these 8,475 cases, 14 were
excluded due to missing information on offender's race. Descriptions of variables used in this table are provided in Appendix A.

2
In these cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to Certain Crimes) as the only count or
counts of conviction. The Guidelines Manual provides punishment for this type of offense under §2K2.4.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Firearms Offenses
|
141
 142
|

Table F-2

1
GENDER OF FIREARMS OFFENDERS
Fiscal Year 2019
2019 Sourcebook

MALE FEMALE
GUIDELINE TOTAL N % N %

TOTAL 8,475 8,118 95.8 357 4.2

§2K1.3 27 26 96.3 1 3.7

§2K1.4 66 58 87.9 8 12.1

§2K2.1 7,952 7,623 95.9 329 4.1

2
§2K2.4 413 395 95.6 18 4.4

§2K2.5 17 16 94.1 1 5.9

1
Of the 76,538 cases, in 8,476 the offender was sentenced under USSG Chapter Two, Part K (Firearms). Of these, 8,475 offenders were sentenced under §§2K1.3 (Unlawful
Receipt, Possession, or Transportation of Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, Possession, or Transportation
of Firearms or Ammunition), 2K2.4 (Use of Firearm During or in Relation to Certain Crimes), or 2K2.5 (Possession of Firearm or Dangerous Weapon in Federal Facility or
in School Zone). Descriptions of variables used in this table are provided in Appendix A.

2
In these cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to Certain Crimes) as
the only count or counts of conviction. The Guidelines Manual provides punishment for this type of offense under §2K2.4.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table F-3

AGE OF FIREARMS OFFENDERS1

Fiscal Year 2019

Under 21 21 to 25 26 to 30 31 to 35 36 to 40 41 to 50 51 to 60 Over 60
GUIDELINE TOTAL N % N % N % N % N % N % N % N %

TOTAL 8,475 229 2.7 1,389 16.4 2,065 24.4 1,726 20.4 1,383 16.3 1,168 13.8 394 4.6 121 1.4

§2K1.3 27 0 0.0 4 14.8 5 18.5 5 18.5 5 18.5 3 11.1 3 11.1 2 7.4

§2K1.4 66 1 1.5 7 10.6 13 19.7 5 7.6 11 16.7 18 27.3 8 12.1 3 4.5

§2K2.1 7,952 204 2.6 1,284 16.1 1,930 24.3 1,634 20.5 1,311 16.5 1,106 13.9 370 4.7 113 1.4
2
§2K2.4 413 24 5.8 92 22.3 114 27.6 80 19.4 55 13.3 38 9.2 9 2.2 1 0.2

§2K2.5 17 0 0.0 2 11.8 3 17.6 2 11.8 1 5.9 3 17.6 4 23.5 2 11.8

1
Of the 76,538 cases, in 8,476 the offender was sentenced under USSG Chapter Two, Part K (Firearms). Of these, 8,475 offenders were sentenced under §§2K1.3 (Unlawful Receipt, Possession, or Transportation
of Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition), 2K2.4 (Use of Firearm During or in Relation
to Certain Crimes), or 2K2.5 (Possession of Firearm or Dangerous Weapon in Federal Facility or in School Zone). Descriptions of variables used in this table are provided in Appendix A.

2
In these cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to Certain Crimes) as the only count or counts of conviction.
The Guidelines Manual provides punishment for this type of offense under §2K2.4.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

Firearms Offenses
|
143
 144
|

Table F-4

CITIZENSHIP OF FIREARMS OFFENDERS1

Fiscal Year 2019
2019 Sourcebook

U.S. CITIZEN NON-U.S. CITIZEN

GUIDELINE TOTAL N % N %

TOTAL 8,473 8,079 95.3 394 4.7

§2K1.3 27 27 100.0 0 0.0

§2K1.4 66 64 97.0 2 3.0

§2K2.1 7,951 7,568 95.2 383 4.8

2
§2K2.4 412 403 97.8 9 2.2

§2K2.5 17 17 100.0 0 0.0

1
Of the 76,538 cases, in 8,476 the offender was sentenced under USSG Chapter Two, Part K (Firearms). Of these, 8,475 offenders were sentenced under §§2K1.3 (Unlawful
Receipt, Possession, or Transportation of Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, Possession, or Transportation
of Firearms or Ammunition), 2K2.4 (Use of Firearm During or in Relation to Certain Crimes), or 2K2.5 (Possession of Firearm or Dangerous Weapon in Federal Facility or in
School Zone). Of these 8,475 cases, two were excluded due to missing information on offender's citizenship status. Descriptions of variables used in this table are provided in
Appendix A.

2
In these cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to Certain Crimes) as
the only count or counts of conviction. The Guidelines Manual provides punishment for this type of offense under §2K2.4.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table F-5

1
EDUCATION OF FIREARMS OFFENDERS
Fiscal Year 2019

LESS THAN HIGH

HIGH SCHOOL SCHOOL SOME COLLEGE
GRADUATE GRADUATE COLLEGE GRADUATE
GUIDELINE TOTAL N % N % N % N %

TOTAL 8,457 3,136 37.1 3,800 44.9 1,343 15.9 178 2.1

§2K1.3 27 7 25.9 12 44.4 6 22.2 2 7.4

§2K1.4 66 21 31.8 22 33.3 18 27.3 5 7.6

§2K2.1 7,937 2,941 37.1 3,580 45.1 1,253 15.8 163 2.1
2
§2K2.4 410 162 39.5 177 43.2 65 15.9 6 1.5

§2K2.5 17 5 29.4 9 52.9 1 5.9 2 11.8

1
Of the 76,538 cases, in 8,476 the offender was sentenced under USSG Chapter Two, Part K (Firearms). Of these, 8,475 offenders were sentenced under §§2K1.3 (Unlawful Receipt, Possession, or
Transportation of Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition), 2K2.4 (Use of
Firearm During or in Relation to Certain Crimes), or 2K2.5 (Possession of Firearm or Dangerous Weapon in Federal Facility or in School Zone). Of these 8,475 cases, 18 were excluded due to missing
information on offender's education. Descriptions of variables used in this table are provided in Appendix A.

2
In these cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to Certain Crimes) as the only count or
counts of conviction. The Guidelines Manual provides punishment for this type of offense under §2K2.4.
Firearms Offenses

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

|
145
146 | 2019 Sourcebook

Figure F-2

FIREARM MANDATORY MINIMUM PENALTIES1

Fiscal Year 2019

No Firearm
Mandatory
Minimum
Penalty
89.3%

Firearm
Mandatory
Minimum
Penalty
10.7%

1 Of the 76,538 cases, in 8,476 the offender was sentenced under USSG Chapter Two, Part K (Firearms). Of these, 8,475

offenders were sentenced under §§2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials), 2K1.4
(Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or
Ammunition), 2K2.4 (Use of Firearm During or in Relation to Certain Crimes), or 2K2.5 (Possession of Firearm or
Dangerous Weapon in Federal Facility or in School Zone). This figure is limited to mandatory minimum penalties for
violating 18 U.S.C. § 924(c) or 18 U.S.C. § 924(e). Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Firearms Offenses | 147

Figure F-3

CONVICTIONS UNDER 18 U.S.C. § 924(c)1

Fiscal Year 2019

DISTRIBUTION OF APPLICABLE GUIDELINES2

§2K2.1
7.5% Other
§2D1.2 3.2%
2.2%
§2K2.4 §2A1.1
13.3% 2.2%
§2A2.1
1.4%

§2B3.1
23.6%

§2D1.1
46.6%

LENGTH OF MANDATORY MINIMUM PENALTY

More than 120 Months

6.0%

120 Months
8.5%

84 Months
19.1%

60 Months
66.5%

¹ Of the 76,538 cases, in 3,142 the offenders were convicted of one or more counts of violating 18 U.S.C. § 924(c).
Of these, one was missing mandatory minimum penalty information. Descriptions of variables used in this figure
are provided in Appendix A.
2
In the §2K2.4 cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition,
or Explosives During or in Relation to Certain Crimes) as the only count or counts of conviction. The Guidelines Manual
provides punishment for this type of offense under §2K2.4.
SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.
 148
|

Table F-6

1
SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE FOR FIREARMS OFFENDERS
Fiscal Year 2019
2019 Sourcebook

WITHIN
GUIDELINE DEPARTURE
RANGE UPWARD §5K1.1 §5K3.1 DOWNWARD VARIANCE
GUIDELINE TOTAL N % N % N % N % N % N %

TOTAL 8,475 4,627 54.6 58 0.7 565 6.7 8 0.1 302 3.6 2,915 34.4

§2K1.3 27 5 18.5 0 0.0 6 22.2 0 0.0 4 14.8 12 44.4

§2K1.4 66 34 51.5 2 3.0 9 13.6 0 0.0 2 3.0 19 28.8

§2K2.1 7,952 4,247 53.4 48 0.6 511 6.4 8 0.1 296 3.7 2,842 35.7
2
§2K2.4 413 327 79.2 8 1.9 39 9.4 0 0.0 0 0.0 39 9.4

§2K2.5 17 14 82.4 0 0.0 0 0.0 0 0.0 0 0.0 3 17.6

1
Of the 76,538 cases, in 8,476 the offender was sentenced under USSG Chapter Two, Part K (Firearms). Of these, 8,475 offenders were sentenced under §§2K1.3 (Unlawful Receipt, Possession, or Transportation of
Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition), 2K2.4 (Use of Firearm During or in Relation to
Certain Crimes), or 2K2.5 (Possession of Firearm or Dangerous Weapon in Federal Facility or in School Zone). Descriptions of variables used in this table are provided in Appendix A.

2
In these cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to Certain Crimes) as the only count or counts of conviction.
The Guidelines Manual provides punishment for this type of offense under §2K2.4.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Figure F-4

NUMBER OF FIREARMS OFFENDERS OVER TIME1, 2

Fiscal Years 2010 - 2019
Number of
Offenders §2K2.1 §2K1.3 §2K1.4 §2K2.4 §2K2.5
8,000

7,000

6,000

5,000

500

400

300

200

100

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
1 Only offenders sentenced under §§2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful

Receipt, Possession, or Transportation of Firearms or Ammunition), 2K2.4 (Use of Firearm During or in Relation to Certain Crimes), or 2K2.5 (Possession of Firearm or Dangerous Weapon in
Firearms Offenses

Federal Facility or in School Zone) are depicted in this figure. Descriptions of variables used in this figure are provided in Appendix A.
2 In the §2K2.4 cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to Certain Crimes) as the only
|

count or counts of conviction. The Guidelines Manual provides punishment for this type of offense under §2K2.4.
SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.
149
 150

Figure F-5
|

SENTENCE LENGTH OF FIREARMS OFFENDERS OVER TIME1, 2

Fiscal Years 2010 - 2019
Months
§2K1.3 §2K1.4 §2K2.1 §2K2.4 §2K2.5
120
2019 Sourcebook

96

72

48

24

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
1 Only offenders sentenced under §§2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful
Receipt, Possession, or Transportation of Firearms or Ammunition), 2K2.4 (Use of Firearm During or in Relation to Certain Crimes), or 2K2.5 (Possession of Firearm or Dangerous Weapon in
Federal Facility or in School Zone) are depicted in this figure. Sentences of 470 months or greater (including life) and probation were included in the sentence average computations as 470 months
and zero months, respectively. The information in this figure includes conditions of confinement as described in USSG §5C1.1. Cases missing sentencing information were also excluded.
Descriptions of variables used in this figure are provided in Appendix A.
2 In the §2K2.4 cases, the offender was convicted of violating 18 U.S.C. § 924(c) (Use of Firearm, Armor-Piercing Ammunition, or Explosives During or in Relation to Certain Crimes) as the only

count or counts of conviction. The Guidelines Manual provides punishment for this type of offense under §2K2.4.
SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.
ECONOMIC OFFENSES
152 | 2019 Sourcebook

Figure E-1

DISTRIBUTION OF ECONOMIC OFFENSE OFFENDERS

BY GUIDELINE1
Fiscal Year 2019

§2B1.1
71.3%

§2B1.4
0.4%
§2B3.1
22.5% §2B1.5
0.1%
§2B2.1
§2B5.3
0.6%
0.6%
§2B5.1
2.9%
§2B4.1 §2B3.2
1.0% 0.6%

1 Of the 76,538 cases, in 8,168 the offender was sentenced under USSG Chapter Two, Part B (Basic Economic Offenses).

Of these, 8,006 offenders were sentenced under §§2B1.1 (Theft, Property Destruction, and Fraud Offenses), 2B1.4 (Insider
Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 2B3.2 (Extortion), 2B4.1 (Bribery),
2B5.1 (Counterfeiting), or 2B5.3 (Copyright). Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table E-1

RACE OF ECONOMIC OFFENSE OFFENDERS1

Fiscal Year 2019

WHITE BLACK HISPANIC OTHER

GUIDELINE TOTAL N % N % N % N %

TOTAL 7,986 3,066 38.4 2,855 35.8 1,581 19.8 484 6.1

§2B1.1 5,694 2,450 43.0 1,650 29.0 1,215 21.3 379 6.7

§2B1.4 35 21 60.0 1 2.9 6 17.1 7 20.0

§2B1.5 12 9 75.0 0 0.0 3 25.0 0 0.0

§2B2.1 48 10 20.8 10 20.8 5 10.4 23 47.9

§2B3.1 1,801 390 21.7 1,085 60.2 273 15.2 53 2.9

§2B3.2 45 21 46.7 4 8.9 19 42.2 1 2.2

§2B4.1 78 34 43.6 8 10.3 30 38.5 6 7.7

§2B5.1 227 113 49.8 93 41.0 19 8.4 2 0.9

§2B5.3 46 18 39.1 4 8.7 11 23.9 13 28.3

1
Of the 76,538 cases, in 8,168 the offender was sentenced under USSG Chapter Two, Part B (Basic Economic Offenses). Of these, 8,006 offenders were sentenced under §§2B1.1 (Theft, Property
Destruction, and Fraud Offenses), 2B1.4 (Insider Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 2B3.2 (Extortion), 2B4.1 (Bribery), 2B5.1 (Counterfeiting), or
2B5.3 (Copyright). Of these 8,006 cases, 20 were excluded due to missing information on offender's race. Descriptions of variables used in this table are provided in Appendix A.
Economic Offenses

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

|
153
 154
|

Table E-2

1
GENDER OF ECONOMIC OFFENSE OFFENDERS
Fiscal Year 2019
2019 Sourcebook

MALE FEMALE
GUIDELINE TOTAL N % N %

TOTAL 8,006 6,028 75.3 1,978 24.7

§2B1.1 5,707 3,949 69.2 1,758 30.8

§2B1.4 35 33 94.3 2 5.7

§2B1.5 12 10 83.3 2 16.7

§2B2.1 48 42 87.5 6 12.5

§2B3.1 1,805 1,688 93.5 117 6.5

§2B3.2 45 40 88.9 5 11.1

§2B4.1 78 50 64.1 28 35.9

§2B5.1 229 178 77.7 51 22.3

§2B5.3 47 38 80.9 9 19.1

1
Of the 76,538 cases, in 8,168 the offender was sentenced under USSG Chapter Two, Part B (Basic Economic Offenses). Of these, 8,006 offenders were sentenced under
§§2B1.1 (Theft, Property Destruction, and Fraud Offenses), 2B1.4 (Insider Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 2B3.2 (Extortion),
2B4.1 (Bribery), 2B5.1 (Counterfeiting), or 2B5.3 (Copyright). Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table E-3

AGE OF ECONOMIC OFFENSE OFFENDERS1

Fiscal Year 2019

Under 21 21 to 25 26 to 30 31 to 35 36 to 40 41 to 50 51 to 60 Over 60
GUIDELINE TOTAL N % N % N % N % N % N % N % N %

TOTAL 8,006 205 2.6 898 11.2 1,213 15.2 1,079 13.5 1,033 12.9 1,690 21.1 1,151 14.4 737 9.2

§2B1.1 5,707 68 1.2 407 7.1 724 12.7 774 13.6 747 13.1 1,374 24.1 959 16.8 654 11.5

§2B1.4 35 0 0.0 0 0.0 1 2.9 9 25.7 4 11.4 8 22.9 10 28.6 3 8.6

§2B1.5 12 1 8.3 2 16.7 0 0.0 0 0.0 1 8.3 4 33.3 2 16.7 2 16.7

§2B2.1 48 3 6.3 15 31.3 7 14.6 8 16.7 6 12.5 5 10.4 3 6.3 1 2.1

§2B3.1 1,805 124 6.9 418 23.2 417 23.1 239 13.2 222 12.3 215 11.9 127 7.0 43 2.4

§2B3.2 45 1 2.2 3 6.7 5 11.1 7 15.6 9 20.0 10 22.2 5 11.1 5 11.1

§2B4.1 78 0 0.0 0 0.0 2 2.6 4 5.1 1 1.3 23 29.5 27 34.6 21 26.9

§2B5.1 229 8 3.5 48 21.0 52 22.7 33 14.4 40 17.5 38 16.6 7 3.1 3 1.3

§2B5.3 47 0 0.0 5 10.6 5 10.6 5 10.6 3 6.4 13 27.7 11 23.4 5 10.6

1
Of the 76,538 cases, in 8,168 the offender was sentenced under USSG Chapter Two, Part B (Basic Economic Offenses). Of these, 8,006 offenders were sentenced under §§2B1.1 (Theft, Property Destruction, and
Fraud Offenses), 2B1.4 (Insider Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 2B3.2 (Extortion), 2B4.1 (Bribery), 2B5.1 (Counterfeiting), or 2B5.3 (Copyright). Descriptions of
variables used in this table are provided in Appendix A.
Economic Offenses

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

|
155
 156

Table E-4
|

CITIZENSHIP OF ECONOMIC OFFENSE OFFENDERS1

Fiscal Year 2019
2019 Sourcebook

U.S. CITIZEN NON-U.S. CITIZEN

GUIDELINE TOTAL N % N %

TOTAL 8,002 6,990 87.4 1,012 12.6

§2B1.1 5,703 4,810 84.3 893 15.7

§2B1.4 35 31 88.6 4 11.4

§2B1.5 12 12 100.0 0 0.0

§2B2.1 48 45 93.8 3 6.3

§2B3.1 1,805 1,743 96.6 62 3.4

§2B3.2 45 30 66.7 15 33.3

§2B4.1 78 69 88.5 9 11.5

§2B5.1 229 218 95.2 11 4.8

§2B5.3 47 32 68.1 15 31.9

1
Of the 76,538 cases, in 8,168 the offender was sentenced under USSG Chapter Two, Part B (Basic Economic Offenses). Of these, 8,006 offenders were sentenced under
§§2B1.1 (Theft, Property Destruction, and Fraud Offenses), 2B1.4 (Insider Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 2B3.2 (Extortion),
2B4.1 (Bribery), 2B5.1 (Counterfeiting), or 2B5.3 (Copyright). Of these 8,006 cases, four were excluded due to missing information on offender's citizenship status. Descriptions
of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table E-5

1
EDUCATION OF ECONOMIC OFFENSE OFFENDERS
Fiscal Year 2019

LESS THAN HIGH

HIGH SCHOOL SCHOOL SOME COLLEGE
GRADUATE GRADUATE COLLEGE GRADUATE
GUIDELINE TOTAL N % N % N % N %

TOTAL 7,955 1,673 21.0 2,626 33.0 2,298 28.9 1,358 17.1

§2B1.1 5,661 956 16.9 1,646 29.1 1,831 32.3 1,228 21.7

§2B1.4 35 1 2.9 3 8.6 6 17.1 25 71.4

§2B1.5 12 2 16.7 6 50.0 4 33.3 0 0.0

§2B2.1 48 24 50.0 14 29.2 10 20.8 0 0.0

§2B3.1 1,801 608 33.8 807 44.8 345 19.2 41 2.3

§2B3.2 45 17 37.8 15 33.3 8 17.8 5 11.1

§2B4.1 78 4 5.1 11 14.1 24 30.8 39 50.0

§2B5.1 228 57 25.0 107 46.9 52 22.8 12 5.3

§2B5.3 47 4 8.5 17 36.2 18 38.3 8 17.0

1
Of the 76,538 cases, in 8,168 the offender was sentenced under USSG Chapter Two, Part B (Basic Economic Offenses). Of these, 8,006 offenders were sentenced under §§2B1.1 (Theft, Property
Destruction, and Fraud Offenses), 2B1.4 (Insider Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 2B3.2 (Extortion), 2B4.1 (Bribery), 2B5.1 (Counterfeiting), or
2B5.3 (Copyright). Of these 8,006 cases, 51 were excluded due to missing information on offender's education. Descriptions of variables used in this table are provided in Appendix A.
Economic Offenses

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

|
157
 158

Table E-6
|

LOSS AMOUNT OF ECONOMIC OFFENSE OFFENDERS1

Fiscal Year 2019

NO GUIDELINE GUIDELINE
INCREASE FOR INCREASE FOR
2 3
2019 Sourcebook

LOSS AMOUNT LOSS AMOUNT AMOUNT OF LOSS

GUIDELINE TOTAL N % N % N Mean Median

TOTAL 7,897 2,599 32.9 5,298 67.1 6,041 $6,211,930 $59,027

§2B1.1 5,632 968 17.2 4,664 82.8 4,397 $8,435,296 $137,500

§2B1.4 34 0 0.0 34 100.0 23 $867,700 $298,386

§2B1.5 12 1 8.3 11 91.7 9 $123,798 $10,483

§2B2.1 48 34 70.8 14 29.2 30 $9,620 $823

§2B3.1 1,777 1,491 83.9 286 16.1 1,301 $31,165 $2,076

§2B3.2 44 23 52.3 21 47.7 26 $581,840 $14,050

§2B4.1 76 1 1.3 75 98.7 53 $851,192 $256,872

§2B5.1 228 78 34.2 150 65.8 169 $30,508 $6,600

§2B5.3 46 3 6.5 43 93.5 33 $9,362,716 $236,600

1
Of the 76,538 cases, in 8,168 the offender was sentenced under USSG Chapter Two, Part B (Basic Economic Offenses). Of these, 8,006 offenders were sentenced under §§2B1.1 (Theft, Property
Destruction, and Fraud Offenses), 2B1.4 (Insider Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 2B3.2 (Extortion), 2B4.1 (Bribery), 2B5.1 (Counterfeiting), or
2B5.3 (Copyright). Of these, the Commission received complete guideline application information for 7,897 cases. In 5,298 cases the guideline range was enhanced due to the amount of loss involved
in the case. Descriptions of variables used in this table are provided in Appendix A.

2
A loss may exist in cases where there was no guideline increase for loss amount and those amounts are included in the amount of loss columns.

3
Cases in which an exact loss amount was not reported were excluded from the amount of loss computation.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Table E-7

SENTENCE IMPOSED RELATIVE TO THE GUIDELINE RANGE FOR ECONOMIC OFFENSE OFFENDERS1
Fiscal Year 2019

WITHIN
GUIDELINE DEPARTURE
RANGE UPWARD §5K1.1 §5K3.1 DOWNWARD VARIANCE
GUIDELINE TOTAL N % N % N % N % N % N %

TOTAL 8,005 3,412 42.6 51 0.6 1,151 14.4 10 0.1 313 3.9 3,068 38.3

§2B1.1 5,706 2,503 43.9 19 0.3 819 14.4 10 0.2 198 3.5 2,157 37.8

§2B1.4 35 0 0.0 0 0.0 7 20.0 0 0.0 2 5.7 26 74.3

§2B1.5 12 4 33.3 0 0.0 0 0.0 0 0.0 0 0.0 8 66.7

§2B2.1 48 27 56.3 1 2.1 1 2.1 0 0.0 2 4.2 17 35.4

§2B3.1 1,805 707 39.2 29 1.6 258 14.3 0 0.0 99 5.5 712 39.4

§2B3.2 45 22 48.9 1 2.2 5 11.1 0 0.0 0 0.0 17 37.8

§2B4.1 78 14 17.9 0 0.0 32 41.0 0 0.0 1 1.3 31 39.7

§2B5.1 229 123 53.7 1 0.4 21 9.2 0 0.0 5 2.2 79 34.5

§2B5.3 47 12 25.5 0 0.0 8 17.0 0 0.0 6 12.8 21 44.7

1
Of the 76,538 cases, in 8,168 the offender was sentenced under USSG Chapter Two, Part B (Basic Economic Offenses). Of these, 8,006 offenders were sentenced under §§2B1.1 (Theft, Property Destruction, and
Fraud Offenses), 2B1.4 (Insider Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 2B3.2 (Extortion), 2B4.1 (Bribery), 2B5.1 (Counterfeiting), or 2B5.3 (Copyright). Of these 8,006
cases, one was excluded because information was missing from the submitted documents that prevented the comparison of the sentence and the guideline range. Descriptions of variables used in this table are provided
Economic Offenses

in Appendix A.
|

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

159
 160
|

Figure E-2

1
NUMBER OF OFFENDERS IN EACH §2B1.1 LOSS TABLE CATEGORY
Fiscal Year 2019

Number of
Offenders
2019 Sourcebook

1,200

1,000 968

800
702
659 675
609
600
484
424
400 361
285
260

200
109
37
15 1 2 6
0

¹ Of the 76,538 cases, the Commission received complete guideline application information for 70,537 cases. Of these, 5,632 offenders were sentenced under §2B1.1 (Theft, Property Destruction,
and Fraud Offenses). An additional 35 were excluded that were sentenced using a Guidelines Manual in effect prior to November 1, 2015. Descriptions of variables used in this figure are provided
in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Datafile, USSCFY19.

 Figure E-3

NUMBER OF ECONOMIC OFFENSE OFFENDERS OVER TIME1

Fiscal Years 2010 - 2019

Number of
Offenders §2B1.1 §2B3.1 §2B4.1 §2B5.1 §2B5.3
9,000

8,000

7,000

6,000

5,000
2,000

1,500

1,000

500

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Economic Offenses

1 Only offenders sentenced under §§2B1.1 (Theft, Property Destruction, and Fraud Offenses), 2B3.1 (Robbery), 2B4.1 (Bribery), 2B5.1 (Counterfeiting), or 2B5.3 (Copyright) are depicted in this
figure. Descriptions of variables used in this figure are provided in Appendix A.
|

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.

161
 162

Figure E-4
|

SENTENCE LENGTH OF ECONOMIC OFFENSE OFFENDERS OVER TIME1

Fiscal Years 2010 - 2019

Months
§2B3.1 §2B1.1 §2B4.1 §2B5.1 §2B5.3
132
2019 Sourcebook

120

108

96
28

24

20

16

12

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

1 Only offenders sentenced under §§2B1.1 (Theft, Property Destruction, and Fraud Offenses), 2B3.1 (Robbery), 2B4.1 (Bribery), 2B5.1 (Counterfeiting), or 2B5.3 (Copyright) are depicted in this

figure. Sentences of 470 months or greater (including life) and probation were included in the sentence average computations as 470 months and zero months, respectively. The information in this
figure includes conditions of confinement as described in USSG §5C1.1. Cases missing sentencing information were also excluded. Descriptions of variables used in this figure are provided in
Appendix A.
SOURCE: U.S. Sentencing Commission, 2010 - 2019 Datafiles, USSCFY10 - USSCFY19.
ORGANIZATIONAL OFFENDER
SENTENCING DATA
164 | 2019 Sourcebook

Figure O-1

ORGANIZATIONAL OFFENDERS BY TYPE OF CRIME1

Fiscal Year 2019

Money
Laundering
Immigration 6.8%
4.2%

Food and Drugs

9.3% Fraud
23.7%

Import and
Export
4.2%

Drugs
5.9%
Environmental
22.9%

Antitrust
7.6%

Other
15.3%

¹ This figure includes the 118 organizational cases reported to the Commission. Descriptions of variables
used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

 Figure O-2

NUMBER OF ORGANIZATIONAL OFFENDERS OVER TIME1

Fiscal Years 2010-2019

Number of
Organizations
250

200 187
181
172
160 162
149
150
132 131
118
99
100

50

0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Organizational Offender Sentencing Data

¹ Descriptions of variables used in this figure are provided in Appendix A.

|

SOURCE: U.S. Sentencing Commission, 2010 - 2019 Organizational Datafiles, CORPFY10-CORPFY19.

165
166 | 2019 Sourcebook

Figure O-3

ORGANIZATIONAL OFFENDERS BY OWNERSHIP STRUCTURE1

Fiscal Year 2019

LLC
Sole 20.8%
Proprietorship
6.3%

Closely-held
or Private
Corporation
64.6%
Openly-traded
Corporation
8.3%

¹ Of the 118 organizational cases, 20 were missing information on the ownership structure of the
organization. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

 Organizational Offender Sentencing Data | 167

Figure O-4

ORGANIZATIONAL OFFENDERS BY TYPE OF BUSINESS1

Fiscal Year 2019

Health Care
Retail Trade Services and
15.3% Supplies
16.9%
Finance,
Insurance,
Real Estate
1.7%

Construction
and Related
Contracting
Services
7.6%
Manufacturing,
Production,
Design,
Inspection, Sales
and Distribution
Other 18.6%
16.9%

Services Transportation,
7.6% Electric, Gas
15.3%

¹ This figure includes the 118 organizational cases reported to the Commission. Descriptions of variables
used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

168 | 2019 Sourcebook

Figure O-5

SIZE OF ORGANIZATIONAL OFFENDERS

BY NUMBER OF EMPLOYEES1
Fiscal Year 2019

1,000 or More
Employees
10.1%
500-999
Employees
3.8%

100-499
Employees
11.4%

Less than 50
Employees
65.8%
50-99
Employees
8.9%

¹ Of the 118 organizational cases, 39 were missing information on the number of employees in the
organization. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

 Table O-1

1
FINE AND RESTITUTION FOR ORGANIZATIONAL OFFENDERS BY TYPE OF CRIME
Fiscal Year 2019
NO FINE OR BOTH FINE &
RESTITUTION FINE ORDERED/ RESTITUTION RESTITUTION
ORDERED NO RESTITUTION ORDERED/NO FINE ORDERED
TYPE OF CRIME TOTAL N % N % N % N %
TOTAL 118 11 9.3 74 62.7 17 14.4 16 13.6
Administration of Justice Offenses 6 0 0.0 4 66.7 2 33.3 0 0.0
Antitrust 9 0 0.0 9 100.0 0 0.0 0 0.0
Archeological Damage 0 0 -- 0 -- 0 -- 0 --
Public Corruption: Bribery/Gratuity/Extortion 4 0 0.0 3 75.0 0 0.0 1 25.0
Civil Rights 0 0 -- 0 -- 0 -- 0 --
Contraband 0 0 -- 0 -- 0 -- 0 --
Copyright/Trademark 2 1 50.0 0 0.0 0 0.0 1 50.0
Drugs 7 2 28.6 3 42.9 2 28.6 0 0.0
Environmental - Water 14 0 0.0 13 92.9 0 0.0 1 7.1
Environmental - Air 4 0 0.0 4 100.0 0 0.0 0 0.0
Environmental - Hazardous/Toxic Pollutants 8 0 0.0 4 50.0 3 37.5 1 12.5
Environmental - Wildlife 1 0 0.0 0 0.0 0 0.0 1 100.0
Import and Export 5 1 20.0 4 80.0 0 0.0 0 0.0
Firearms 0 0 -- 0 -- 0 -- 0 --
Food, Drugs, Agricultural and Consumer Products 11 0 0.0 8 72.7 1 9.1 2 18.2
Food Stamps 2 0 0.0 0 0.0 1 50.0 1 50.0
Forgery 0 0 -- 0 -- 0 -- 0 --
Fraud 28 2 7.1 14 50.0 7 25.0 5 17.9
Gambling 0 0 -- 0 -- 0 -- 0 --
Immigration 5 2 40.0 2 40.0 0 0.0 1 20.0
Larceny/Theft/Embezzlement 1 0 0.0 1 100.0 0 0.0 0 0.0
Motor Vehicles 0 0 -- 0 -- 0 -- 0 --
Money Laundering 8 3 37.5 3 37.5 0 0.0 2 25.0
Obscenity 0 0 -- 0 -- 0 -- 0 --
Racketeering/Extortion 1 0 0.0 1 100.0 0 0.0 0 0.0
Tax 2 0 0.0 1 50.0 1 50.0 0 0.0
Other 0 0 -- 0 -- 0 -- 0 --

1
Of the 118 organizational cases, the court sentenced the offenders to pay a fine or make restitution in 107 cases. Descriptions of variables used in this table are provided in Appendix A.
Organizational Offender Sentencing Data

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

|
169
 170

Table O-2
|

AMOUNT OF FINE AND RESTITUTION ORDERED FOR ORGANIZATIONAL OFFENDERS BY TYPE OF CRIME1
Fiscal Year 2019

FINE ORDERED RESTITUTION ORDERED2 FINE OR RESTITUTION ORDERED

TYPE OF CRIME N Mean Median Sum N Mean Median Sum N Mean Median Sum
2019 Sourcebook

TOTAL 90 $10,528,428 $500,000 $947,558,533 33 $4,799,934 $644,690 $158,397,822 107 $10,336,041 $600,000 $1,105,956,355
Administration of Justice Offenses 4 $926,250 $250,000 $3,705,000 2 -- -- -- 6 $737,560 $250,000 $4,425,357
Antitrust 9 $33,053,503 $34,079,185 $297,481,527 0 -- -- -- 9 $33,053,503 $34,079,185 $297,481,527
Archeological Damage 0 -- -- -- 0 -- -- -- 0 -- -- --
Public Corruption: Bribery/Gratuity/Extortion 4 $508,750 $612,449 $2,034,998 1 -- -- -- 4 $661,252 $667,504 $2,645,007
Civil 0 -- -- -- 0 -- -- -- 0 -- -- --
Contraband 0 -- -- -- 0 -- -- -- 0 -- -- --
Copyright/Trademark 1 -- -- -- 1 -- -- -- 1 -- -- --
Drugs 3 $89,655 $100,000 $268,966 2 -- -- -- 5 $251,737 $115,485 $1,258,683
Environmental - Water 14 $1,380,429 $1,000,000 $19,326,000 1 -- -- -- 14 $1,398,729 $1,078,603 $19,582,206
Environmental - Air 4 $1,240,000 $1,500,000 $4,960,000 0 -- -- -- 4 $1,240,000 $1,500,000 $4,960,000
Environmental - Hazardous/Toxic Pollutants 5 $909,000 $500,000 $4,545,000 4 $1,000,000 $1,222,532 $4,000,001 8 $1,068,125 $972,532 $8,545,001
Environmental - Wildlife 1 -- -- -- 1 -- -- -- 1 -- -- --
Import and Export 4 $117,191,955 $148,910 $468,767,820 0 -- -- -- 4 $117,191,955 $148,910 $468,767,820
Firearms 0 -- -- -- 0 -- -- -- 0 -- -- --
Food, Drugs, Agricultural & Consumer Products 10 $9,536,712 $100,000 $95,367,122 3 $2,025,916 $1,500,000 $6,077,747 11 $9,222,261 $215,122 $101,444,869
Food Stamps 1 -- -- -- 2 -- -- -- 2 -- -- --
Forgery 0 -- -- -- 0 -- -- -- 0 -- -- --
Fraud 19 $2,347,532 $500,000 $44,603,100 12 $11,920,985 $1,084,618 $143,051,815 26 $7,217,497 $740,193 $187,654,915
Gambling 0 -- -- -- 0 -- -- -- 0 -- -- --
Immigration 3 $333,333 $250,000 $1,000,000 1 -- -- -- 3 $391,568 $424,705 $1,174,705
Larceny/Theft/Embezzlement 1 -- -- -- 0 -- -- -- 1 -- -- --
Motor Vehicles 0 -- -- -- 0 -- -- -- 0 -- -- --
Money Laundering 5 $880,000 $500,000 $4,400,000 2 -- -- -- 5 $1,228,000 $500,000 $6,140,000
Obscenity 0 -- -- -- 0 -- -- -- 0 -- -- --
Racketeering/Extortion 1 -- -- -- 0 -- -- -- 1 -- -- --
Tax 1 -- -- -- 1 -- -- -- 2 -- -- --
Other 0 -- -- -- 0 -- -- -- 0 -- -- --

1
Of the 118 organizational cases, the court sentenced the offenders to pay a fine or make restitution in 107 cases. Fine information includes either fines and/or the cost of supervision. Descriptions of variables used in this
table are provided in Appendix A.

2
In cases of joint and several restitution, the full amount of restitution is attributed to each offender, which may result in overinflation of the total amount of restitution reported for all offenders.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

 Organizational Offender Sentencing Data | 171

Figure O-6

APPLICATION OF CHAPTER EIGHT FINE GUIDELINES1

Fiscal Year 2019

Fine Guidelines
Applied
49.1%
Fine Guidelines
Not Applied
50.9%

¹ Of the 118 organizational cases, two were missing information on the Chapter Eight fine
application. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

172 | 2019 Sourcebook

Table O-3

CHAPTER EIGHT SENTENCING COMPONENTS

1
FOR ORGANIZATIONAL OFFENDERS
Fiscal Year 2019

SENTENCING COMPONENTS

Disposition N %
Guilty Plea 111 94.1
Nolo Contendere 0 0.0
Bench Trial 1 0.8
Trial By Jury 6 5.1
TOTAL 118 100.0

Probation2
Probation Ordered 80 67.8
Probation Not Ordered 38 32.2
TOTAL 118 100.0

Court Ordered Compliance/Ethics

Program Ordered 22 18.6
No Program Ordered 96 81.4
TOTAL 118 100.0

Inability to Pay
Fine Reduced - Organization Unable to Pay3 32 27.4
Organization Able to Pay 85 72.6
TOTAL 117 100.0

1
The total for each component may add up to less than the total number of organizational offenders
due to missing information for that variable. Descriptions of variables used in this table are provided
in Appendix A. A discussion of a compliance and ethics program can be found in USSG §8C2.5.

2
The 'Probation Ordered' category consists of cases in which at least one month of probation was ordered.
The 'Probation Not Ordered' category consists of cases in which less than one month of probation was
ordered, or no probation was ordered.

3
Organizations in this category were unable to pay either a portion of the fine or the entire fine.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

 Organizational Offender Sentencing Data | 173

Figure O-7

CULPABILITY FACTORS APPLIED TO DETERMINE FINES IMPOSED

ON ORGANIZATIONAL OFFENDERS1
Fiscal Year 2019

Number of
Organizations 49
50

45

40

35
33

30

25

20

15

10
7

5
2
0 0
0
Involvement in or Prior History Violation of Obstruction of Effective Acceptance of
Tolerance of Order Justice Compliance Responsibility
Criminal Activity

¹ Of the 118 organizational cases, the fine guideline was applied in 57 cases. Courts may apply multiple factors, so the total number of
factors may exceed the number of cases in which a culpability factor was applied. A description of Chapter Eight culpability factors
can be found in USSG §8C2.5. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

174 | 2019 Sourcebook

Table O-4

CULPABILITY FACTORS FOR ORGANIZATIONAL OFFENDERS1

Fiscal Year 2019

Involvement in or Tolerance of Criminal Activity by Authority - §8C2.5(b) N %

Involvement/tolerance in an organization/unit of 5,000+ employees 3 5.3
Involvement/tolerance in an organization/unit of 1,000+ employees 1 1.8
Involvement/tolerance in an organization/unit of 200+ employees 4 7.0
Involvement/tolerance in an organization/unit of 50+ employees 9 15.8
Involvement/tolerance in an organization/unit of ten or more employees 16 28.1
No involvement/tolerance OR fewer than ten employees 24 42.1
TOTAL 57 100.0

Prior History - §8C2.5(c) N %

One similar criminal/two similar administrative violations within ten years 0 0.0
One similar criminal/two similar administrative violations within five years 2 3.5
Organization had no prior record 55 96.5
TOTAL 57 100.0

Violation of an Order - §8C2.5(d) N %

Organization violated a judicial order or condition of probation for similar conduct 0 0.0
Organization violated condition of probation 0 0.0
Organization did not violate an order or probation 57 100.0
TOTAL 57 100.0

Obstruction of Justice - §8C2.5(e) N %

Organization obstructed justice 7 12.3
Organization did not obstruct justice 50 87.7
TOTAL 57 100.0

Effective Compliance and Ethics Program - §8C2.5(f) N %

Organization did have an effective compliance and ethics program 0 0.0
Organization had no compliance and ethics program 57 100.0
TOTAL 57 100.0

Self-Reporting, Cooperation, and Acceptance of Responsibility - §8C2.5(g) N %

Reported offense to governmental authorities 0 0.0
Cooperated with investigation 30 52.6
Accepted responsibility 19 33.3
Organization did not self-report, cooperate, or accept responsibility 8 14.0
TOTAL 57 100.0

1
Of the 118 organizational cases, the fine guideline was applied in 57 cases. For the remaining 61 cases, the fine guideline was not applied or data
on the application of the fine guidelines were missing. The total for each factor may add up to less than the total number of cases in which the fine
guidelines were applied due to missing information for that specific variable. A description of Chapter Eight culpability factors can be found in
USSG §8C2.5. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Organizational Datafile, CORPFY19.

SENTENCING APPEALS
176 | 2019 Sourcebook

Figure A

TYPE AND DISPOSITION OF APPEALS CASES1

Fiscal Year 2019

TYPE OF APPEAL

Conviction Only
21.7%

Sentence Only
47.6%

Anders Brief
17.5%

Sentence and
Conviction
13.3%

DISPOSITION OF SENTENCING APPEALS2,3

Reversed
10.5%
Affirmed in Part/
Reversed in Part
3.3%

Dismissed
14.8%

Affirmed
Remanded 69.1%
2.3%

¹ Of the 6,830 appeals cases, 37 were excluded because the type of appeal was 'unknown'. Of these, 6,714 involved an appeal
by the offender, 57 involved an appeal by the government, and 22 involved a cross appeal. Descriptions of variables used in this
table are provided in Appendix A.

² Of the 137 cases affirmed in part and reversed in part, 123 (89.8%) cases were remanded to the district court.

³ Of the 436 cases reversed, 436 (100.0%) were remanded to the district court.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

 Sentencing Appeals | 177

Table A-1

TYPE OF APPEAL IN EACH CIRCUIT AND DISTRICT1

Fiscal Year 2019
Sentence and
CIRCUIT Total Sentence Only Conviction Conviction Only Anders Brief
District N N % N % N % N %
TOTAL 6,793 3,232 47.6 903 13.3 1,471 21.7 1,187 17.5

D.C. CIRCUIT 39 12 30.8 11 28.2 16 41.0 0 0.0

District of Columbia 39 12 30.8 11 28.2 16 41.0 0 0.0

FIRST CIRCUIT 236 112 47.5 31 13.1 61 25.8 32 13.6

Maine 24 15 62.5 6 25.0 3 12.5 0 0.0
Massachusetts 61 23 37.7 9 14.8 25 41.0 4 6.6
New Hampshire 14 4 28.6 1 7.1 6 42.9 3 21.4
Puerto Rico 133 68 51.1 15 11.3 25 18.8 25 18.8
Rhode Island 4 2 50.0 0 0.0 2 50.0 0 0.0

SECOND CIRCUIT 430 196 45.6 82 19.1 115 26.7 37 8.6

Connecticut 35 18 51.4 6 17.1 9 25.7 2 5.7
New York
Eastern 99 41 41.4 23 23.2 28 28.3 7 7.1
Northern 77 44 57.1 11 14.3 19 24.7 3 3.9
Southern 173 69 39.9 34 19.7 49 28.3 21 12.1
Western 34 18 52.9 7 20.6 7 20.6 2 5.9
Vermont 12 6 50.0 1 8.3 3 25.0 2 16.7

THIRD CIRCUIT 254 120 47.2 45 17.7 72 28.3 17 6.7

Delaware 3 1 33.3 0 0.0 2 66.7 0 0.0
New Jersey 39 21 53.8 8 20.5 7 17.9 3 7.7
Pennsylvania
Eastern 95 45 47.4 14 14.7 33 34.7 3 3.2
Middle 70 34 48.6 13 18.6 15 21.4 8 11.4
Western 31 14 45.2 6 19.4 8 25.8 3 9.7
Virgin Islands 16 5 31.3 4 25.0 7 43.8 0 0.0

FOURTH CIRCUIT 800 405 50.6 109 13.6 162 20.3 124 15.5
Maryland 82 27 32.9 25 30.5 25 30.5 5 6.1
North Carolina
Eastern 162 125 77.2 11 6.8 15 9.3 11 6.8
Middle 91 39 42.9 11 12.1 9 9.9 32 35.2
Western 91 39 42.9 12 13.2 22 24.2 18 19.8
South Carolina 136 64 47.1 18 13.2 22 16.2 32 23.5
Virginia
Eastern 120 49 40.8 20 16.7 47 39.2 4 3.3
Western 34 13 38.2 6 17.6 13 38.2 2 5.9
West Virginia
Northern 44 22 50.0 1 2.3 5 11.4 16 36.4
Southern 40 27 67.5 5 12.5 4 10.0 4 10.0
178 | 2019 Sourcebook

Table A-1 (cont.)

Sentence and
CIRCUIT Total Sentence Only Conviction Conviction Only Anders Brief
District N N % N % N % N %
FIFTH CIRCUIT 1,520 661 43.5 107 7.0 176 11.6 576 37.9
Louisiana
Eastern 31 14 45.2 3 9.7 13 41.9 1 3.2
Middle 23 8 34.8 4 17.4 5 21.7 6 26.1
Western 54 29 53.7 4 7.4 9 16.7 12 22.2
Mississippi
Northern 10 9 90.0 1 10.0 0 0.0 0 0.0
Southern 44 29 65.9 7 15.9 2 4.5 6 13.6
Texas
Eastern 90 33 36.7 12 13.3 9 10.0 36 40.0
Northern 481 239 49.7 33 6.9 31 6.4 178 37.0
Southern 501 155 30.9 32 6.4 76 15.2 238 47.5
Western 286 145 50.7 11 3.8 31 10.8 99 34.6

SIXTH CIRCUIT 631 335 53.1 97 15.4 129 20.4 70 11.1

Kentucky
Eastern 104 55 52.9 14 13.5 24 23.1 11 10.6
Western 15 7 46.7 1 6.7 7 46.7 0 0.0
Michigan
Eastern 73 26 35.6 18 24.7 24 32.9 5 6.8
Western 78 45 57.7 10 12.8 8 10.3 15 19.2
Ohio
Northern 137 82 59.9 23 16.8 19 13.9 13 9.5
Southern 48 17 35.4 9 18.8 18 37.5 4 8.3
Tennessee
Eastern 57 38 66.7 8 14.0 6 10.5 5 8.8
Middle 33 22 66.7 2 6.1 7 21.2 2 6.1
Western 86 43 50.0 12 14.0 16 18.6 15 17.4

SEVENTH CIRCUIT 302 135 44.7 27 8.9 79 26.2 61 20.2

Illinois
Central 40 10 25.0 5 12.5 12 30.0 13 32.5
Northern 104 45 43.3 9 8.7 33 31.7 17 16.3
Southern 33 14 42.4 4 12.1 4 12.1 11 33.3
Indiana
Northern 30 17 56.7 4 13.3 7 23.3 2 6.7
Southern 34 17 50.0 2 5.9 7 20.6 8 23.5
Wisconsin
Eastern 27 10 37.0 1 3.7 12 44.4 4 14.8
Western 34 22 64.7 2 5.9 4 11.8 6 17.6

EIGHTH CIRCUIT 655 370 56.5 66 10.1 108 16.5 111 16.9
Arkansas
Eastern 54 36 66.7 6 11.1 11 20.4 1 1.9
Western 46 27 58.7 0 0.0 3 6.5 16 34.8
Iowa
Northern 84 46 54.8 8 9.5 13 15.5 17 20.2
Southern 83 46 55.4 6 7.2 12 14.5 19 22.9
Minnesota 86 53 61.6 15 17.4 9 10.5 9 10.5
Missouri
Eastern 60 38 63.3 4 6.7 13 21.7 5 8.3
Western 144 79 54.9 14 9.7 19 13.2 32 22.2
Nebraska 31 12 38.7 5 16.1 10 32.3 4 12.9
North Dakota 19 8 42.1 1 5.3 6 31.6 4 21.1
South Dakota 48 25 52.1 7 14.6 12 25.0 4 8.3
 Sentencing Appeals | 179

Table A-1 (cont.)

Sentence and
CIRCUIT Total Sentence Only Conviction Conviction Only Anders Brief
District N N % N % N % N %
NINTH CIRCUIT 907 393 43.3 168 18.5 291 32.1 55 6.1
Alaska 25 10 40.0 9 36.0 4 16.0 2 8.0
Arizona 126 39 31.0 20 15.9 37 29.4 30 23.8
California
Central 187 77 41.2 47 25.1 60 32.1 3 1.6
Eastern 80 33 41.3 17 21.3 26 32.5 4 5.0
Northern 62 26 41.9 7 11.3 29 46.8 0 0.0
Southern 120 64 53.3 16 13.3 39 32.5 1 0.8
Guam 7 1 14.3 1 14.3 5 71.4 0 0.0
Hawaii 29 13 44.8 3 10.3 12 41.4 1 3.4
Idaho 28 16 57.1 6 21.4 5 17.9 1 3.6
Montana 39 17 43.6 2 5.1 16 41.0 4 10.3
Nevada 70 29 41.4 19 27.1 18 25.7 4 5.7
Northern Mariana Islands 5 2 40.0 0 0.0 3 60.0 0 0.0
Oregon 40 28 70.0 4 10.0 8 20.0 0 0.0
Washington
Eastern 44 18 40.9 9 20.5 14 31.8 3 6.8
Western 45 20 44.4 8 17.8 15 33.3 2 4.4

TENTH CIRCUIT 268 132 49.3 29 10.8 82 30.6 25 9.3

Colorado 66 41 62.1 6 9.1 16 24.2 3 4.5
Kansas 41 16 39.0 4 9.8 18 43.9 3 7.3
New Mexico 61 30 49.2 8 13.1 17 27.9 6 9.8
Oklahoma
Eastern 13 7 53.8 1 7.7 3 23.1 2 15.4
Northern 13 5 38.5 3 23.1 3 23.1 2 15.4
Western 36 15 41.7 4 11.1 11 30.6 6 16.7
Utah 17 7 41.2 1 5.9 6 35.3 3 17.6
Wyoming 21 11 52.4 2 9.5 8 38.1 0 0.0

ELEVENTH CIRCUIT 751 361 48.1 131 17.4 180 24.0 79 10.5
Alabama
Middle 28 18 64.3 4 14.3 6 21.4 0 0.0
Northern 39 24 61.5 3 7.7 9 23.1 3 7.7
Southern 20 7 35.0 4 20.0 7 35.0 2 10.0
Florida
Middle 223 87 39.0 43 19.3 53 23.8 40 17.9
Northern 49 20 40.8 6 12.2 13 26.5 10 20.4
Southern 271 136 50.2 60 22.1 63 23.2 12 4.4
Georgia
Middle 31 16 51.6 2 6.5 10 32.3 3 9.7
Northern 63 40 63.5 7 11.1 14 22.2 2 3.2
Southern 27 13 48.1 2 7.4 5 18.5 7 25.9

¹ Of the 6,830 appeals cases, 37 were excluded because the type of appeal was 'unknown'. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

180 | 2019 Sourcebook

Table A-2

DISPOSITION OF OFFENDER ORIGINAL SENTENCING APPEALS

1
IN EACH CIRCUIT AND DISTRICT
Fiscal Year 2019

CIRCUIT Affirmed Reversed Affirmed and Reversed Dismissed Remanded

2
District Total N % N R % N R2 % N % N %
TOTAL 3,347 2,267 67.7 325 325 9.7 125 115 3.7 557 16.6 73 2.2

D.C. CIRCUIT 17 9 52.9 5 5 29.4 0 0 0.0 2 11.8 1 5.9

District of Columbia 17 9 52.9 5 5 29.4 0 0 0.0 2 11.8 1 5.9

FIRST CIRCUIT 112 87 77.7 7 7 6.3 1 1 0.9 12 10.7 5 4.5

Maine 17 16 94.1 0 0 0.0 0 0 0.0 1 5.9 0 0.0
Massachusetts 28 23 82.1 0 0 0.0 1 1 3.6 3 10.7 1 3.6
New Hampshire 4 3 75.0 0 0 0.0 0 0 0.0 1 25.0 0 0.0
Puerto Rico 61 43 70.5 7 7 11.5 0 0 0.0 7 11.5 4 6.6
Rhode Island 2 2 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

SECOND CIRCUIT 239 139 58.2 23 23 9.6 23 22 9.6 38 15.9 16 6.7

Connecticut 21 12 57.1 2 2 9.5 3 3 14.3 4 19.0 0 0.0
New York
Eastern 54 28 51.9 8 8 14.8 5 4 9.3 8 14.8 5 9.3
Northern 45 28 62.2 3 3 6.7 5 5 11.1 3 6.7 6 13.3
Southern 90 53 58.9 8 8 8.9 7 7 7.8 18 20.0 4 4.4
Western 22 12 54.5 2 2 9.1 2 2 9.1 5 22.7 1 4.5
Vermont 7 6 85.7 0 0 0.0 1 1 14.3 0 0.0 0 0.0

THIRD CIRCUIT 129 104 80.6 14 14 10.9 0 0 0.0 9 7.0 2 1.6

Delaware 1 1 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
New Jersey 21 18 85.7 1 1 4.8 0 0 0.0 2 9.5 0 0.0
Pennsylvania
Eastern 47 35 74.5 8 8 17.0 0 0 0.0 4 8.5 0 0.0
Middle 39 29 74.4 5 5 12.8 0 0 0.0 3 7.7 2 5.1
Western 14 14 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Virgin Islands 7 7 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

FOURTH CIRCUIT 371 232 62.5 22 22 5.9 3 3 0.8 114 30.7 0 0.0
Maryland 45 22 48.9 2 2 4.4 0 0 0.0 21 46.7 0 0.0
North Carolina
Eastern 94 61 64.9 4 4 4.3 0 0 0.0 29 30.9 0 0.0
Middle 37 26 70.3 3 3 8.1 1 1 2.7 7 18.9 0 0.0
Western 37 26 70.3 2 2 5.4 1 1 2.7 8 21.6 0 0.0
South Carolina 58 36 62.1 5 5 8.6 0 0 0.0 17 29.3 0 0.0
Virginia
Eastern 45 26 57.8 2 2 4.4 0 0 0.0 17 37.8 0 0.0
Western 11 9 81.8 1 1 9.1 0 0 0.0 1 9.1 0 0.0
West Virginia
Northern 20 17 85.0 1 1 5.0 0 0 0.0 2 10.0 0 0.0
Southern 24 9 37.5 2 2 8.3 1 1 4.2 12 50.0 0 0.0
 Sentencing Appeals | 181

Table A-2 (cont.)

CIRCUIT Affirmed Reversed Affirmed and Reversed Dismissed Remanded

District Total N % N R2 % N R2 % N % N %
FIFTH CIRCUIT 660 466 70.6 75 75 11.4 14 7 2.1 86 13.0 19 2.9
Louisiana
Eastern 12 6 50.0 2 2 16.7 0 0 0.0 4 33.3 0 0.0
Middle 12 8 66.7 3 3 25.0 0 0 0.0 1 8.3 0 0.0
Western 31 26 83.9 2 2 6.5 1 1 3.2 1 3.2 1 3.2
Mississippi
Northern 8 6 75.0 0 0 0.0 1 1 12.5 1 12.5 0 0.0
Southern 33 20 60.6 1 1 3.0 1 1 3.0 11 33.3 0 0.0
Texas
Eastern 37 20 54.1 4 4 10.8 0 0 0.0 11 29.7 2 5.4
Northern 233 184 79.0 17 17 7.3 4 0 1.7 25 10.7 3 1.3
Southern 166 120 72.3 16 16 9.6 5 2 3.0 14 8.4 11 6.6
Western 128 76 59.4 30 30 23.4 2 2 1.6 18 14.1 2 1.6

SIXTH CIRCUIT 331 241 72.8 38 38 11.5 7 7 2.1 43 13.0 2 0.6

Kentucky
Eastern 56 43 76.8 7 7 12.5 0 0 0.0 6 10.7 0 0.0
Western 4 3 75.0 0 0 0.0 0 0 0.0 1 25.0 0 0.0
Michigan
Eastern 36 25 69.4 0 0 0.0 0 0 0.0 11 30.6 0 0.0
Western 43 37 86.0 2 2 4.7 0 0 0.0 4 9.3 0 0.0
Ohio
Northern 83 58 69.9 16 16 19.3 3 3 3.6 5 6.0 1 1.2
Southern 18 11 61.1 2 2 11.1 1 1 5.6 4 22.2 0 0.0
Tennessee
Eastern 35 31 88.6 3 3 8.6 0 0 0.0 1 2.9 0 0.0
Middle 17 12 70.6 3 3 17.6 1 1 5.9 1 5.9 0 0.0
Western 39 21 53.8 5 5 12.8 2 2 5.1 10 25.6 1 2.6

SEVENTH CIRCUIT 145 96 66.2 20 20 13.8 6 6 4.1 16 11.0 7 4.8

Illinois
Central 14 13 92.9 1 1 7.1 0 0 0.0 0 0.0 0 0.0
Northern 50 34 68.0 4 4 8.0 3 3 6.0 5 10.0 4 8.0
Southern 15 10 66.7 3 3 20.0 1 1 6.7 1 6.7 0 0.0
Indiana
Northern 20 14 70.0 2 2 10.0 0 0 0.0 4 20.0 0 0.0
Southern 18 7 38.9 5 5 27.8 0 0 0.0 5 27.8 1 5.6
Wisconsin
Eastern 9 7 77.8 0 0 0.0 1 1 11.1 0 0.0 1 11.1
Western 19 11 57.9 5 5 26.3 1 1 5.3 1 5.3 1 5.3

EIGHTH CIRCUIT 361 270 74.8 17 17 4.7 4 3 1.1 67 18.6 3 0.8

Arkansas
Eastern 39 28 71.8 4 4 10.3 2 2 5.1 5 12.8 0 0.0
Western 26 19 73.1 0 0 0.0 1 1 3.8 6 23.1 0 0.0
Iowa
Northern 33 27 81.8 1 1 3.0 0 0 0.0 5 15.2 0 0.0
Southern 41 39 95.1 2 2 4.9 0 0 0.0 0 0.0 0 0.0
Minnesota 58 52 89.7 4 4 6.9 0 0 0.0 2 3.4 0 0.0
Missouri
Eastern 35 28 80.0 1 1 2.9 0 0 0.0 5 14.3 1 2.9
Western 79 44 55.7 4 4 5.1 1 0 1.3 28 35.4 2 2.5
Nebraska 11 11 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
North Dakota 8 3 37.5 0 0 0.0 0 0 0.0 5 62.5 0 0.0
South Dakota 31 19 61.3 1 1 3.2 0 0 0.0 11 35.5 0 0.0
182 | 2019 Sourcebook

Table A-2 (cont.)

CIRCUIT Affirmed Reversed Affirmed and Reversed Dismissed Remanded

District Total N % N R2 % N R2 % N % N %
NINTH CIRCUIT 428 251 58.6 62 62 14.5 53 52 12.4 51 11.9 11 2.6
Alaska 16 8 50.0 4 4 25.0 1 1 6.3 3 18.8 0 0.0
Arizona 44 25 56.8 6 6 13.6 5 5 11.4 6 13.6 2 4.5
California
Central 108 58 53.7 14 14 13.0 25 24 23.1 7 6.5 4 3.7
Eastern 33 26 78.8 1 1 3.0 2 2 6.1 3 9.1 1 3.0
Northern 24 18 75.0 3 3 12.5 0 0 0.0 3 12.5 0 0.0
Southern 63 39 61.9 10 10 15.9 13 13 20.6 1 1.6 0 0.0
Guam 2 1 50.0 1 1 50.0 0 0 0.0 0 0.0 0 0.0
Hawaii 13 9 69.2 2 2 15.4 0 0 0.0 2 15.4 0 0.0
Idaho 21 9 42.9 2 2 9.5 0 0 0.0 10 47.6 0 0.0
Montana 13 8 61.5 1 1 7.7 0 0 0.0 4 30.8 0 0.0
Nevada 37 20 54.1 8 8 21.6 3 3 8.1 4 10.8 2 5.4
Northern Mariana Islands 1 1 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Oregon 8 3 37.5 2 2 25.0 0 0 0.0 3 37.5 0 0.0
Washington
Eastern 20 11 55.0 4 4 20.0 2 2 10.0 3 15.0 0 0.0
Western 25 15 60.0 4 4 16.0 2 2 8.0 2 8.0 2 8.0

TENTH CIRCUIT 131 63 48.1 17 17 13.0 4 4 3.1 45 34.4 2 1.5

Colorado 44 21 47.7 5 5 11.4 1 1 2.3 17 38.6 0 0.0
Kansas 14 3 21.4 3 3 21.4 1 1 7.1 6 42.9 1 7.1
New Mexico 33 18 54.5 4 4 12.1 2 2 6.1 8 24.2 1 3.0
Oklahoma
Eastern 5 3 60.0 1 1 20.0 0 0 0.0 1 20.0 0 0.0
Northern 5 3 60.0 2 2 40.0 0 0 0.0 0 0.0 0 0.0
Western 16 8 50.0 1 1 6.3 0 0 0.0 7 43.8 0 0.0
Utah 5 1 20.0 1 1 20.0 0 0 0.0 3 60.0 0 0.0
Wyoming 9 6 66.7 0 0 0.0 0 0 0.0 3 33.3 0 0.0

ELEVENTH CIRCUIT 423 309 73.0 25 25 5.9 10 10 2.4 74 17.5 5 1.2

Alabama
Middle 18 10 55.6 1 1 5.6 0 0 0.0 6 33.3 1 5.6
Northern 24 19 79.2 1 1 4.2 0 0 0.0 4 16.7 0 0.0
Southern 6 5 83.3 0 0 0.0 0 0 0.0 1 16.7 0 0.0
Florida
Middle 115 85 73.9 5 5 4.3 3 3 2.6 20 17.4 2 1.7
Northern 26 23 88.5 2 2 7.7 1 1 3.8 0 0.0 0 0.0
Southern 170 127 74.7 12 12 7.1 5 5 2.9 24 14.1 2 1.2
Georgia
Middle 16 10 62.5 0 0 0.0 0 0 0.0 6 37.5 0 0.0
Northern 34 21 61.8 3 3 8.8 1 1 2.9 9 26.5 0 0.0
Southern 14 9 64.3 1 1 7.1 0 0 0.0 4 28.6 0 0.0

¹ Of the 6,830 appeals cases, 3,347 involved an appeal of the original sentence by the offender. The remaining appeals cases involved the following: type of appeal
was 'conviction only' (1,471), 'Anders Brief' (1,187), 'unknown' (37), the appeal was by the government only (47), the appeal was of an issue related to a post sentencing
matter (317), and/or the appeal was of a sentence imposed upon the revocation of probation or supervised release (428). Descriptions of variables used in this table are
provided in Appendix A.

² 'Remanded' includes cases that were remanded for sentencing purposes.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

 Sentencing Appeals | 183

Table A-3

DISPOSITION OF GOVERNMENT ORIGINAL SENTENCING APPEALS

1
IN EACH CIRCUIT AND DISTRICT
Fiscal Year 2019

CIRCUIT Affirmed Reversed Affirmed and Reversed Dismissed Remanded

2
District Total N % N R % N R2 % N % N %
TOTAL 62 7 11.3 47 47 75.8 3 3 4.8 1 1.6 4 6.5

D.C. CIRCUIT 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

District of Columbia 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

FIRST CIRCUIT 2 1 50.0 1 1 50.0 0 0 0.0 0 0.0 0 0.0

Maine 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Massachusetts 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
New Hampshire 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Puerto Rico 1 1 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Rhode Island 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

SECOND CIRCUIT 6 1 16.7 3 3 50.0 1 1 16.7 0 0.0 1 16.7

Connecticut 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
New York
Eastern 3 1 33.3 2 2 66.7 0 0 0.0 0 0.0 0 0.0
Northern 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Southern 2 0 0.0 0 0 0.0 1 1 50.0 0 0.0 1 50.0
Western 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Vermont 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

THIRD CIRCUIT 2 1 50.0 1 1 50.0 0 0 0.0 0 0.0 0 0.0

Delaware 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
New Jersey 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Pennsylvania
Eastern 1 1 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Middle 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Virgin Islands 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

FOURTH CIRCUIT 3 0 0.0 3 3 100.0 0 0 0.0 0 0.0 0 0.0

Maryland 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
North Carolina
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Middle 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Western 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
South Carolina 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Virginia
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
West Virginia
Northern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Southern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
184 | 2019 Sourcebook

Table A-3 (cont.)

CIRCUIT Affirmed Reversed Affirmed and Reversed Dismissed Remanded

District Total N % N R2 % N R2 % N % N %
FIFTH CIRCUIT 6 1 16.7 4 4 66.7 0 0 0.0 1 16.7 0 0.0
Louisiana
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Middle 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Mississippi
Northern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Southern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Texas
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Northern 3 1 33.3 1 1 33.3 0 0 0.0 1 33.3 0 0.0
Southern 2 0 0.0 2 2 100.0 0 0 0.0 0 0.0 0 0.0
Western 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0

SIXTH CIRCUIT 28 0 0.0 27 27 96.4 1 1 3.6 0 0.0 0 0.0

Kentucky
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 2 0 0.0 2 2 100.0 0 0 0.0 0 0.0 0 0.0
Michigan
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Ohio
Northern 2 0 0.0 1 1 50.0 1 1 50.0 0 0.0 0 0.0
Southern 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Tennessee
Eastern 3 0 0.0 3 3 100.0 0 0 0.0 0 0.0 0 0.0
Middle 7 0 0.0 7 7 100.0 0 0 0.0 0 0.0 0 0.0
Western 13 0 0.0 13 13 100.0 0 0 0.0 0 0.0 0 0.0

SEVENTH CIRCUIT 1 1 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

Illinois
Central 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Northern 1 1 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Southern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Indiana
Northern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Southern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Wisconsin
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

EIGHTH CIRCUIT 1 0 0.0 0 0 0.0 0 0 0.0 0 0.0 1 100.0

Arkansas
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Iowa
Northern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Southern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Minnesota 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Missouri
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 1 0 0.0 0 0 0.0 0 0 0.0 0 0.0 1 100.0
Nebraska 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
North Dakota 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
South Dakota 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
 Sentencing Appeals | 185

Table A-3 (cont.)

CIRCUIT Affirmed Reversed Affirmed and Reversed Dismissed Remanded

District Total N % N R2 % N R2 % N % N %
NINTH CIRCUIT 5 0 0.0 3 3 60.0 0 0 0.0 0 0.0 2 40.0
Alaska 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Arizona 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
California
Central 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Northern 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Southern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Guam 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Hawaii 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Idaho 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Montana 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Nevada 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Northern Mariana Islands 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Oregon 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Washington
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 2 0 0.0 0 0 0.0 0 0 0.0 0 0.0 2 100.0

TENTH CIRCUIT 7 2 28.6 4 4 57.1 1 1 14.3 0 0.0 0 0.0

Colorado 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Kansas 2 0 0.0 1 1 50.0 1 1 50.0 0 0.0 0 0.0
New Mexico 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Oklahoma
Eastern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Northern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Western 1 1 100.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Utah 3 1 33.3 2 2 66.7 0 0 0.0 0 0.0 0 0.0
Wyoming 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

ELEVENTH CIRCUIT 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0

Alabama
Middle 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Northern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Southern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Florida
Middle 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Northern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Southern 1 0 0.0 1 1 100.0 0 0 0.0 0 0.0 0 0.0
Georgia
Middle 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Northern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0
Southern 0 0 0.0 0 0 0.0 0 0 0.0 0 0.0 0 0.0

¹ Of the 6,830 appeals cases, 62 involved an appeal of the original sentence by the government. The remaining appeals cases involved the following: type of appeal was
'conviction only' (1,471), 'Anders Brief' (1,187), 'unknown' (37), the appeal was by the offender only (4,069), the appeal was of an issue related to a post sentencing
matter (317), and/or the appeal was of a sentence imposed upon the revocation of probation or supervised release (428). Descriptions of variables used in this table are
provided in Appendix A.

² 'Remanded' includes cases that were remanded for sentencing purposes.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

186 | 2019 Sourcebook

Table A-4
GUIDELINE FORMING THE BASIS FOR REVERSAL OR REMAND IN
OFFENDER APPEALS OF THE ORIGINAL SENTENCE1
Fiscal Year 2019

GUIDELINE N %
NUMBER OF OFFENDER APPEALS 513 --
§5D1.3 (Conditions of Supervised Release) 107 20.9
§2K2.1 (Firearms) 29 5.7
§5E1.1 (Restitution) 24 4.7
§2D1.1 (Drug Trafficking) 23 4.5
§4B1.4 (Armed Career Criminal) 22 4.3
§2L1.2 (Unlawfully Entering or Remaining in the United States) 18 3.5
§2B1.1 (Larceny, Embezzlement, and Theft) 14 2.7
§5D1.2 (Terms of Supervised Release) 12 2.3
§6A1.3 (Resolution of Disputed Factors) 12 2.3
§5E1.4 (Forfeiture) 12 2.3
§4B1.2 (Definitions for Career Offender) 12 2.3
§4B1.1 (Career Offender) 10 1.9
§1B1.3 (Relevant Conduct) 9 1.8
§1B1.11 (Use of Guideline Manual in Effect at Sentencing) 8 1.6
§4A1.1 (Criminal History Category) 8 1.6
§4A1.2 (Definitions and Instructions of Criminal History) 8 1.6
§5G1.2 (Sentencing on Multiple Counts of Conviction) 8 1.6
§3B1.2 (Mitigating Role) 7 1.4
§3C1.1 (Obstruction of Justice) 7 1.4
§5G1.3 (Imposition of Sentence; Defendant Subject to Undischarged Term of Prison) 6 1.2
§3E1.1 (Acceptance of Responsibility) 6 1.2
§3B1.1 (Aggravating Role) 4 0.8
§2G2.2 (Trafficking Material Involving Sexual Exploitation of Minors) 4 0.8
§3D1.4 (Determining the Combined Offense Level) 4 0.8
§5C1.2 (Limitation on Applicability of Statutory Minimums) 3 0.6
§5K2.23 (Discharged Terms of Imprisonment) 3 0.6
§3B1.3 (Abuse of Position of Trust or Use of Special Skill) 3 0.6
§2B3.1 (Robbery) 3 0.6
Reasonableness Issues 401 78.2
Other Non-guideline Issues 231 45.0
Other Guidelines 41 8.0
Constitutional Issues 5 1.0

¹ Based on 3,347 appeals by offenders of the original sentence. Of these 3,347 appeals, 2,834 were excluded because the lower court
sentence was affirmed by the circuit court. Often more than one issue was appealed; consequently, the number of guidelines or other issues
listed is more than the number of cases appealed by the offender and the percent column (%) does not add to 100%. If more than one
issue involving a guideline was appealed in the same appeal that guideline was counted only once. The 'Other Guideline' category
includes all guidelines appealed less than three times. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

 Sentencing Appeals | 187

Table A-5
GUIDELINE FORMING THE BASIS FOR REVERSAL OR REMAND IN
GOVERNMENT APPEALS OF THE ORIGINAL SENTENCE1
Fiscal Year 2019

GUIDELINE N %
NUMBER OF GOVERNMENT APPEALS 54 --
§4B1.4 (Armed Career Criminal) 27 50.0
§2K2.1 (Firearms) 5 9.3
§2B1.1 (Larceny, Embezzlement, and Theft) 3 5.6
§5E1.4 (Forfeiture) 2 3.7
§5D1.2 (Terms of Supervised Release) 1 1.9
§5E1.1 (Restitution) 1 1.9
§2G1.3 (Transportation of a Minor to Engage in Prohibited Sexual Conduct) 1 1.9
§5D1.3 (Conditions of Supervised Release) 1 1.9
§4B1.2 (Definitions for Career Offender) 1 1.9
§2H1.1 (Offenses Involving Individual Rights) 1 1.9
§2B1.6 (Aggravated Identity Theft) 1 1.9
§3C1.1 (Obstruction of Justice) 1 1.9
§3A1.4 (Terrorism) 1 1.9
Reasonableness Issues 48 88.9
Other Non-guideline Issues 29 53.7

¹ Based on 62 appeals by the government of the original sentence. Of these 62 appeals, eight were excluded because the lower court
sentence was affirmed by the circuit court. Often more than one issue was appealed; consequently, the number of guidelines or other issues
listed is more than the number of cases appealed by the offender and the percent column (%) does not add to 100%. If more than one issue
involving a guideline was appealed in the same appeal that guideline was counted only once. Descriptions of variables used in this
table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

188 | 2019 Sourcebook

Table A-6
REASONABLENESS ISSUES APPEALED IN CASES WHERE THE
ORIGINAL SENTENCE WAS REVERSED OR REMANDED1
Fiscal Year 2019

ISSUE N %
REASONABLENESS ISSUES 357 100.0
Procedural: Court improperly calculated guidelines range 308 86.3
Procedural: Court did not adequately explain the chosen sentence 15 4.2
Procedural: Court failed to address/improperly considered 18 U.S.C. § 3553(a) factors 13 3.6
Procedural: Court selected a sentence based on clearly erroneous facts 12 3.4
Substantive: Unreasonable weighing decision 6 1.7
Procedural: Court did not treat the guidelines as advisory 3 0.8

¹ Based on 4,135 appeals where the sentence imposed was at least one of the reasons for appeal. Of these 4,135 cases, 3,390 were
appeals of the original sentence. Of these 3,390 appeals of the original sentence, 562 were reversed or remanded. Often more than one
reasonableness issue was appealed; consequently, the number of issues may be more than the number of sentencing appeals that were
reversed or remanded. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

 Sentencing Appeals | 189

Table A-7

OFFENSE AND OFFENDER CHARACTERISTICS IN

ORIGINAL SENTENCE APPEALS CASES
Fiscal Year 2019

OFFENSE AND OFFENDER APPELLATE COURT CASES 1 DISTRICT COURT CASES 2

CHARACTERISTICS N % N %

Race
White 903 26.8 15,033 19.9
Black 1,340 39.7 15,326 20.2
Hispanic 1,011 30.0 42,620 56.3
Other 119 3.5 2,750 3.6
TOTAL 3,373 100.0 75,729 100.0

Gender
Male 3,136 92.9 67,037 87.7
Female 240 7.1 9,390 12.3
TOTAL 3,376 100.0 76,427 100.0

Education
Less than High School Graduate 1,159 34.6 32,996 48.5
High School Graduate 1,237 37.0 20,465 30.1
Some College 670 20.0 10,836 15.9
College Graduate 281 8.4 3,770 5.5
TOTAL 3,347 100.0 68,067 100.0

Citizenship
U.S. Citizen 2,652 78.6 42,136 55.4
Non-U.S. Citizen 722 21.4 33,974 44.6
TOTAL 3,374 100.0 76,110 100.0

Criminal History Category

Category I 1,009 29.9 34,664 45.7
Category II 322 9.5 11,095 14.6
Category III 518 15.4 12,280 16.2
Category IV 426 12.6 7,051 9.3
Category V 311 9.2 4,174 5.5
Category VI 788 23.4 6,545 8.6
TOTAL 3,374 100.0 75,809 100.0

Mandatory Minimum
No Mandatory Minimum 1,947 57.6 57,716 75.4
Gun Mandatory Minimum 340 10.1 2,465 3.2
Drug Mandatory Minimum 605 17.9 12,480 16.3
Gun and Drug Mandatory Minimum 80 2.4 956 1.2
Other Mandatory Minimum 406 12.0 2,921 3.8
TOTAL 3,378 100.0 76,538 100.0

¹ Based on 4,135 appeals cases where the sentence imposed was at least one of the reasons for appeal. Of these 4,135 cases, 3,390 were appeals
of the original sentence. These cases were merged with the U.S. Sentencing Commission's Monitoring Datafiles from 1989-2019 (MONFY89,
MONFY90, USSCFY91-USSCFY19). Of the 3,390 cases, 12 could not be matched with its original case.

² All individual offender original sentencings in fiscal year 2019. Totals may vary slightly due to the different numbers of missing cases by specific
variables. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

190 | 2019 Sourcebook

Table A-8

SENTENCE LENGTH FOR OFFENDERS IN ORIGINAL SENTENCE

APPEALS CASES BY TYPE OF CRIME
Fiscal Year 2019
APPELLATE COURT CASES1 DISTRICT COURT CASES2
Mean Median Mean Median
TYPE OF CRIME N % Mths Mths N % Mths Mths
TOTAL 3,376 100.0 139 108 76,538 100.0 42 18
Administration of Justice 17 0.5 40 24 698 0.9 12 8
Antitrust 0 0.0 -- -- 20 0.0 6 4
Arson 3 0.1 65 57 68 0.1 76 60
Assault 42 1.2 154 120 787 1.0 64 36
Bribery/Corruption 15 0.4 64 51 341 0.4 22 12
Burglary/Trespass 2 0.1 -- -- 64 0.1 16 14
Child Pornography 141 4.2 160 136 1,368 1.8 103 84
Commercialized Vice 10 0.3 37 32 90 0.1 24 20
Drug Possession 0 0.0 -- -- 563 0.7 2 0
Drug Trafficking 998 29.6 171 151 19,830 25.9 76 60
Environmental 4 0.1 24 20 179 0.2 3 0
Extortion/Racketeering 9 0.3 143 121 185 0.2 32 27
Firearms 685 20.3 113 92 8,481 11.1 50 39
Food and Drug 0 0.0 -- -- 48 0.1 9 0
Forgery/Counter/Copyright 2 0.1 -- -- 276 0.4 15 12
Fraud/Theft/Embezzlement 390 11.6 83 61 6,390 8.3 21 12
Immigration 388 11.5 39 36 29,354 38.4 9 6
Individual Rights 7 0.2 91 87 68 0.1 29 3
Kidnapping 22 0.7 321 324 96 0.1 171 120
Manslaughter 4 0.1 93 97 74 0.1 70 60
Money Laundering 107 3.2 141 111 1,177 1.5 61 33
Murder 77 2.3 397 470 373 0.5 255 240
National Defense 10 0.3 154 52 195 0.3 42 24
Obscenity/Other Sex Offenses 17 0.5 26 27 393 0.5 20 18
Prison Offenses 24 0.7 20 17 628 0.8 11 8
Robbery 158 4.7 195 154 1,825 2.4 109 92
Sexual Abuse 167 4.9 298 300 1,165 1.5 205 180
Stalking/Harassing 29 0.9 63 57 223 0.3 29 24
Tax 41 1.2 55 48 547 0.7 16 12
Other 7 0.2 31 18 1,032 1.3 3 0

¹ Based on 4,135 appeals cases where the sentence imposed was at least one of the reasons for appeal. Of these 4,135 cases, 3,390 were appeals
of the original sentence. These cases were merged with the U.S. Sentencing Commission's Monitoring Datafiles from 1989-2019 (MONFY89,
MONFY90, USSCFY91-USSCFY19). Of the 3,390 cases, 12 could not be matched with its original case. Of 3,378 matched cases, two were excluded
due to missing type of crime. Descriptions of variables used in this table are provided in Appendix A.

² All individual offender original sentencings in fiscal year 2019.

SOURCE: U.S. Sentencing Commission, 2019 Appeals Datafile, APPFY19.

 RESENTENCINGS AND OTHER
MODIFICATIONS OF SENTENCE
192 | 2019 Sourcebook

Figure R

DISTRIBUTION OF OFFENDERS BY TYPE OF RESENTENCING

OR OTHER MODIFICATION OF SENTENCE1
Fiscal Year 2019

Remand by Circuit Court

18 U.S.C. § 3742(f)(1)/(2)
10.0%

Substantial Assistance
Fed. R. Crim. P. 35(b)
20.8%

First Step Act

(Sec. 404)
42.1%

Compelling Reasons
Modification
18 U.S.C. § 3582(c)(1)(A)
1.8%
Unknown Type Retroactive
of Resentencing Amendment
1.1% Modification
18 U.S.C. § 3582(c)(2)
Restitution Order 5.4%
Modification District Court Motion District Court Motion
18 U.S.C. § 3664 18 U.S.C. § 3559(c)(7) 28 U.S.C. § 2255
13.1% 0.3% 5.3%

1
This figure includes the 5,139 resentencing cases reported to the Commission. Modification of supervision
conditions is a type of resentencing, but information was not collected for this type of case. Descriptions
of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Resentencing Datafile, RESENTFY19.

 Resentencings and Other Modifications of Sentence | 193

Table R

TYPE OF RESENTENCING OR OTHER MODIFICATION OF SENTENCE

IN EACH CIRCUIT AND DISTRICT1
Fiscal Year 2019
Substantial Restitution District Compelling Retroactive
Assistance Order Remand By District Court Court Reasons Amendment
Federal Modification Circuit Court Motion Motion Modification Modification Fist Step
R.Crim.P. 18 U.S.C. § 18 U.S.C. § 18 U.S.C. § 28 U.S.C. § 18 U.S.C. § 18 U.S.C. § Act
CIRCUIT 35(b) 3664 3742(f)(1)/(2) 3559(c)(7) 2255 3582(c)(1)(A) 3582(c)(2) (Sec. 404)
District Total N % N % N % N % N % N % N % N %
TOTAL 5,082 1,070 21.1 675 13.3 516 10.2 15 0.3 270 5.3 90 1.8 280 5.5 2,166 42.6

D.C. CIRCUIT 51 0 0.0 5 9.8 16 31.4 0 0.0 13 25.5 0 0.0 5 9.8 12 23.5
District of Columbia 51 0 0.0 5 9.8 16 31.4 0 0.0 13 25.5 0 0.0 5 9.8 12 23.5

FIRST CIRCUIT 151 12 7.9 24 15.9 17 11.3 1 0.7 16 10.6 1 0.7 17 11.3 63 41.7
Maine 23 1 4.3 3 13.0 2 8.7 0 0.0 0 0.0 0 0.0 0 0.0 17 73.9
Massachusetts 39 3 7.7 6 15.4 2 5.1 0 0.0 5 12.8 0 0.0 1 2.6 22 56.4
New Hampshire 16 1 6.3 6 37.5 0 0.0 0 0.0 6 37.5 0 0.0 0 0.0 3 18.8
Puerto Rico 46 7 15.2 2 4.3 13 28.3 1 2.2 5 10.9 1 2.2 16 34.8 1 2.2
Rhode Island 27 0 0.0 7 25.9 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 20 74.1

SECOND CIRCUIT 234 20 8.5 52 22.2 49 20.9 0 0.0 21 9.0 4 1.7 16 6.8 72 30.8
Connecticut 27 0 0.0 0 0.0 1 3.7 0 0.0 4 14.8 0 0.0 1 3.7 21 77.8
New York
Eastern 54 3 5.6 16 29.6 17 31.5 0 0.0 2 3.7 4 7.4 5 9.3 7 13.0
Northern 29 3 10.3 5 17.2 10 34.5 0 0.0 0 0.0 0 0.0 0 0.0 11 37.9
Southern 93 10 10.8 29 31.2 13 14.0 0 0.0 14 15.1 0 0.0 6 6.5 21 22.6
Western 26 4 15.4 0 0.0 6 23.1 0 0.0 1 3.8 0 0.0 4 15.4 11 42.3
Vermont 5 0 0.0 2 40.0 2 40.0 0 0.0 0 0.0 0 0.0 0 0.0 1 20.0

THIRD CIRCUIT 180 8 4.4 17 9.4 26 14.4 0 0.0 15 8.3 4 2.2 9 5.0 101 56.1
Delaware 3 0 0.0 1 33.3 1 33.3 0 0.0 0 0.0 0 0.0 1 33.3 0 0.0
New Jersey 31 1 3.2 7 22.6 5 16.1 0 0.0 2 6.5 2 6.5 3 9.7 11 35.5
Pennsylvania
Eastern 63 3 4.8 5 7.9 13 20.6 0 0.0 8 12.7 1 1.6 0 0.0 33 52.4
Middle 45 2 4.4 0 0.0 3 6.7 0 0.0 4 8.9 0 0.0 2 4.4 34 75.6
Western 33 2 6.1 1 3.0 2 6.1 0 0.0 1 3.0 1 3.0 3 9.1 23 69.7
Virgin Islands 5 0 0.0 3 60.0 2 40.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0

FOURTH CIRCUIT 1,078 282 26.2 59 5.5 38 3.5 3 0.3 49 4.5 9 0.8 35 3.2 603 55.9
Maryland 63 10 15.9 10 15.9 5 7.9 0 0.0 6 9.5 0 0.0 9 14.3 23 36.5
North Carolina
Eastern 155 7 4.5 0 0.0 7 4.5 0 0.0 8 5.2 2 1.3 3 1.9 128 82.6
Middle 57 6 10.5 0 0.0 2 3.5 0 0.0 9 15.8 3 5.3 1 1.8 36 63.2
Western 104 23 22.1 24 23.1 5 4.8 0 0.0 8 7.7 2 1.9 1 1.0 41 39.4
South Carolina 232 52 22.4 10 4.3 8 3.4 3 1.3 8 3.4 0 0.0 11 4.7 140 60.3
Virginia
Eastern 284 150 52.8 2 0.7 8 2.8 0 0.0 4 1.4 1 0.4 6 2.1 113 39.8
Western 155 31 20.0 6 3.9 0 0.0 0 0.0 5 3.2 1 0.6 4 2.6 108 69.7
West Virginia
Northern 17 2 11.8 6 35.3 2 11.8 0 0.0 0 0.0 0 0.0 0 0.0 7 41.2
Southern 11 1 9.1 1 9.1 1 9.1 0 0.0 1 9.1 0 0.0 0 0.0 7 63.6
194 | 2019 Sourcebook

Table R (cont.)
Substantial Restitution District Compelling Retroactive
Assistance Order Remand By District Court Court Reasons Amendment
Federal Modification Circuit Court Motion Motion Modification Modification Fist Step
R.Crim.P. 18 U.S.C. § 18 U.S.C. § 18 U.S.C. § 28 U.S.C. § 18 U.S.C. § 18 U.S.C. § Act
CIRCUIT 35(b) 3664 3742(f)(1)/(2) 3559(c)(7) 2255 3582(c)(1)(A) 3582(c)(2) (Sec. 404)
District Total N % N % N % N % N % N % N % N %
FIFTH CIRCUIT 502 109 21.7 54 10.8 85 16.9 0 0.0 20 4.0 13 2.6 46 9.2 175 34.9
Louisiana
Eastern 73 3 4.1 3 4.1 1 1.4 0 0.0 1 1.4 1 1.4 2 2.7 62 84.9
Middle 23 4 17.4 6 26.1 3 13.0 0 0.0 1 4.3 0 0.0 1 4.3 8 34.8
Western 27 2 7.4 0 0.0 2 7.4 0 0.0 0 0.0 1 3.7 0 0.0 22 81.5
Mississippi
Northern 8 3 37.5 0 0.0 2 25.0 0 0.0 0 0.0 0 0.0 1 12.5 2 25.0
Southern 41 24 58.5 10 24.4 1 2.4 0 0.0 2 4.9 0 0.0 0 0.0 4 9.8
Texas
Eastern 84 33 39.3 4 4.8 1 1.2 0 0.0 2 2.4 2 2.4 11 13.1 31 36.9
Northern 52 8 15.4 7 13.5 14 26.9 0 0.0 8 15.4 2 3.8 5 9.6 8 15.4
Southern 107 13 12.1 21 19.6 42 39.3 0 0.0 1 0.9 5 4.7 14 13.1 11 10.3
Western 87 19 21.8 3 3.4 19 21.8 0 0.0 5 5.7 2 2.3 12 13.8 27 31.0

SIXTH CIRCUIT 457 78 17.1 43 9.4 49 10.7 0 0.0 16 3.5 12 2.6 30 6.6 229 50.1
Kentucky
Eastern 45 6 13.3 11 24.4 10 22.2 0 0.0 2 4.4 0 0.0 1 2.2 15 33.3
Western 16 2 12.5 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 1 6.3 13 81.3
Michigan
Eastern 82 20 24.4 18 22.0 3 3.7 0 0.0 4 4.9 0 0.0 4 4.9 33 40.2
Western 51 11 21.6 3 5.9 3 5.9 0 0.0 1 2.0 1 2.0 2 3.9 30 58.8
Ohio
Northern 76 2 2.6 7 9.2 15 19.7 0 0.0 2 2.6 1 1.3 2 2.6 47 61.8
Southern 31 8 25.8 1 3.2 2 6.5 0 0.0 0 0.0 2 6.5 0 0.0 18 58.1
Tennessee
Eastern 109 16 14.7 1 0.9 7 6.4 0 0.0 5 4.6 7 6.4 18 16.5 55 50.5
Middle 12 2 16.7 2 16.7 3 25.0 0 0.0 0 0.0 1 8.3 1 8.3 3 25.0
Western 35 11 31.4 0 0.0 6 17.1 0 0.0 2 5.7 0 0.0 1 2.9 15 42.9

SEVENTH CIRCUIT 520 68 13.1 57 11.0 40 7.7 5 1.0 22 4.2 9 1.7 47 9.0 272 52.3
Illinois
Central 110 12 10.9 5 4.5 3 2.7 0 0.0 4 3.6 2 1.8 1 0.9 83 75.5
Northern 110 2 1.8 17 15.5 16 14.5 0 0.0 4 3.6 3 2.7 7 6.4 61 55.5
Southern 76 35 46.1 7 9.2 2 2.6 0 0.0 3 3.9 2 2.6 1 1.3 26 34.2
Indiana
Northern 37 4 10.8 1 2.7 1 2.7 0 0.0 0 0.0 0 0.0 3 8.1 28 75.7
Southern 93 4 4.3 15 16.1 8 8.6 1 1.1 5 5.4 1 1.1 35 37.6 24 25.8
Wisconsin
Eastern 41 4 9.8 10 24.4 5 12.2 4 9.8 4 9.8 0 0.0 0 0.0 14 34.1
Western 53 7 13.2 2 3.8 5 9.4 0 0.0 2 3.8 1 1.9 0 0.0 36 67.9

EIGHTH CIRCUIT 454 145 31.9 59 13.0 33 7.3 0 0.0 30 6.6 5 1.1 8 1.8 174 38.3
Arkansas
Eastern 48 19 39.6 0 0.0 4 8.3 0 0.0 0 0.0 2 4.2 1 2.1 22 45.8
Western 11 5 45.5 1 9.1 0 0.0 0 0.0 0 0.0 0 0.0 1 9.1 4 36.4
Iowa
Northern 34 12 35.3 0 0.0 4 11.8 0 0.0 1 2.9 0 0.0 0 0.0 17 50.0
Southern 58 4 6.9 10 17.2 5 8.6 0 0.0 0 0.0 0 0.0 1 1.7 38 65.5
Minnesota 50 2 4.0 24 48.0 7 14.0 0 0.0 1 2.0 1 2.0 0 0.0 15 30.0
Missouri
Eastern 69 9 13.0 6 8.7 1 1.4 0 0.0 14 20.3 0 0.0 0 0.0 39 56.5
Western 46 2 4.3 1 2.2 6 13.0 0 0.0 9 19.6 0 0.0 4 8.7 24 52.2
Nebraska 65 43 66.2 7 10.8 1 1.5 0 0.0 1 1.5 1 1.5 1 1.5 11 16.9
North Dakota 14 1 7.1 1 7.1 4 28.6 0 0.0 4 28.6 1 7.1 0 0.0 3 21.4
South Dakota 59 48 81.4 9 15.3 1 1.7 0 0.0 0 0.0 0 0.0 0 0.0 1 1.7
 Resentencings and Other Modifications of Sentence | 195

Table R (cont.)
Substantial Restitution District Compelling Retroactive
Assistance Order Remand By District Court Court Reasons Amendment
Federal Modification Circuit Court Motion Motion Modification Modification Fist Step
R.Crim.P. 18 U.S.C. § 18 U.S.C. § 18 U.S.C. § 28 U.S.C. § 18 U.S.C. § 18 U.S.C. § Act
CIRCUIT 35(b) 3664 3742(f)(1)/(2) 3559(c)(7) 2255 3582(c)(1)(A) 3582(c)(2) (Sec. 404)
District Total N % N % N % N % N % N % N % N %
NINTH CIRCUIT 383 25 6.5 141 36.8 98 25.6 3 0.8 30 7.8 8 2.1 18 4.7 60 15.7
Alaska 6 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 1 16.7 5 83.3
Arizona 25 1 4.0 9 36.0 11 44.0 0 0.0 0 0.0 1 4.0 2 8.0 1 4.0
California
Central 76 2 2.6 11 14.5 26 34.2 0 0.0 3 3.9 4 5.3 9 11.8 21 27.6
Eastern 41 2 4.9 15 36.6 7 17.1 0 0.0 0 0.0 0 0.0 3 7.3 14 34.1
Northern 44 3 6.8 29 65.9 3 6.8 0 0.0 3 6.8 1 2.3 2 4.5 3 6.8
Southern 38 5 13.2 4 10.5 18 47.4 3 7.9 6 15.8 1 2.6 0 0.0 1 2.6
Guam 5 0 0.0 2 40.0 2 40.0 0 0.0 1 20.0 0 0.0 0 0.0 0 0.0
Hawaii 7 5 71.4 1 14.3 1 14.3 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0
Idaho 8 2 25.0 4 50.0 1 12.5 0 0.0 0 0.0 0 0.0 0 0.0 1 12.5
Montana 13 2 15.4 3 23.1 2 15.4 0 0.0 5 38.5 0 0.0 1 7.7 0 0.0
Nevada 31 0 0.0 15 48.4 12 38.7 0 0.0 3 9.7 0 0.0 0 0.0 1 3.2
Northern Mariana Islands 1 0 0.0 0 0.0 1 100.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0
Oregon 51 0 0.0 38 74.5 3 5.9 0 0.0 7 13.7 0 0.0 0 0.0 3 5.9
Washington
Eastern 7 2 28.6 0 0.0 2 28.6 0 0.0 1 14.3 0 0.0 0 0.0 2 28.6
Western 30 1 3.3 10 33.3 9 30.0 0 0.0 1 3.3 1 3.3 0 0.0 8 26.7

TENTH CIRCUIT 185 42 22.7 34 18.4 27 14.6 0 0.0 9 4.9 5 2.7 27 14.6 41 22.2
Colorado 17 2 11.8 5 29.4 6 35.3 0 0.0 0 0.0 0 0.0 0 0.0 4 23.5
Kansas 53 7 13.2 2 3.8 4 7.5 0 0.0 4 7.5 1 1.9 10 18.9 25 47.2
New Mexico 14 0 0.0 5 35.7 6 42.9 0 0.0 0 0.0 0 0.0 1 7.1 2 14.3
Oklahoma
Eastern 7 4 57.1 0 0.0 2 28.6 0 0.0 0 0.0 0 0.0 0 0.0 1 14.3
Northern 8 2 25.0 1 12.5 2 25.0 0 0.0 0 0.0 0 0.0 0 0.0 3 37.5
Western 21 3 14.3 6 28.6 2 9.5 0 0.0 3 14.3 0 0.0 2 9.5 5 23.8
Utah 26 1 3.8 10 38.5 4 15.4 0 0.0 1 3.8 1 3.8 8 30.8 1 3.8
Wyoming 39 23 59.0 5 12.8 1 2.6 0 0.0 1 2.6 3 7.7 6 15.4 0 0.0

ELEVENTH CIRCUIT 887 281 31.7 130 14.7 38 4.3 3 0.3 29 3.3 20 2.3 22 2.5 364 41.0
Alabama
Middle 9 1 11.1 5 55.6 0 0.0 0 0.0 1 11.1 0 0.0 1 11.1 1 11.1
Northern 28 4 14.3 4 14.3 1 3.6 0 0.0 0 0.0 1 3.6 3 10.7 15 53.6
Southern 21 0 0.0 0 0.0 0 0.0 0 0.0 5 23.8 0 0.0 0 0.0 16 76.2
Florida
Middle 261 87 33.3 12 4.6 14 5.4 0 0.0 8 3.1 5 1.9 5 1.9 130 49.8
Northern 75 13 17.3 1 1.3 3 4.0 0 0.0 4 5.3 4 5.3 0 0.0 50 66.7
Southern 405 167 41.2 99 24.4 15 3.7 3 0.7 8 2.0 6 1.5 4 1.0 103 25.4
Georgia
Middle 34 2 5.9 9 26.5 1 2.9 0 0.0 0 0.0 1 2.9 0 0.0 21 61.8
Northern 26 3 11.5 0 0.0 4 15.4 0 0.0 3 11.5 2 7.7 9 34.6 5 19.2
Southern 28 4 14.3 0 0.0 0 0.0 0 0.0 0 0.0 1 3.6 0 0.0 23 82.1

1
Of the 5,139 cases, 57 were excluded due to missing type of resentencing or modification of sentence. Modification of supervision conditions is a type of resentencing,
but information was not collected for this type. Descriptions of variables used in this table are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2019 Resentencing Datafile, RESENTFY19.

196 | 2019 Sourcebook
 APPENDIX A
Descriptions of Datafiles and Variables
198 | 2019 Sourcebook

Introduction
The Commission’s research program is based on data from the Federal courts. The
Commission collects data regarding every felony and class A misdemeanor offense sentenced
each year. To facilitate this data collection, the courts are statutorily required to submit five
sentencing documents to the Commission within 30 days of entry of judgment in a criminal
case: (1) the charging document (information/indictment), (2) the plea agreement (if any), (3) the
Presentence Report (if any), (4) the Judgment and Commitment Order, and (5) the Statement of
Reasons form. The Commission analyzes these documents and collects information of interest
and importance to policymakers and the federal criminal justice community.

Tables in this report use the Commission’s datafile, USSCFY19, which includes
information on the 76,538 individual offenders sentenced between October 1, 2018, through
September 30, 2019, for whom sentencing documents were received as of February 21, 2020.
This report also provides data on 118 organizational offenders sentenced during that period.
Also, this report provides data on 5,082 offenders resentenced by the district court or whose
sentence was modified in some other way during that period. Finally, this report provides data
on 6,830 appeals cases decided during fiscal year 2019.

Given the nature of the datafile and reporting requirements, the following are not
included: cases initiated but for which no convictions were obtained, offenders convicted but
who have not been sentenced, and offenders sentenced but for whom no sentencing documents
were submitted to the Commission. Cases in which a sentence of death was imposed also are
not available in this dataset as the sentencing guidelines do not apply to those cases.

Note that for all tables, total percentages may not add up to 100 percent due to rounding.

Variables
The following section describes the variables used in this report.

Age

The Age of the offender on the day of sentencing is calculated using the date of sentencing
as reported in the Judgment and Commitment Order and the offender’s date of birth as reported
either in the Presentence Report or in the case submission information provided by the court
when submitting the case to the Commission. Offenders under the age of 18 at the time of
sentencing were charged as adults for a federal felony or Class A misdemeanor.
 Appendix A | 199

Anders Brief

Anders Brief cases are those in which the defendant’s counsel files a motion for
leave to withdraw from representation, and asserts that counsel has reviewed the case and
concludes there are no non-frivolous grounds for appeal; whereupon the appellate court, after
independently reviewing the record and agreeing that the case is wholly frivolous, affirms the
sentence and dismisses the appeal, and grants counsel’s motion to withdraw. See Anders v.
California, 386 U.S. 738 (1967).

Any Guideline

The Commission collects guideline application information on up to four guidelines

in a single computation (more than one guideline can be applied through the cross-reference
application in the Guidelines Manual). If a guideline is recorded in any of the four collected
fields, then it is reported as “any guideline.” Note that counts for this category may exceed the
total number of offenders in any fiscal year because each offender may have multiple guideline
computations and/or multiple reference guidelines applied.

Appeals

Appeals data are derived from analyses of opinions and orders from the courts of appeals.
For purposes of the appeals data, an appeals case is one in which a federal court of appeals
has issued an opinion or order. Opinions and orders submitted by the courts are collected
and coded. All appeals cases are coded for identifying data, such as parties, disposition, date,
and circuit. In cases in which the appellate court reverses or remands a sentencing issue, the
sentencing issue is coded. Conviction issues are not coded.

Attribution Category for Sentences Outside the Range

All categories replicate the list of checkboxes available on the Statement of Reasons
(SOR) form. Not all checkbox categories are available in both the departure section and
sentences outside the guideline system section on this form and multiple checkboxes may be
indicated in a single case so that totals in a table may exceed the total number of cases. The
Commission uses these checkboxes in determining government sponsorship: all cases in which
one of the pursuant to a plea agreement boxes is indicated are attributed to the government.
Additionally, cases where a USSG §5K1.1, USSG §5K3.1, or other government motion checkbox
was indicated in the pursuant to a motion not in a plea agreement section are also attributed to
one of the government motion categories. Additionally, other types of SOR forms may indicate
sponsorship in writing, and these attributions are also included in the appropriate category.
200 | 2019 Sourcebook

Circuit

Information on judicial Circuit is generated using the location of the judicial district in
which the offender was sentenced.

Citizenship Status

Information on the Citizenship Status of offenders is obtained from the Presentence

Report. Offenders are categorized as one of the following: “U.S. citizen,” “resident alien,”
“illegal alien,” “extradited alien,” or “non-U.S. citizen, alien status unknown.” The latter four
categories are collapsed into the category of “non-U.S. citizen.”

Conviction Type

Sentencing classification is defined in 18 U.S.C. § 3559(a). The federal sentencing

guidelines apply to felony cases and Class A Misdemeanors (see USSG §1B1.9). For this reason,
no information about petty offenses is recorded in the Commission’s datafiles.

Criminal History Category

Criminal History Category is derived from the Statement of Reasons provided by the
sentencing court. Criminal History Category is taken from the Presentence Report when the
Statement of Reasons is not available. While the court may disagree with Presentence Report
information, the Criminal History Category is the same in the vast majority of cases for which
both documents were received.

District

Information on the judicial District in which sentencing occurred is obtained from the
Judgment and Commitment Order.

Document Submission Rates

Five documents are represented in the document submission table: Judgment

and Commitment Order (J&C), Presentence Report (PSR), Statement of Reasons (SOR),
indictment/information (Ind), and plea agreements (Plea). The J&C, SOR, and PSR generally
are submitted in a standardized format. PSRs waived by the court are indicated in a separate
column. Standardized forms for the SORs are most frequently submitted; however, transcripts
or partial SORs and/or transcripts from the sentencing hearing are also included as Statement
of Reasons Received. Cases in which the Commission was unable to determine definitively
whether the offender’s guilty plea was entered pursuant to a written agreement are excluded
from the Plea totals. The total documents received column is derived from adding the total
number of received documents from the J&C, PSR, SOR, Ind, and Plea columns.
 Appendix A | 201

Downward Departure

Downward Departure consists of cases in which the sentence imposed was below the
applicable guideline range and for which the court cited a reason on Part V of the Statement of
Reasons form (Departures Pursuant to the Guidelines Manual). In these cases, the court may
also have cited 18 U.S.C. § 3553 or factors or reasons specifically prohibited in the provisions,
policy statements, or commentary of the sentencing guidelines as additional reasons. This
category includes departures that result from government motions as well as from motions by
the parties.

Downward Variance

Downward Variance consists of cases in which the sentence imposed was below the
applicable guideline range and for which the court cited a reason on Part VI of the Statement
of Reasons form (Court Determination for a Variance). This category includes variances which
result from government motions as well as from motions by the defendant.

Drug Trafficking Guidelines

Drug Trafficking Guidelines information is obtained from the Presentence Report and is
based on the guidelines in USSG Chapter Two, Part D. The seven guidelines (USSG §§2D1.1,
2D1.2, 2D1.5, 2D1.6, 2D1.8, 2D1.10, and 2D1.14) represent the guidelines in Chapter Two, Part
D that utilize the drug quantity table in USSG §2D1.1 (Drug Trafficking) to determine the
base offense level.

Education

Information on Education of the offender is obtained from the Presentence Report and is
collapsed into general categories. Technical, military, and vocational training as well as course
work at community colleges is included in the Some College category. A general equivalency
degree (GED) is included in the High School Graduate category.

Extent of Decrease

Extent of Decrease is calculated based on the difference between the sentence length
(including any months of alternative confinement as defined in USSG §5C1.1) and the guideline
minimum (including any statutory trumps) for below range cases. Life imprisonment sentences
and cases where the guideline minimum is zero months or life are excluded from all extent of
decrease calculations due to the logical difficulty in calculating a decrease from these values.
High values of the guideline minimum are capped at 470 months for analytical purposes.
202 | 2019 Sourcebook

Extent of Increase

Extent of Increase is calculated based on the difference between the guideline maximum
(including any statutory trumps) and the sentence length (including any months of alternative
confinement as defined in USSG §5C1.1) for above range cases. Life sentences and cases where
the guideline minimum is life are excluded from all extent of increase calculations due to the
logical difficulty in calculating an increase from these values. High values of the guideline
minimum are capped at 470 months for analytical purposes.

Federal Offenders Sentenced

Each Federal Offender Sentenced or case, as recorded by the Commission, involves a

single sentencing event for a single offender. Multiple counts of conviction, including counts of
conviction charged on multiple indictments, are considered a single sentencing event if a single
sentence was imposed for the counts on the same day at the same time by the same judge. A
single offender may account for more than one case if the offender was involved in more than
one sentencing event during the fiscal year. Data on co-defendants in the same sentencing will
appear as separate cases.

Fines and Restitution

Fines and Restitution information is obtained from the Judgment and Commitment
Order (J&C). Fine information may also include cost of supervision. Cases that receive no
fine or restitution are not included in the calculation of the means. The number of cases upon
which the mean is based may not equal the number of offenders ordered to pay fines and/or
restitution; this is due to the failure of some J&Cs to specify the dollar amount ordered. The
median of payments ordered reflects the amount located at the fiftieth percentile of all amounts
ordered, excluding cases in which the amount was indeterminable or zero.

Gender

Gender of the offender is obtained from the Presentence Report.

Government Motion (Variance)

Government Motion (Variance) consists of cases in which the sentence imposed was
below the applicable guideline range pursuant to a government motion and for which the court
cited a reason on Part VI of the Statement of Reasons (SOR) form (Court Determination for a
Variance). These cases are determined by a yearly case review by Commission staff of both the
reasons for the below range sentence and the coding by Commission staff of any indication of
government sponsorship as indicated on the SOR form for below range cases. The SOR form
has specific checkboxes to indicate the origins of the variance, but cases that do not use this
form may also indicate in writing the origins of the variance. Additionally, all cases with one or
 Appendix A | 203

more of the following reasons were classified as being sponsored by the government regardless
of whether the SOR indicated sponsorship: pursuant to a plea agreement (binding, non-
binding, or unknown), fast track, savings to the government, early plea, waiver of indictment
and/or appeal, other government motion, global disposition, due to stipulations, facilitated early
release of a material witness, joint recommendation, and large number of immigration cases.
This category does not include cases with USSG §5K1.1 Substantial Assistance departures or
USSG §5K3.1 Early Disposition Program (EDP) departures.

Guideline Sentencing Range

The Guideline Sentencing Range is taken from the Statement of Reasons provided by the
sentencing court. Alternatively, if the Statement of Reasons is missing, then the information
is taken from the Presentence Report.

For tables in this report, unless otherwise indicated, the guideline sentencing range
does not take into account applicable statutory restrictions on either the maximum or the
minimum of the range; therefore, it may differ from the available range, which does take into
account the statutory restrictions.

Length of Imprisonment

For cases in which a term of imprisonment was imposed, Length of Imprisonment reports
the mean and median terms of imprisonment imposed in months. Length of imprisonment also
includes any time served amounts and imprisonment under USSG §5G1.3. This information is
obtained from the Judgment and Commitment Order (J&C). Mean and median imprisonment
lengths are rounded to the nearest month.

Any portion of a sentence that is an alternative confinement as described in USSG

§5C1.1 is excluded. Cases in which a term of imprisonment is ordered, but where the length
is indeterminable, also are excluded. When sentences are expressed as “time served” on the
J&C, Commission staff uses the dates in federal custody to determine the length of time served
provided the offender has been in custody the entire time. If the offender has been in and out
of custody, or the start date is unclear or missing, then the Commission assigns a value of one
day as a minimal time served amount for these cases.

In cases where the court imposes a sentence of life imprisonment, a numeric value is
necessary to include these cases in any analysis. Accordingly, life sentences are reported as
470 months, a length consistent with the average life expectancy of federal criminal offenders
given the average age of federal offenders. Sentences of greater than 470 months are also
reported as 470 months. The footnote in the relevant tables and figures indicates when this
occurs.
204 | 2019 Sourcebook

Length of Supervised Release

For cases in which a term of supervised release was imposed, Length of Supervised
Release reports the mean and median terms of supervised release imposed in months. This
information is obtained from the Judgment and Commitment Order. Cases in which a term of
supervised release is ordered, but where the length is indeterminable, are excluded. In cases
where the court imposes a supervised release term of lifetime supervision, a numeric value
is necessary to include these cases in any sentence length analysis. Accordingly, life terms
of supervised release are reported as 470 months, a length consistent with the Commission’s
assignment of 470 months for life imprisonment sentences.

Mandatory Minimum Penalties

Information on Mandatory Minimum Penalties is obtained from the Presentence Report

and represents the assessment of the probation officer. The sentencing court may alter this
mandatory minimum penalty information; occasionally, such changes are not reflected in the
documents received by the Commission.

Mode of Conviction

Information on Mode of Conviction is obtained from the Judgment and Commitment

Order. Offenders sentenced subsequent to a plea of guilty or nolo contendere are included in
the Plea category. Offenders sentenced subsequent to a trial by judge or jury are included
in the Trial category. Rare cases involving both a plea and a trial are included in the Trial
category.

Non-Government Departure

Non-Government Departure consists of cases in which the sentence imposed was outside
the applicable guideline range and for which the court cited a reason on Part V of the Statement
of Reasons form (Departures Pursuant to theGuidelines Manual) other than USSG §5K1.1 or
USSG §5K3.1, and where the government did not initiate, propose, or stipulate to the sentence.

Non-Government Variance

Non-Government Variance consists of cases in which the sentence imposed was outside
the applicable guideline range and for which the court cited a reason on Part VI of the Statement
of Reasons form (Court Determination for a Variance), and where the government did not
initiate, propose, or stipulate to the sentence.
 Appendix A | 205

Non-Prison Sentence

Non-Prison Sentence includes sentences including probation and/or any alternative

confinement, as described in USSG §5C1.1 (i.e., the entire sentence was not incarceration in
jail/prison only).

Number of Employees

The Number of Employees identifies the number of persons employed by an organizational

offender. This information is obtained from the Presentence Report. The number includes full-
time workers, part-time workers, hourly workers, seasonal workers, and contractors. If the
organization has undergone a significant down-sizing since the offense was detected by the
authorities, the number of employees at the time of the offense is used for this variable.

Offense Level

The final Offense Level used in these tables is taken from the Statement of Reasons
provided by the sentencing court. Alternatively, if the Statement of Reasons is missing, the
offense level is taken from the Presentence Report.

Organizations

Organization is a “person other than an individual.” See 18 U.S.C. § 18. The term
includes corporations, partnerships, associations, joint-stock companies, unions, trusts, pension
funds, unincorporated organizations, governments and political subdivisions thereof, and non-
profit organizations.

Other Government Motion (Downward Departure)

Other Government Motion is determined by a yearly case review by Commission staff

of both the reasons for the below range sentence and the coding by Commission staff of any
indication of government sponsorship as indicated on the Statement of Reasons (SOR) for below
range cases. The SOR form has specific checkboxes to indicate the origins of the departure,
but cases that do not use this form may also indicate in writing the origins of the departure.
Additionally, all cases with one or more of the following reasons were classified as being
sponsored by the government regardless of whether the SOR indicated sponsorship: pursuant
to a plea agreement (binding, non-binding, or unknown), fast track, savings to the government,
early plea, waiver of indictment and/or appeal, other government motion, global disposition, due
to stipulations, facilitated early release of a material witness, joint recommendation, and large
number of immigration cases. This category does not include cases with USSG §5K3.1 Early
Disposition Program (EDP) departures or USSG §5K1.1 Substantial Assistance departures.
206 | 2019 Sourcebook

Ownership Structure

The Ownership Structure identifies the legal status of an organizational offender. This
information is obtained from the Presentence Report. If an organization is incorporated but is
not openly traded, it is classified as “Closely-held or Private.” If the financial statements in the
presentence investigation report are termed “unaudited,” then the company is also classified as
“Closely-held or Private.”

Position of Sentence

The Position of Sentence describes within-range guideline sentences in terms of their

relative positions within their applicable guideline ranges. Guideline range information is taken
from the Statement of Reasons form and sentence information is taken from the Judgement
and Commitment Order.

The Position of Sentence is determined by dividing the available range in half. This
allows a sentence to fall into one of five distinct categories: the guideline minimum; the lower-
half of the range (when not at the guideline minimum); the exact midpoint of the range; the
upper-half of the range (when not at the guideline maximum) and the guideline maximum.
The “available range” is the guideline range with applicable statutory restrictions on either the
maximum or the minimum of the range taken into account. For cases in which USSG §5C1.2
was applied, in accordance with the provisions of the guideline, the statutory restrictions on
the minimum of the range are removed according to 18 U.S.C. § 3553(f).

In cases in which the sentence is located outside the available sentencing range, departure
and/or variance information is provided as reported by the sentencing court. Differences in
the number and percentage of cases in each category may differ from other tables presented in
this report; this is due to the exclusion of any case missing both complete information from the
Statement of Reasons and information on statutory minima and maxima.

Primary Drug Type

Information on Primary Drug Type is obtained from the Presentence Report, Judgment
and Commitment Order, or plea agreement. It is recorded only if at least one of the statutes of
conviction recorded by the Commission is an offense under title 21 of the United States Code
or an offense under another title when the underlying conduct involves a controlled substance.
Information about type of drug in the text and tables is derived from the primary drug type
(i.e., the type that produces the highest base offense level).

The category Fentanyl are those cases that involve Alpha-Methylfentanyl. The category
Marijuana includes Hashish and Hashish oil. The category Methamphetamine includes
pure (actual) methamphetamine, “Ice,” methamphetamine mixture, and methamphetamine
precursors sentenced under any drug trafficking guideline other than USSG §2D1.11 (for
example ephedrine and pseudoephedrine). All drug types not listed separately in this report
are collapsed into the “Other” drug category.
 Appendix A | 207

Primary Guideline

When more than one sentencing guideline is applied in a case, the Primary Guideline is
the guideline that has the highest adjusted offense level (this includes the Base Offense Level,
all applicable Specific Offense Characteristics, and Chapter Three Adjustments prior to the
application of Multiple Count Units).

Race

Information on Race of the offender is obtained from the Presentence Report in separate
categories of race and ethnicity (White, Black, Native American or Alaskan Native, Asian or
Pacific Islander, Multiracial, and “Other” ). Ethnicity data indicates whether an offender is of
Hispanic origin. For purposes of this report, offenders whose ethnic background is designated
as Hispanic are represented as Hispanic in all tables regardless of racial background. The
Other race category includes offenders of Native American or Alaskan Native, Asian or Pacific
Islander, Multiracial, and “Other” origin.

Reasons for Sentences Outside the Guideline Range

Reasons for Sentences Outside the Guideline Range are obtained from the Statement
of Reasons when available. Because courts often provide more than one reason for sentencing
outside the guideline range, the frequencies on these tables may add up to more than the
number of cases.

Resentencings and Other Modification of Sentence

Using information submitted by the district courts, Resentencings and Other

Modifications of Sentence are classified into eight different categories:

Correction of Sentence on Remand (18 U.S.C. § 3742(f)(1) and (2)): Cases in which
the original sentence is remanded to the district court by a court of appeals. The
possible grounds for this include: (1) the sentence violated the law, (2) the guidelines were
incorrectly applied, (3) the sentence is outside the applicable guideline range and the
court failed to adequately explain why, (4) the sentence is outside the applicable guideline
range and the court relied upon an impermissible reason, (5) the sentence is outside the
applicable guideline range and the court departed to an unreasonable degree, or (6) there
was no applicable guideline and the sentence is plainly unreasonable;

Direct Motion to District Court Pursuant to 18 U.S.C. § 3559(c)(7): Cases in which

an offender received an aggravated penalty imposed under 18 U.S.C. § 3559(c)(7) at
the time of original sentence and where a prior conviction for a serious violent felony or
serious drug offense that triggered the aggravated penalty was overturned because it
was (1) unconstitutional, (2) the offender was actually innocent, or (3) the offender was
pardoned because of innocence;
208 | 2019 Sourcebook

Direct Motion to District Court Pursuant to 28 U.S.C. § 2255: Cases in which a

district court determines that (1) the original sentence was imposed in violation of the
Constitution or the law, (2) the court lacked jurisdiction to impose the sentence, (3) the
sentence was greater than the maximum sentence allowed by the law, or (4) the sentence
is otherwise subject to collateral attack;

Modification of Imposed Term of Imprisonment for Extraordinary and Compelling

Reasons (18 U.S.C. § 3582(c)(1)): Cases in which the district court reduces an original
sentence for extraordinary and compelling reasons or because the offender is at least 70
years old, has served at least 30 years for the offense for which the offender is currently
imprisoned, and the Federal Bureau of Prisons (BOP) has determined that the offender
is not a danger to the safety of any person or the community;

Modification of Imposed Term of Imprisonment for Retroactive Amendments to the

Sentencing Guidelines (18 U.S.C. § 3582(c)(2)): Cases in which a district court reduces the
sentence for an offender who was sentenced based on a sentencing range that later was
lowered by the United States Sentencing Commission and where the Commission voted
to apply the lowered penalty retroactively. This reduction can occur through a motion
filed by the offender, the director of the BOP, or upon the court’s own motion;

Modification of Restitution Order (18 U.S.C. § 3664): Cases in which the court
modifies any part of a judgment ordering restitution be paid to victims;

Reduction of Sentence for Changed Circumstances (Federal Rule of Criminal

Procedure 35(b)): Cases in which the government files a motion after the original sentence
is imposed requesting the court to reduce that sentence because the offender provided
substantial assistance to the government; and

Unknown Type of Resentencing: Cases in which a resentencing has occurred but

where the type of resentencing cannot be determined.

Safety Valve

Safety Valve cases are identified based upon the application of the criteria set forth in
subdivisions (1)-(5) of subsection (a) of USSG §5C1.2 as described in the Statement of Reasons
or Presentence Report. These criteria are considered as a specific offense characteristic in
cases where USSG §2D1.1 or USSG §2D1.11 is the sentencing guideline.

The application of this specific offense characteristic requires that the offender meet
the criteria set forth in subdivisions (1)-(5) of subsection (a) of USSG §5C1.2, which are the
same criteria as in 18 U.S.C. § 3553(f). Section 3553(f) requires courts to sentence an offender
without regard to any otherwise applicable mandatory minimum penalty when the criteria
are met. Additionally, offenders meeting this criteria receive a reduction of two offense levels
pursuant to USSG §2D1.1(b)(18) or USSG §2D1.11(b)(6). This two-level reduction can occur
even if no mandatory minimum penalty might otherwise apply in the case. Both types of
Safety Valve application are accounted for in the Sourcebook tables. In a small number of cases
the court may not give the two-level reduction but does sentence the offender without regard to
an otherwise applicable mandatory minimum penalty.
 Appendix A | 209

Because of the continuing refinement of the guidelines, the position of this specific
offense characteristic notation within USSG §2D1.1 may vary from year to year.

Sentence Appeals Disposition

Data is derived from analysis of opinions and orders from the courts of appeals. The
appeals disposition code indicates the disposition of the case. Affirmed cases are cases in which
an appellate court holds that the judgment of the court below is correct and should stand.
Reversed cases are those in which an appellate court sets aside, annuls, vacates, or changes to
the contrary the decision of a lower court. Affirmed and Reversed cases are cases in which an
appellate court affirmed one or more issues and reversed one or more of the issues that were
appealed. Remanded cases are those in which the appellate court sent the case back to the
lower court to address the issue under appeal. Dismissed cases are those an appellate court
terminates without a complete trial and without issuing a holding. A dismissal of an appeal
places the parties in the same condition as if no appeal had been taken or allowed, and thus
acts as a confirmation of the judgment of the court below.

Sentencing Issues Appealed

Data about the issue or issues appealed are derived from analyses of opinions and orders
from the courts of appeals. Each sentencing issue that is reversed or remanded by the appellate
court is coded by the guideline involved and description of the particular issue addressed within
that guideline. Challenges related to sentencing, but not to guideline application, are coded
under categories reserved for “constitutional issues” or “other general sentencing issues.”

Sentence Imposed or Sentence Length

Sentence Imposed or Sentence Length reports the mean and median terms of the sentence
imposed in months. It also includes any time served amounts and imprisonment under USSG
§5G1.3. This information is obtained from the Judgment and Commitment Order (J&C). Mean
and median sentence lengths are rounded to the nearest month.

Probation sentences are included as zero months. Any portion of a sentence that is an
alternative confinement as described in USSG §5C1.1 is included. Cases in which a sentence is
imposed, but where the length is indeterminable, are excluded. When sentences are expressed
as “time served” on the J&C, Commission staff uses the dates in federal custody to determine
the length of time served when an offender has been in custody the entire time. If the offender
has been in and out of custody, or the start date is unclear/missing, then the Commission
assigns a value of one day as a minimal time served amount for these cases.

In cases where the court imposes a sentence of life imprisonment, a numeric value is
necessary to include these cases in any sentence length analysis. Accordingly, life sentences
are reported as 470 months, a length consistent with the average life expectancy of federal
criminal offenders given the average age of federal offenders. Sentences of greater than 470
months are also reported as 470 months. The footnote in the relevant tables and figures
indicates when this occurs.
210 | 2019 Sourcebook

Sentences Under the Guidelines Manual

This category includes offenders whose sentences are determined to be either within
the guideline range or outside the guideline range and for which the court cited a reason on
Part V of the Statement of Reasons form (Departures Pursuant to the Guidelines Manual). In
these cases, the court may also have cited 18 U.S.C. § 3553 or factors or reasons specifically
prohibited in the provisions, policy statements, or commentary of the sentencing guidelines as
additional reasons. This category includes departures which result from government motions
as well as from motions by the offender.

Type of Appeal

Data are derived from analyses of opinions and orders from the courts of appeals. The
type of appeals code indicates the types of issues that are raised in the case. The types of
appeals codes are: (1) sentencing issues only, (2) sentencing and conviction issues, (3) conviction
issues only, (4) Anders Brief, and (5) unknown.

For coding purposes, an appeal involves sentencing issues when the appellant either
argues that the district court erred during the sentencing phase or raises issues concerning the
applicability of the guidelines to the case at hand. In some cases, the appellant is challenging
some part of the plea agreement involving sentencing. These issues are also considered
sentencing issues. An appeal involves conviction issues when the appellant claims some sort
of error occurred during the investigation, trial, or jury deliberations that did not involve
sentencing or the sentencing guidelines. Anders Brief cases are those where the counsel for
the appellant has advised the court of appeals that he or she has conscientiously examined the
case but finds the appeal to be wholly frivolous and has requested permission to withdraw. See
Anders v. California, 386 U.S. 738 (1967). This disposition code was added in fiscal year 2010.

Type of Business

The Type of Business identifies the primary industry in which an organizational offender
conducted business. This information is obtained from the Presentence Report.

Type of Crime

Information on Type of Crime is obtained from the primary guideline detailed in the
Presentence Report. If the primary guideline is an “attempt/conspiracy” guideline, such as
USSG §2X1.1, then the underlying guideline is used to determine the type of crime category.

If there is no primary guideline provided, then information about the type of crime
category is obtained from the statutes of conviction listed on the Judgment and Commitment
Order. When the “type of crime” for the case is determined from the statutes of conviction,
the offense applicable to the count of conviction with the highest statutory maximum becomes
the “type of crime.” If two or more counts are found to have the same statutory maximum,
the “type of crime” is selected according to which count of conviction has the highest statutory
 Appendix A | 211

minimum. Finally, in the event of a small number of cases still tied, the “type of crime” that
best represented the nature of the criminal behavior is chosen.

For convenience in analysis, a summary variable describing “type of crime” is derived.

This is generated by grouping similar primary offenses into a smaller set of categories. Note
that the crime categories differ between the individual and organizational offender datafiles.
Listed below are the offense types that are grouped into each of the crime categories used in
the individual offender datafile tables for this report:

Administration of Justice Offenses includes obstructing or impeding officers,

contempt, obstruction of justice, perjury or subornation of perjury, bribery of a witness,
impersonation, failure to appear by offender, failure to appear by material witness,
commission of offense while on release, payment of witness, and misprision of a felony
This category includes offenders sentenced under USSG §§2A2.4, 2J1.1, 2J1.2, 2J1.3,
2J1.4, 2J1.6, 2J1.9, and 2X4.1.

Antitrust includes bid-rigging, price-fixing, and market allocation agreement. This

category includes offenders sentenced under USSG §2R1.1.

Arson includes property damage by explosives and use of fire or explosives to commit
a federal felony. This category includes offenders sentenced under USSG §§2K1.4 and
2K1.7 (deleted).

Assault includes attempt to commit murder, assault with intent to murder,

threatening communication, aggravated assault, minor assault, and conspiracy that
includes assault with attempt to murder. This category includes offenders sentenced
under USSG §§2A2.1, 2A2.2, and 2A2.3.

Bribery/Corruption includes offenses involving public officials and violations of

federal election campaign laws, bribe involving officials, bribery—bank loan/commercial,
loan or gratuity to bank examiner, etc., gratuity involving officials, bribe or gratuity
affecting employee plan, conflict of interest, payment or receipt of unauthorized
compensation, and making, receiving, or failing to report a contribution, donation, or
expenditure in violation of the Federal Election Campaign Act. This category includes
offenders sentenced under USSG §§2B4.1, 2C1.1, 2C1.2, 2C1.3, 2C1.4 (deleted), 2C1.5,
2C1.6 (deleted), 2C1.7 (deleted), and 2C1.8.

Burglary/Trespass includes burglary of a residence and burglary of a structure

other than a residence, post office burglary, burglary of DEA premises (pharmacy), bank
burglary, and trespass. This category includes offenders sentenced under USSG §§2B2.1,
2B2.2 (deleted), and 2B2.3.

Child Pornography includes the receipt or possession of materials involving the

sexual exploitation of minors. This category includes offenders sentenced under USSG
§§2G2.2 and 2G2.4 (deleted).

Commercialized Vice includes gambling, animal fighting, and prostitution offenses.

This category includes offenders sentenced under USSG §2G1.1 where the court did not
apply a Base Offense Level of 34, and all offenders sentenced under USSG §§2E3.1, 2E3.2
(deleted), and 2E3.3 (deleted).
212 | 2019 Sourcebook

Drug Possession includes simple possession of all drug types. This category includes
offenders sentenced under USSG §2D2.1.

Drug Trafficking includes drug distribution/manufacture—conspiracy, continuing

criminal enterprise, drug distribution—employee under 21, drug distribution near
school, drug import/export, drug distribution to person under 21, establish/rent drug
operation, endangering human life while manufacturing, and narco-terrorism. This
category includes offenders sentenced under USSG §§2D1.1, 2D1.2, 2D1.5, 2D1.6,
2D1.8, 2D1.10, and 2D1.14.

Environmental includes waste discharge; specially protected fish, wildlife, and

plants; recordkeeping, tampering, and falsification; tampering with a public water
system; mishandling of environmental pollutants; and hazardous devices on federal
lands. This category includes offenders sentenced under USSG §§2K3.1 (deleted), 2Q1.1,
2Q1.2, 2Q1.3, 2Q1.4, 2Q1.5 (deleted), 2Q1.6, 2Q2.1, and 2Q2.2 (deleted).

Extortion/Racketeering includes extortion by force, or threat of injury or serious

damage, extortionate extension of credit, blackmail, Hobbs Act extortion, travel in aid
of racketeering, crime relating to racketeering, and violent crimes in aid of racketeering,
unlawful conduct relating to contraband cigarettes, and labor racketeering. This
category includes offenders sentenced under USSG §§2B3.2, 2B3.3, 2E1.1, 2E1.2, 2E1.3,
2E1.4, 2E1.5 (deleted), 2E2.1, 2E4.1, 2E5.1, 2E5.2 (deleted), 2E5.3, 2E5.4 (deleted), 2E5.5
(deleted), and 2E5.6 (deleted).

Firearms includes unlawful receipt/possession/transportation of firearms,

ammunition, or explosive material; prohibited transactions involving firearms or
ammunition; possession of guns/explosives on aircraft; unlawful trafficking, etc., in
explosives; possession of guns/explosives in federal facility/schools; use of fire or explosives
to commit felony; use of firearms or ammunition during crime; improper storage of
explosive materials; and failure to report theft of explosive materials. This category
includes offenders sentenced under USSG §§2K1.1, 2K1.2, 2K1.3, 2K1.5, 2K1.6, 2K2.1,
2K2.2, 2K2.3, 2K2.4, 2K2.5, 2K2.6, and 2K3.2.

Food and Drug includes tampering with risk of death or injury, providing false
information or tampering with products, tampering to injure business, odometer laws
and regulations, and violation of regulations involving food, drugs, etc. This category
includes offenders sentenced under USSG §§2N1.1, 2N1.2, 2N1.3, 2N2.1, and 2N3.1.

Forgery/Counterfeiting/Copyright includes counterfeit bearer obligations and

forgery/counterfeit (non-bearer obligations) as well as criminal infringement of copyright
or trademark. This category includes offenders sentenced under USSG §§2B5.1, 2B5.2
(deleted), 2B5.3, and 2B5.4 (deleted).
 Appendix A | 213

Fraud/Theft/Embezzlement includes fraud and deceit, embezzlement—property,

embezzlement from labor unions, embezzlement—mail/post office, embezzlement from
benefit plans, bank embezzlement, bank larceny, theft from benefit plans, other theft—
mail/post office, receipt/possession of stolen property, theft from labor union, theft or
damage to cultural heritage resources, insider trading, and aggravated identity theft.
This category includes offenders sentenced under USSG §§2B1.1, 2B1.2 (deleted), 2B1.3
(deleted), 2B1.4, 2B1.5, 2B1.6, 2F1.1 (deleted), and 2F1.2 (deleted).

Immigration includes trafficking in U.S. passports, trafficking in entry documents,

failure to surrender naturalization certificate, fraudulently acquiring U.S. passports,
smuggling, transporting, or harboring an unlawful alien, fraudulently acquiring entry
documents, and unlawfully entering or remaining in the U.S. This category includes
offenders sentenced under USSG §§2L1.1, 2L1.2, 2L1.3 (deleted), 2L2.1, 2L2.2, 2L2.3
(deleted), 2L2.4 (deleted), and 2L2.5.

Individual Rights includes interference with rights under color of law; force or threats
to deny benefits or rights; obstructing an election or registration; manufacture, etc.—
eavesdropping device; other deprivations/discrimination; obstructing correspondence;
peonage, servitude, and slave trade; intercept communication or eavesdropping; and
conspiracy to deprive individual of civil rights. This category includes offenders sentenced
under USSG §§2H1.1, 2H1.2 (deleted), 2H1.3 (deleted), 2H1.4 (deleted), 2H1.5 (deleted),
2H2.1, 2H3.1, 2H3.2, 2H3.3, 2H4.1, and 2H4.2.

Kidnapping includes hostage and ransom taking, abduction, unlawful restraint,

and aircraft piracy. This category includes offenders sentenced under USSG §§2A4.1,
2A4.2, and 2A5.1.

Manslaughter includes both involuntary and voluntary manslaughter. This

category includes offenders sentenced under USSG §§2A1.3 and 2A1.4.

Money Laundering includes laundering of monetary instruments, monetary

transaction from unlawful activity, failure to file currency report, and failure to report
monetary transactions. This category includes offenders sentenced under USSG §§2S1.1,
2S1.2 (deleted), 2S1.3, and 2S1.4 (deleted).

Murder includes first degree murder, second degree murder, and conspiracy or
solicitation to commit murder. This category includes offenders sentenced under USSG
§§2A1.1, 2A1.2, and 2A1.5.

National Defense includes treason, sabotage, espionage, evasion of military service,

prohibited financial transactions and exports, providing material support to designated
foreign terrorist organizations, nuclear, biological, and chemical weapons, and weapons
of mass destruction. This category includes offenders sentenced under USSG §§2M1.1,
2M2.1, 2M2.2 (deleted), 2M2.3, 2M2.4 (deleted), 2M3.1, 2M3.2, 2M3.3, 2M3.4, 2M3.5,
2M3.6 (deleted), 2M3.7 (deleted), 2M3.8 (deleted), 2M3.9, 2M4.1, 2M5.1, 2M5.2, 2M5.3,
2M6.1, and 2M6.2.
214 | 2019 Sourcebook

Obscenity/Other Sex Offenses includes failure to register as a sex offender,

recordkeeping offenses involving production of sexually explicit material, and importing,
mailing, transporting, or broadcasting obscene material. This category includes offenders
sentenced under USSG §§2A3.5, 2A3.6, 2G2.5, 2G3.1, and 2G3.2.

Prison Offenses includes contraband in prisons, riots in federal facilities, and

escape. This category includes offenders sentenced under USSG §§2P1.1, 2P1.2, 2P1.3,
and 2P1.4 (deleted).

Robbery includes bank robbery, Hobbs Act robbery, post office robbery, other robbery,
and carjacking. This category includes offenders sentenced under USSG §2B3.1.

Sexual Abuse includes criminal sexual abuse, sexual abuse of a minor, sexual
abuse of a ward, abusive sexual contact, transportation of minor for sex, sex trafficking of
children, sex trafficking of adults by force, fraud or coercion, child pornography production,
and child exploitation enterprises. This category includes offenders sentenced under
USSG §2G1.1 who received a Base Offense Level of 34, and all offenders sentenced under
USSG §§2A3.1, 2A3.2, 2A3.3, 2A3.4, 2G1.2 (deleted), 2G1.3, 2G2.1, 2G2.3, and 2G2.6.

Stalking/Harassing includes threatening or harassing communications, hoaxes,

false liens, stalking, and domestic violence. This category includes offenders sentenced
under USSG §§2A6.1 and 2A6.2.

Tax includes non-payment of taxes, conspiracy to avoid taxes, offenses relating

to withholding statements, aiding or advising tax fraud, failing to collect or truthfully
account for and pay over taxes, failing to deposit collected taxes in required accounts
after notice, alcohol and tobacco tax offenses, and customs taxes. This category includes
offenders sentenced under USSG §§2T1.1, 2T1.2 (deleted), 2T1.3 (deleted), 2T1.4, 2T1.5
(deleted), 2T1.6, 2T1.7, 2T1.8, 2T1.9, 2T2.1, 2T2.2, 2T3.1, and 2T3.2 (deleted).

Other Miscellaneous Offenses includes interference with a flight crew, unlawful

sale, transportation, possession, manufacturing, or importation of drug paraphernalia,
distributing, importing, or exporting listed chemicals, evading reporting or recordkeeping
requirements involving chemicals, acquiring a controlled substance by fraud or forgery,
border tunnels and subterranean passages, and all other felony and miscellaneous offenses
not previously listed in any of the other categories or covered by specific guidelines. This
category includes offenders sentenced under USSG §§2A5.2, 2D1.7, 2D1.11, 2D1.12,
2D1.13, 2D2.2, 2D2.3, 2D3.1, 2X5.1, 2X5.2, and 2X7.1. In addition, this category includes
offenders sentenced under USSG §§2X1.1, 2X2.1, 2X3.1, 2X6.1, and 2X7.2 if no underlying
guideline was provided.
 Appendix A | 215

Sentence Type

Using sentencing information obtained from the Judgment and Commitment Order,
the Total Receiving Imprisonment category includes the number of offenders sentenced (and
percent of Total Cases) who received a commitment to the Bureau of Prisons. This category is
the sum of cases in Prison Only and the Prison and Alternatives categories.

The Total Receiving Probation category includes the number of offenders sentenced (and
the percent of Total Cases) who received a term of probation with or without a condition of
community confinement, intermittent confinement, or home detention. This category is the
sum of Probation Only and Probation and Alternatives categories.

The Prison Only category includes offenders sentenced to a term of imprisonment

only, with no additional conditions of community confinement, home detention or intermittent
confinement.

The Prison and Alternatives category includes all cases in which offenders received
prison and conditions of alternative confinement as defined in USSG §5C1.1. This category
includes, but is not limited to, Zone A, Zone B, or Zone C cases receiving prison with additional
conditions of a term of community confinement, home detention, or intermittent confinement.

The Probation Only category includes the number of offenders who received a term of
probation without a condition of community confinement, intermittent confinement, or home
detention.

Probation and Alternatives category includes the number of offenders who received a
term of probation with a condition of community confinement, intermittent confinement, or
home detention.

The Fine Only category includes the number of offenders who received no prison, no
probation, and no time of alternative confinement as defined in USSG §5C1.1. Most of these
offenders received a fine and/or a special assessment.

Upward Departure

Upward Departure consists of cases in which the sentence imposed was above the
applicable guideline range and for which the court cited a reason on Part V of the Statement of
Reasons form (Departures Pursuant to the Guidelines Manual). In these cases, the court may
also have cited 18 U.S.C. § 3553 or factors or reasons specifically prohibited in the provisions,
policy statements, or commentary of the sentencing guidelines as additional reasons. This
category includes departures which result from government motions as well as from motions
by the parties.
216 | 2019 Sourcebook

Upward Variance

Upward Variance consists of cases in which the sentence imposed was above the
applicable guideline range and for which the court cited a reason on Part VI of the Statement
of Reasons form (Court Determination for a Variance). This category includes variances which
result from government motions as well as from motions by the offender.

Weapon Involvement

Weapon Involvement in a case is identified either by the application of a guideline

enhancement for weapon involvement or a conviction under 18 U.S.C. § 924(c), or both. This
variable does not identify cases in which a weapon is present in the offense, but the offender was
not convicted of 18 U.S.C. § 924(c) or did not receive a weapon-related sentencing enhancement.
It does not identify cases in which the specific enhancement can be applied for multiple reasons;
for example, the specific enhancement can be applied if the offense involved either physical
contact or if a dangerous weapon was possessed. Finally, this variable does not identify cases
sentenced as weapon offenses under USSG Chapter Two, Part K, unless they were convicted of
18 U.S.C. § 924(c).

Within Guideline Range

Offenders are classified in this category when the sentence is within both the guideline
range and within the statutory minimum and maximum. The sentence must meet minimum
zone requirements as well. In rare instances when a very small departure or variance is
granted, but the sentence is still within the original guideline range, the sentence is reported
as within range.

Year

Information on Year is obtained from the Judgment and Commitment Order. Unless
otherwise indicated, the sentencing year is defined as the fiscal year in which the offender was
sentenced.

Zone

The Sentencing Table is categorized into sentencing Zones. Courts may impose various
types of punishment as alternatives to imprisonment. Alternative types of punishment include
probation, home detention, community confinement, and intermittent confinement. Imposition
of alternative types of punishment is restricted to offenders within specific sentencing zones.
See Chapter 5 of the Guidelines Manual for a description of alternatives to imprisonment and
the conditions under which they apply.
 APPENDIX B
Selected National Sentencing Statistics
218 | 2019 Sourcebook
 Appendix B | 219

District at a Glance
National Number of Federal Offenders Over Time

Fiscal Year 2019 90,000

76,538
80,000
71,003 69,425
67,742 66,873
70,000

60,000

50,000

40,000

30,000

20,000

10,000

Type of Crime 0
2015 2016 2017 2018 2019

Drugs Race and Gender

26.6%
45,000
Immigration
38.4% 40,000 38,500

35,000
30,000
Firearms
11.1% 25,000
Fraud/Theft/ 20,000
Embezzlement
8.3% Other 15,000 13,707
Robbery 12,025
13.2%
2.4% 10,000
3,008 4,120
5,000 1,619 2,197
553
0
White Black Hispanic Other
Sentence Imposed Relative to the Guideline Range Male Female

Downward
Variance Citizenship, Guilty Pleas, and Trials
23.2%
Downward
Departure
4.2% Within
Range
§5K3.1 51.4% 0% 20% 40% 60% 80% 100%
9.4%
U.S. Citizen Non-U.S. Citizen
§5K1.1
9.6%
Upward
Departure/
Variance
2.4%
0% 20% 40% 60% 80% 100%
SENTENCING INFORMATION BY TYPE OF CRIME Plea Trial
Drug Fraud/Theft Money
TOTAL Immigration Trafficking Firearms /Embezzle Robbery Child Porn Laundering All Other
76,538 29,354 19,830 8,481 6,390 1,825 1,368 1,177 8,113
Mean Sentence (months) 42 9 76 50 21 109 103 61 60
Median Sentence (months) 18 6 60 39 12 92 84 33 12
IMPRISONMENT
Total Receiving Imprisonment 70,231 27,991 19,099 7,994 4,738 1,800 1,354 1,040 6,215
Prison Only 68,138 27,715 18,458 7,700 4,384 1,727 1,325 985 5,844
Up to 12 Months 24,869 19,835 1,252 487 1,357 36 27 152 1,723
13 to 60 Months 27,136 7,730 8,088 5,048 2,566 502 404 466 2,332
61 to 120 Months 9,799 144 5,599 1,736 382 601 553 198 586
Over 120 Months 6,334 6 3,519 429 79 588 341 169 1,203
Prison and Alternatives 2,093 276 641 294 354 73 29 55 371
PROBATION
Total Receiving Probation 5,888 1,361 729 487 1,573 25 13 137 1,563
Probation Only 4,558 1,168 521 306 1,192 17 10 89 1,255
Probation and Alternatives 1,330 193 208 181 381 8 3 48 308
FINE ONLY 419 2 2 0 79 0 1 0 335
Cases with indeterminable sentence terms are excluded from the calculation of the Mean Sentence or Median Sentence category. Sentences greater than 470 months and probation were included in the sentence
average computations as 470 months and zero months, respectively. Cases in the Total Receiving Imprisonment, Total Receiving Probation, and Fine Only categories total 100 percent of all cases. Cases missing
information required for a specific analysis were excluded from that analysis. Descriptions of variables used in this analysis are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, 2015 - 2019 Datafiles, USSCFY15 - USSCFY19.

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Selected Sentencing Statistics by District are available on the

U.S. Sentencing Commission’s website.

https://www.ussc.gov/research/sourcebook-2019
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