United States Sentencing Commission Quarterly Data Report

United States Sentencing Commission Quarterly Data Report

4th Quarter Release Preliminary Fiscal Year 2016 Data Through September 30, 2016

Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress, the judiciary, the executive branch, and the general public with data extracted and analyzed from sentencing documents submitted to the Commission by the courts. 1 Data is reported on an annual basis in the Commission’s Annual Report and Sourcebook of Federal Sentencing Statistics. 2 Additional statistical analyses of these cases can be found through the Commission’s “Interactive Sourcebook of Federal Sentencing Statistics” at http://isb.ussc.gov. After the Supreme Court’s decision in United States v. Booker on January 12, 2005, the Commission began reporting data on a quarterly basis in order to provide real-time data concerning the sentences imposed in the federal courts. The types of data reported increased over time to accommodate various requests for additional information. These reports were eventually standardized in a format that was largely unchanged through fiscal year 2015. Beginning with the Commission’s report on data from cases in which the offender was sentenced during the first two quarters of fiscal year 2016, the Commission has reported quarterly data in a revised format. This new format includes information not previously reported on a quarterly basis, such as sentencing trends. Other tables and figures used previously were updated in order to present data on sentencing practices in a way that was easier to understand. Finally, tables of data that were no longer meaningful when reported quarterly were omitted. The data in this report is preliminary and subject to change as the Commission collects, analyzes, and reports on data from additional cases throughout the fiscal year. When data for each new quarter is made available, the Commission will update the previous preliminary quarterly totals in the most recent release until the release of the final fiscal year data in the Commission’s Sourcebook. For example, the data reported in the initial release for the second quarter of a fiscal year may change as the Commission receives and analyzes documents in the remaining quarters from additional cases in which the offender was sentenced during the second quarter. 3 Any subsequent changes in the quarterly data for the second quarter would be reflected initially in the subsequent quarterly releases and finally in the Commission’s Annual Report and Sourcebook of Federal Sentencing Statistics.

1

In each felony or Class A misdemeanor case sentenced in federal court, sentencing courts are required to submit the following documents to the Commission: the Judgment and Commitment Order, the Statement of Reasons, the plea agreement (if applicable), the indictment or other charging document, and the presentence report. See 28 U.S.C. § 994(w). 2

Electronic copies of the Annual Report and Sourcebook of Federal Sentencing Statistics for fiscal years 1995 through 2015 are available at the Commission’s website, www.ussc.gov. 3

Data for previous quarters may change for many reasons. For example, the courts have up to 30 days after the entry of judgment in a case to submit court documents to the Commission. The Commission both extracts information from the documents and screens cases through the quality control procedures and does not include any case in a data release unless it has been fully entered and reviewed.

CONTENTS Information on Sentences Relative to the Guideline Range Figure A: Offenders in Each Primary Offense Category ................................................................1 Table 1: Guideline Offenders in Each Circuit and District ............................................................2 Table 2: Guilty Pleas and Trials in Each Primary Offense Category .............................................3 Figure B: Number of Cases in Selected Primary Offense Category...............................................5 Table 3: Race of Offenders in Each Primary Offense Category.....................................................6 Table 4: Gender of Offenders in Each Primary Offense Category .................................................7 Table 5: Citizenship of Offenders in Each Primary Offense Category ..........................................8 Table 6: Sentence Length in Each Primary Offense Category .......................................................9 Table 7: Offenders Receiving Sentencing Options in Each Primary Offense Category ..............10 Table 8: National Comparison of Sentence Imposed and Position Relative to the Guideline Range.............................................................................................................................11 Table 9: Sentences Relative to the Guideline Range by Circuit and District ...............................12 Table 10: Sentences Relative to the Guideline Range by Each Primary Offense Category .........15 Table 11: Sentences Relative to the Guideline Range by Each Primary Sentencing Guideline...16 Figure C: Quarterly Data for Within Range and Out of Range Sentences ...................................18 Figure D: Quarterly Data for Within Range/Government Sponsored and Other Out of Range Sentences........................................................................................................................................19 Table 12: Quarterly Data for Within Range and Out of Range Sentences ...................................20 Table 13: Attribution Category for Cases Outside of the Guideline Range .................................21 Table 14: §5K1.1 Substantial Assistance Departure Cases: Degree of Decrease for Offenders in Each Primary Offense Category ....................................................................................................23 Table 15: §5K3.1 Early Disposition Program Departure Cases: Degree of Decrease for Offenders in Each Primary Offense Category ...............................................................................24

Table 16: Other Government Sponsored Below Range Cases: Degree of Decrease for Offenders in Each Primary Offense Category ................................................................................................25 Table 17: Non-Government Sponsored Below Range: Degree of Decrease for Offenders in Each Primary Offense Category ....................................................................................................26 Table 18: Above Guideline Range Cases: Degree of Increase for Offenders in Each Primary Offense Category ...........................................................................................................................27 Figure E: Average Sentence Length and Average Guideline Minimum Quarterly Data for All Offenders .................................................................................................................................28 Figure F: Average Sentence Length and Average Guideline Minimum Quarterly Data for §2B1.1 Offenders ...........................................................................................................................29 Figure G: Average Sentence Length and Average Guideline Minimum Quarterly Data for §2K2.1 Offenders ...........................................................................................................................30 Figure H: Average Sentence Length and Average Guideline Minimum Quarterly Data for §2L1.1 Offenders ...........................................................................................................................31 Figure I: Average Sentence Length and Average Guideline Minimum Quarterly Data for §2L1.2 Offenders ...........................................................................................................................32 Figure J: Average Sentence Length and Average Guideline Minimum Quarterly Data for §2D1.1 Offenders ...........................................................................................................................33 Figure K: Average Sentence Length for Each Drug Type ............................................................34 Appendices Appendix A: Descriptions of Datafiles and Variables ............................................................... A-1

1

Figure A OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

Other 10.7%

Drug Type Immigration 29.7%

Powder Cocaine 18.1% Crack Cocaine 7.2% Heroin 13.1% Drugs 31.4%

Marijuana 24.0%

Methamphetamine 30.9% Non-Fraud White Collar 3.4%

Other 6.4% Listed Chemicals 0.3% Fraud 9.6% Larceny 1.5%

Firearms 10.8%

Child Pornography 2.9%

1 Of the 67,291 guideline cases, four drug cases were excluded from this figure due to missing information on drug type. The Drug category includes the following offense types: trafficking, use of a communication facility, and simple possession. The Non-Fraud White Collar category includes the following offense types: embezzlement, forgery/counterfeiting, bribery, money laundering, and tax. Descriptions of variables used in this figure are provided in Appendix A.

SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

2 Table 1 GUIDELINE OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

PRIMARY OFFENSE TOTAL Murder Manslaughter Kidnapping/Hostage Taking Sexual Abuse Assault Robbery Arson Drugs - Trafficking Drugs - Communication Facility Drugs - Simple Possession Firearms Burglary/B&E Auto Theft Larceny Fraud Embezzlement Forgery/Counterfeiting Bribery Tax Money Laundering Racketeering/Extortion Gambling/Lottery Civil Rights Immigration Child Pornography Prison Offenses Administration of Justice Offenses Environmental/Wildlife National Defense Antitrust Food & Drug Other Miscellaneous Offenses 1

N 67,291 84 57 39 633 802 701 48 19,048 270 1,833 7,281 23 46 1,013 6,470 311 445 192 521 809 891 75 42 19,975 1,923 471 1,038 150 99 20 118 1,863

% 100.0 0.1 0.1 0.1 0.9 1.2 1.0 0.1 28.3 0.4 2.7 10.8 0.0 0.1 1.5 9.6 0.5 0.7 0.3 0.8 1.2 1.3 0.1 0.1 29.7 2.9 0.7 1.5 0.2 0.1 0.0 0.2 2.8

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


3 Table 2 GUIDELINE OFFENDERS IN EACH CIRCUIT AND DISTRICT1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) CIRCUIT District

N

%

67,291

100.0

255 255

0.4 0.4

FIRST CIRCUIT Maine Massachusetts New Hampshire Puerto Rico Rhode Island

2,031 202 494 177 1,068 90

3.0 0.3 0.7 0.3 1.6 0.1

SECOND CIRCUIT Connecticut New York Eastern Northern Southern Western Vermont

3,346 296

5.0 0.4

788 309 1,301 465 187

1.2 0.5 1.9 0.7 0.3

THIRD CIRCUIT Delaware New Jersey Pennsylvania Eastern Middle Western Virgin Islands

2,084 71 666

3.1 0.1 1.0

579 306 404 58

0.9 0.5 0.6 0.1

FOURTH CIRCUIT Maryland North Carolina Eastern Middle Western South Carolina Virginia Eastern Western West Virginia Northern Southern

5,320 731

7.9 1.1

650 421 656 627

1.0 0.6 1.0 0.9

1,398 311

2.1 0.5

309 217

0.5 0.3

TOTAL D.C. CIRCUIT District of Columbia

CIRCUIT District

N

%

FIFTH CIRCUIT Louisiana Eastern Middle Western Mississippi Northern Southern Texas Eastern Northern Southern Western

15,965

23.7

340 163 245

0.5 0.2 0.4

165 230

0.2 0.3

823 1,374 6,461 6,164

1.2 2.0 9.6 9.2

SIXTH CIRCUIT Kentucky Eastern Western Michigan Eastern Western Ohio Northern Southern Tennessee Eastern Middle Western

4,501

6.7

438 332

0.7 0.5

892 329

1.3 0.5

583 502

0.9 0.7

748 211 466

1.1 0.3 0.7

SEVENTH CIRCUIT Illinois Central Northern Southern Indiana Northern Southern Wisconsin Eastern Western

2,268

3.4

259 639 316

0.4 0.9 0.5

300 328

0.4 0.5

301 125

0.4 0.2

4 Table 2 (cont.) CIRCUIT District EIGHTH CIRCUIT Arkansas Eastern Western Iowa Northern Southern Minnesota Missouri Eastern Western Nebraska North Dakota South Dakota NINTH CIRCUIT Alaska Arizona California Central Eastern Northern Southern Guam Hawaii Idaho Montana Nevada Northern Mariana Islands Oregon Washington Eastern Western

1

N

%

4,737

7.0

373 253

0.6 0.4

348 351 494

0.5 0.5 0.7

740 835 542 361 440

1.1 1.2 0.8 0.5 0.7

13,268 182 5,713

19.7 0.3 8.5

964 671 464 2,841 66 141 259 321 398 22 390

1.4 1.0 0.7 4.2 0.1 0.2 0.4 0.5 0.6 0.0 0.6

304 532

0.5 0.8

CIRCUIT District

N

%

TENTH CIRCUIT Colorado Kansas New Mexico Oklahoma Eastern Northern Western Utah Wyoming

7,490 483 490 4,977

11.1 0.7 0.7 7.4

100 213 330 682 215

0.1 0.3 0.5 1.0 0.3

ELEVENTH CIRCUIT Alabama Middle Northern Southern Florida Middle Northern Southern Georgia Middle Northern Southern

6,026

9.0

157 351 317

0.2 0.5 0.5

1,415 262 2,225

2.1 0.4 3.3

356 538 405

0.5 0.8 0.6



5 Figure B NUMBER OF CASES IN SELECTED OFFENSE CATEGORY1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

20,000

All Cases

Number of Cases

15,000

10,000 Immigration

5,000

Drugs Fraud Firearms

0

1

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

SOURCE: U.S. Sentencing Commission, 2011 - 2015 Datafiles, USSCFY11 - USSCFY15, and Preliminary Data from USSCFY16 (October 1, 2015, through September 30, 2016).

6 Table 3 RACE OF OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

PRIMARY OFFENSE

TOTAL

WHITE N

%

BLACK N

%

HISPANIC N %

OTHER N

%

TOTAL

66,524

14,846

22.3

13,556

20.4

35,458

53.3

2,664

4.0

Murder

84

22

26.2

11

13.1

24

28.6

27

32.1

Manslaughter

57

3

5.3

3

5.3

7

12.3

44

77.2

Kidnapping/Hostage Taking

39

10

25.6

15

38.5

9

23.1

5

12.8

Sexual Abuse

633

214

33.8

193

30.5

86

13.6

140

22.1

Assault

786

174

22.1

110

14.0

135

17.2

367

46.7

Robbery

700

277

39.6

315

45.0

88

12.6

20

2.9

48

24

50.0

13

27.1

5

10.4

6

12.5

19,026

4,335

22.8

4,448

23.4

9,684

50.9

559

2.9

269

97

36.1

86

32.0

78

29.0

8

3.0

Arson Drugs - Trafficking Drugs - Communication Facility Drugs - Simple Possession

1,779

192

10.8

127

7.1

1,428

80.3

32

1.8

Firearms

7,268

1,796

24.7

3,719

51.2

1,543

21.2

210

2.9

Burglary/B&E

23

5

21.7

2

8.7

0

0.0

16

69.6

Auto Theft

46

7

15.2

16

34.8

21

45.7

2

4.3

974

427

43.8

318

32.6

153

15.7

76

7.8

6,442

2,600

40.4

2,015

31.3

1,404

21.8

423

6.6

Embezzlement

302

171

56.6

87

28.8

19

6.3

25

8.3

Forgery/Counterfeiting

444

171

38.5

173

39.0

83

18.7

17

3.8

Bribery

192

72

37.5

57

29.7

39

20.3

24

12.5

Tax

520

271

52.1

132

25.4

74

14.2

43

8.3

Money Laundering

808

284

35.1

127

15.7

334

41.3

63

7.8

Racketeering/Extortion

889

226

25.4

358

40.3

289

32.5

16

1.8

75

40

53.3

5

6.7

9

12.0

21

28.0

Larceny Fraud

Gambling/Lottery Civil Rights

40

25

62.5

7

17.5

6

15.0

2

5.0

19,777

364

1.8

265

1.3

19,054

96.3

94

0.5

1,921

1,534

79.9

96

5.0

244

12.7

47

2.4

457

110

24.1

156

34.1

133

29.1

58

12.7

1,028

429

41.7

265

25.8

202

19.6

132

12.8

141

106

75.2

7

5.0

8

5.7

20

14.2

National Defense

99

37

37.4

12

12.1

34

34.3

16

16.2

Antitrust

20

13

65.0

1

5.0

2

10.0

4

20.0

117

68

58.1

8

6.8

22

18.8

19

16.2

1,520

742

48.8

409

26.9

241

15.9

128

8.4

Immigration Child Pornography Prison Offenses Administration of Justice Offenses Environmental/Wildlife

Food & Drug Other Miscellaneous Offenses 1

Of the 67,291 cases, 767 were excluded due to missing information on offender's race. Descriptions of variables used in this table are provided in Appendix A.


7 Table 4 GENDER OF OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) MALE PRIMARY OFFENSE

FEMALE

TOTAL

N

%

N

%

TOTAL

67,143

57,859

86.2

9,284

13.8

Murder

84

74

88.1

10

11.9

Manslaughter

57

45

78.9

12

21.1


39

36

92.3

3

7.7

Sexual Abuse

633

581

91.8

52

8.2

Assault

801

672

83.9

129

16.1

Robbery

701

632

90.2

69

9.8

48

43

89.6

5

10.4

19,046

16,130

84.7

2,916

15.3

270

197

73.0

73

27.0

Drugs - Simple Possession

1,828

1,624

88.8

204

11.2

Firearms

7,281

7,055

96.9

226

3.1

Burglary/B&E

23

21

91.3

2

8.7

Auto Theft

46

45

97.8

1

2.2

998

601

60.2

397

39.8

6,468

4,373

67.6

2,095

32.4

Embezzlement

309

135

43.7

174

56.3


445

326

73.3

119

26.7

Bribery

192

161

83.9

31

16.1

Tax

521

374

71.8

147

28.2

Money Laundering

809

607

75.0

202

25.0


891

797

89.5

94

10.5

Gambling/Lottery

75

65

86.7

10

13.3

Civil Rights

42

35

83.3

7

16.7

19,914

18,424

92.5

1,490

7.5

1,923

1,890

98.3

33

1.7

470

415

88.3

55

11.7

1,035

828

80.0

207

20.0

149

139

93.3

10

6.7

National Defense

99

92

92.9

7

7.1

Antitrust

20

19

95.0

1

5.0

118

99

83.9

19

16.1

1,808

1,324

73.2

484

26.8

Arson Drugs - Trafficking Drugs - Communication Facility

Larceny Fraud



Of the 67,291 cases, 148 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, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

8 Table 5 CITIZENSHIP OF OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) U.S. CITIZEN PRIMARY OFFENSE

NON-U.S. CITIZEN

TOTAL

N

%

N

%

TOTAL

66,778

38,914

58.3

27,864

41.7

Murder

83

64

77.1

19

22.9

Manslaughter

57

54

94.7

3

5.3


39

37

94.9

2

5.1

Sexual Abuse

632

593

93.8

39

6.2

Assault

786

718

91.3

68

8.7

Robbery

701

678

96.7

23

3.3

48

47

97.9

1

2.1

19,032

13,516

71.0

5,516

29.0

270

231

85.6

39

14.4


1,799

494

27.5

1,305

72.5

Firearms

7,276

6,849

94.1

427

5.9

Burglary/B&E

23

23

100.0

0

0.0

Auto Theft

46

43

93.5

3

6.5

980

906

92.4

74

7.6

6,443

5,300

82.3

1,143

17.7

Embezzlement

300

291

97.0

9

3.0


444

401

90.3

43

9.7

Bribery

192

176

91.7

16

8.3

Tax

520

478

91.9

42

8.1

Money Laundering

809

557

68.9

252

31.1


891

783

87.9

108

12.1

Gambling/Lottery

75

69

92.0

6

8.0

Civil Rights

41

40

97.6

1

2.4

19,962

1,671

8.4

18,291

91.6

1,922

1,847

96.1

75

3.9

453

412

90.9

41

9.1

1,020

909

89.1

111

10.9

140

125

89.3

15

10.7

National Defense

99

65

65.7

34

34.3

Antitrust

19

18

94.7

1

5.3

117

98

83.8

19

16.2

1,559

1,421

91.1

138

8.9


Larceny Fraud



Of the 67,291 cases, 513 were 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, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

9

Table 6

SENTENCE LENGTH IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

PRIMARY OFFENSE

Mean Months

Median Months

N

TOTAL

44

21

67,289

Murder

242

210

84

69

60

57


239

213

39

Sexual Abuse

144

120

633

Assault

29

16

802

Robbery

73

60

701

Arson

63

60

48

Drugs - Trafficking

66

48

19,047

Drugs - Communication Facility

27

24

270

4

6

1,833

Firearms

76

51

7,281

Burglary/B&E

12

10

23

Auto Theft

92

44

46

8

0

1,013

25

13

6,470

8

0

311


17

12

445

Bribery

22

13

192

Tax

13

10

521

Money Laundering

34

21

809


85

57

891

5

0

75

Civil Rights

27

12

42

Immigration

13

8

19,975

143

97

1,923

Prison Offenses

14

10

471

Administration of Justice Offenses

19

12

1,037

3

0

150

55

33

99

Antitrust

4

0

20

Food & Drug

8

0

118

17

0

1,863

Manslaughter


Larceny Fraud Embezzlement

Gambling/Lottery

Child Pornography

Environmental/Wildlife National Defense

Other Miscellaneous Offenses 1

Of the 67,291 cases, two were excluded due to missing or indeterminable sentencing information. Sentences of probation only are included in this table as

zero months of imprisonment. In addition, the information presented in this table includes time 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, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

Table 7

10

OFFENDERS RECEIVING SENTENCING OPTIONS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

PRIMARY OFFENSE TOTAL Murder Manslaughter Kidnapping/Hostage Taking Sexual Abuse Assault Robbery Arson Drugs - Trafficking Drugs - Communication Facility Drugs - Simple Possession Firearms Burglary/B&E Auto Theft Larceny Fraud Embezzlement Forgery/Counterfeiting Bribery Tax Money Laundering Racketeering/Extortion Gambling/Lottery Civil Rights Immigration Child Pornography Prison Offenses Administration of Justice Offenses Environmental/Wildlife National Defense Antitrust Food & Drug Other Miscellaneous Offenses

TOTAL 66,810 84 57 39 633 796 701 48 19,045 270 1,790 7,273 23 46 967 6,445 305 444 191 521 809 890 75 42 19,970 1,922 470 1,031 132 99 20 114 1,558

TOTAL RECEIVING IMPRISONMENT N % 60,375 90.4 84 100.0 56 98.2 38 97.4 619 97.8 662 83.2 686 97.9 45 93.8 18,287 96.0 205 75.9 1,558 87.0 6,964 95.8 19 82.6 41 89.1 404 41.8 5,038 78.2 130 42.6 356 80.2 148 77.5 312 59.9 653 80.7 827 92.9 26 34.7 24 57.1 19,129 95.8 1,902 99.0 452 96.2 798 77.4 27 20.5 90 90.9 9 45.0 39 34.2 747 47.9

Prison Only N % 58,510 87.6 80 95.2 53 93.0 37 94.9 602 95.1 611 76.8 656 93.6 45 93.8 17,746 93.2 195 72.2 1,554 86.8 6,784 93.3 14 60.9 38 82.6 364 37.6 4,627 71.8 111 36.4 321 72.3 135 70.7 273 52.4 616 76.1 809 90.9 21 28.0 24 57.1 18,921 94.7 1,865 97.0 423 90.0 739 71.7 26 19.7 86 86.9 9 45.0 30 26.3 695 44.6

Prison/Community Split Sentence2 N % 1,865 2.8 4 4.8 3 5.3 1 2.6 17 2.7 51 6.4 30 4.3 0 0.0 541 2.8 10 3.7 4 0.2 180 2.5 5 21.7 3 6.5 40 4.1 411 6.4 19 6.2 35 7.9 13 6.8 39 7.5 37 4.6 18 2.0 5 6.7 0 0.0 208 1.0 37 1.9 29 6.2 59 5.7 1 0.8 4 4.0 0 0.0 9 7.9 52 3.3

TOTAL RECEIVING PROBATION N % 6,435 9.6 0 0.0 1 1.8 1 2.6 14 2.2 134 16.8 15 2.1 3 6.3 758 4.0 65 24.1 232 13.0 309 4.2 4 17.4 5 10.9 563 58.2 1,407 21.8 175 57.4 88 19.8 43 22.5 209 40.1 156 19.3 63 7.1 49 65.3 18 42.9 841 4.2 20 1.0 18 3.8 233 22.6 105 79.5 9 9.1 11 55.0 75 65.8 811 52.1

1

Probation and Confinement N % 1,636 2.4 0 0.0 1 1.8 0 0.0 3 0.5 28 3.5 7 1.0 1 2.1 253 1.3 15 5.6 12 0.7 117 1.6 2 8.7 0 0.0 134 13.9 452 7.0 37 12.1 26 5.9 21 11.0 62 11.9 38 4.7 23 2.6 9 12.0 8 19.0 144 0.7 6 0.3 5 1.1 52 5.0 18 13.6 1 1.0 0 0.0 13 11.4 148 9.5

Probation Only N % 4,799 7.2 0 0.0 0 0.0 1 2.6 11 1.7 106 13.3 8 1.1 2 4.2 505 2.7 50 18.5 220 12.3 192 2.6 2 8.7 5 10.9 429 44.4 955 14.8 138 45.2 62 14.0 22 11.5 147 28.2 118 14.6 40 4.5 40 53.3 10 23.8 697 3.5 14 0.7 13 2.8 181 17.6 87 65.9 8 8.1 11 55.0 62 54.4 663 42.6

Of the 67,291 cases, 481 were excluded due to one of the following reasons: the offender received neither imprisonment nor probation (480), or missing sentencing information (1). Descriptions of variables used in this table are provided in Appendix A.

2

Prison/Community Split Sentence includes all cases in which offenders received prison and conditions of confinement as described in USSG §5C1.1.


Table 8

11

NATIONAL COMPARISON OF SENTENCE IMPOSED AND POSITION RELATIVE TO THE GUIDELINE RANGE1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) N

%

TOTAL CASES

66,558

100.0

CASES SENTENCED WITHIN GUIDELINE RANGE

32,335

48.6

CASES SENTENCED ABOVE GUIDELINE RANGE

1,608

2.4

DEPARTURE ABOVE GUIDELINE RANGE Upward Departure From Guideline Range

2

Upward Departure With Booker /18 U.S.C. § 3553

3

OTHERWISE ABOVE GUIDELINE RANGE Above Guideline Range With Booker /18 U.S.C. § 3553 All Remaining Cases Above Guideline Range

4

5

GOVERNMENT SPONSORED BELOW RANGE6

417

0.6

316

0.5

101

0.2

1,191

1.8

1,116

1.7

75

0.1

18,763

28.2

§5K1.1 Substantial Assistance Departure

7,404

11.1

§5K3.1 Early Disposition Program Departure

5,944

8.9

Other Government Sponsored Below Range

5,415

8.1

NON-GOVERNMENT SPONSORED BELOW RANGE

13,852

DEPARTURE BELOW GUIDELINE RANGE Downward Departure From Guideline Range2 Downward Departure With Booker /18 U.S.C. § 3553

3

OTHERWISE BELOW GUIDELINE RANGE Below Guideline Range With Booker /18 U.S.C. § 3553 All Remaining Cases Below Guideline Range

5

4

20.8

1,854

2.8

1,324

2.0

530

0.8

11,998

18.0

11,595

17.4

403

0.6

1

This table reflects the 67,291 cases sentenced on or after October 1, 2015, with court documentation cumulatively received, coded, and edited at the U.S. Sentencing Commission by December 12, 2016. Of these, 733 cases 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

All cases with departures in which the court did not indicate as a reason either United States v. Booker, 18 U.S.C. § 3553, or a factor or reason specifically prohibited in the provisions, policy statements, or commentary of the Guidelines Manual.

3

All cases sentenced outside of the guideline range in which the court indicated both a departure (see footnote 2) and a reference to either United States v. Booker, 18 U.S.C. § 3553, or related factors as a reason for sentencing outside of the guideline system.

4

All cases sentenced outside of the guideline range in which no departure was indicated and in which the court cited United States v. Booker, 18 U.S.C. § 3553, or related factors as one of the reasons for sentencing outside of the guideline system.

5

All cases sentenced outside of the guideline range that could not be classified into any of the three previous outside of the range categories. This category includes cases in which no reason was provided for a sentence outside of the guideline range.

6

Cases in which a reason for the sentence indicated that the prosecution initiated, proposed, or stipulated to a sentence outside of the guideline range, either pursuant to a plea agreement or as part of a non-plea negotiation with the defendant. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

Table 9

12

SENTENCES RELATIVE TO THE GUIDELINE RANGE BY CIRCUIT AND DISTRICT1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

CIRCUIT District TOTAL

TOTAL

WITHIN GUIDELINE RANGE N %

ABOVE GUIDELINE RANGE N %

GOVERNMENT NON-GOVERNMENT SPONSORED SPONSORED BELOW RANGE BELOW RANGE N % N %

66,558

32,335

48.6

1,608

2.4

18,763

28.2

13,852

20.8

255 255

71 71

27.8 27.8

4 4

1.6 1.6

106 106

41.6 41.6

74 74

29.0 29.0

FIRST CIRCUIT Maine Massachusetts New Hampshire Puerto Rico Rhode Island

2,025 201 492 177 1,065 90

992 75 136 82 671 28

49.0 37.3 27.6 46.3 63.0 31.1

98 6 7 11 73 1

4.8 3.0 1.4 6.2 6.9 1.1

495 54 184 44 188 25

24.4 26.9 37.4 24.9 17.7 27.8

440 66 165 40 133 36

21.7 32.8 33.5 22.6 12.5 40.0

SECOND CIRCUIT Connecticut New York Eastern Northern Southern Western Vermont

3,337 296

937 81

28.1 27.4

44 7

1.3 2.4

976 78

29.2 26.4

1,380 130

41.4 43.9

788 304 1,301 463 185

176 153 295 196 36

22.3 50.3 22.7 42.3 19.5

12 1 13 11 0

1.5 0.3 1.0 2.4 0.0

267 58 326 164 83

33.9 19.1 25.1 35.4 44.9

333 92 667 92 66

42.3 30.3 51.3 19.9 35.7

THIRD CIRCUIT Delaware New Jersey Pennsylvania Eastern Middle Western Virgin Islands

2,080 71 664

808 18 256

38.8 25.4 38.6

36 0 6

1.7 0.0 0.9

711 30 236

34.2 42.3 35.5

525 23 166

25.2 32.4 25.0

578 305 404 58

171 158 160 45

29.6 51.8 39.6 77.6

11 4 14 1

1.9 1.3 3.5 1.7

237 73 130 5

41.0 23.9 32.2 8.6

159 70 100 7

27.5 23.0 24.8 12.1

FOURTH CIRCUIT Maryland North Carolina Eastern Middle Western South Carolina Virginia Eastern Western West Virginia Northern Southern

5,188 707

2,862 216

55.2 30.6

165 40

3.2 5.7

1,130 317

21.8 44.8

1,031 134

19.9 19.0

569 421 654 626

333 241 338 341

58.5 57.2 51.7 54.5

23 12 14 17

4.0 2.9 2.1 2.7

132 68 197 142

23.2 16.2 30.1 22.7

81 100 105 126

14.2 23.8 16.1 20.1

1,390 309

949 147

68.3 47.6

31 13

2.2 4.2

98 92

7.1 29.8

312 57

22.4 18.4

309 203

184 113

59.5 55.7

8 7

2.6 3.4

51 33

16.5 16.3

66 50

21.4 24.6

D.C. CIRCUIT District of Columbia

Table 9 (cont.)

CIRCUIT District

TOTAL


13



FIFTH CIRCUIT Louisiana Eastern Middle Western Mississippi Northern Southern Texas Eastern Northern Southern Western

15,804

9,989

63.2

402

2.5

2,346

14.8

3,067

19.4

336 162 225

182 76 148

54.2 46.9 65.8

6 6 7

1.8 3.7 3.1

70 27 20

20.8 16.7 8.9

78 53 50

23.2 32.7 22.2

160 226

85 155

53.1 68.6

8 4

5.0 1.8

34 38

21.3 16.8

33 29

20.6 12.8

822 1,372 6,458 6,043

553 867 3,705 4,218

67.3 63.2 57.4 69.8

29 73 113 156

3.5 5.3 1.7 2.6

201 245 923 788

24.5 17.9 14.3 13.0

39 187 1,717 881

4.7 13.6 26.6 14.6

SIXTH CIRCUIT Kentucky Eastern Western Michigan Eastern Western Ohio Northern Southern Tennessee Eastern Middle Western

4,475

1,921

42.9

99

2.2

1,424

31.8

1,031

23.0

438 332

264 139

60.3 41.9

13 5

3.0 1.5

67 142

15.3 42.8

94 46

21.5 13.9

887 329

299 185

33.7 56.2

12 13

1.4 4.0

251 55

28.3 16.7

325 76

36.6 23.1

581 500

254 144

43.7 28.8

12 13

2.1 2.6

156 228

26.9 45.6

159 115

27.4 23.0

748 198 462

361 53 222

48.3 26.8 48.1

17 5 9

2.3 2.5 1.9

286 112 127

38.2 56.6 27.5

84 28 104

11.2 14.1 22.5

SEVENTH CIRCUIT Illinois Central Northern Southern Indiana Northern Southern Wisconsin Eastern Western

2,265

814

35.9

53

2.3

529

23.4

869

38.4

259 639 313

82 168 195

31.7 26.3 62.3

14 8 7

5.4 1.3 2.2

76 102 53

29.3 16.0 16.9

87 361 58

33.6 56.5 18.5

300 328

146 123

48.7 37.5

4 9

1.3 2.7

71 114

23.7 34.8

79 82

26.3 25.0

301 125

57 43

18.9 34.4

8 3

2.7 2.4

99 14

32.9 11.2

137 65

45.5 52.0

EIGHTH CIRCUIT Arkansas Eastern Western Iowa Northern Southern Minnesota Missouri Eastern Western Nebraska North Dakota South Dakota

4,721

2,090

44.3

151

3.2

1,178

25.0

1,302

27.6

367 253

177 113

48.2 44.7

14 10

3.8 4.0

52 52

14.2 20.6

124 78

33.8 30.8

348 351 494

214 95 148

61.5 27.1 30.0

22 3 10

6.3 0.9 2.0

61 145 106

17.5 41.3 21.5

51 108 230

14.7 30.8 46.6

740 826 541 361 440

341 341 276 121 264

46.1 41.3 51.0 33.5 60.0

20 40 11 6 15

2.7 4.8 2.0 1.7 3.4

199 208 125 181 49

26.9 25.2 23.1 50.1 11.1

180 237 129 53 112

24.3 28.7 23.8 14.7 25.5

Table 9 (cont.)

CIRCUIT District NINTH CIRCUIT Alaska Arizona California Central Eastern Northern Southern Guam Hawaii Idaho Montana Nevada Northern Mariana Islands Oregon Washington Eastern Western

TOTAL


14



13,020 177 5,486

4,541 64 2,374

34.9 36.2 43.3

375 4 249

2.9 2.3 4.5

6,249 65 2,509

48.0 36.7 45.7

1,855 44 354

14.2 24.9 6.5

964 668 464 2,837 66 141 259 317 397 22 389

293 286 174 415 39 59 112 105 204 15 124

30.4 42.8 37.5 14.6 59.1 41.8 43.2 33.1 51.4 68.2 31.9

14 18 10 26 0 1 3 7 10 1 6

1.5 2.7 2.2 0.9 0.0 0.7 1.2 2.2 2.5 4.5 1.5

370 190 114 2,092 23 51 74 80 104 4 176

38.4 28.4 24.6 73.7 34.8 36.2 28.6 25.2 26.2 18.2 45.2

287 174 166 304 4 30 70 125 79 2 83

29.8 26.0 35.8 10.7 6.1 21.3 27.0 39.4 19.9 9.1 21.3

302 531

105 172

34.8 32.4

14 12

4.6 2.3

131 266

43.4 50.1

52 81

17.2 15.3

TENTH CIRCUIT Colorado Kansas New Mexico Oklahoma Eastern Northern Western Utah Wyoming

7,447 482 473 4,965

4,121 181 201 3,165

55.3 37.6 42.5 63.7

63 12 12 17

0.8 2.5 2.5 0.3

2,490 195 204 1,511

33.4 40.5 43.1 30.4

773 94 56 272

10.4 19.5 11.8 5.5

100 211 326 675 215

72 73 158 183 88

72.0 34.6 48.5 27.1 40.9

1 2 5 10 4

1.0 0.9 1.5 1.5 1.9

19 60 36 379 86

19.0 28.4 11.0 56.1 40.0

8 76 127 103 37

8.0 36.0 39.0 15.3 17.2

ELEVENTH CIRCUIT Alabama Middle Northern Southern Florida Middle Northern Southern Georgia Middle Northern Southern

5,941

3,189

53.7

118

2.0

1,129

19.0

1,505

25.3

152 351 317

78 191 190

51.3 54.4 59.9

5 4 3

3.3 1.1 0.9

41 77 56

27.0 21.9 17.7

28 79 68

18.4 22.5 21.5

1,414 253 2,171

642 107 1,273

45.4 42.3 58.6

17 10 58

1.2 4.0 2.7

322 51 221

22.8 20.2 10.2

433 85 619

30.6 33.6 28.5

354 525 404

248 147 313

70.1 28.0 77.5

5 12 4

1.4 2.3 1.0

57 248 56

16.1 47.2 13.9

44 118 31

12.4 22.5 7.7

1

Of the 67,291 cases, 733 were excluded because information was missing from the submitted documents that prevented the comparison of the sentence and the guideline range. The information needed to determine the relationship between the sentence imposed and the guideline range was missing in five percent or more of the cases received from: Eastern North Carolina (12.5%), Western Louisiana (8.2%), Southern West Virginia (6.5%), and Middle Tennessee (6.2%). Descriptions of variables used in this table are provided in Appendix A. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

15

Table 10 SENTENCES RELATIVE TO THE GUIDELINE RANGE BY EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) WITHIN GUIDELINE RANGE

ABOVE GUIDELINE RANGE

TOTAL

N

%

N

%

N

%

N

%

N

TOTAL

66,558

32,335

48.6

1,608

2.4

7,404

11.1

5,944

8.9

Murder

84

36

42.9

1

1.2

23

27.4

0

0.0

Manslaughter

57

26

45.6

18

31.6

0

0.0

0


39

18

46.2

2

5.1

4

10.3

0

Sexual Abuse

631

270

42.8

46

7.3

60

9.5

Assault

779

420

53.9

55

7.1

8

1.0

Robbery

700

365

52.1

37

5.3

57

8.1

48

26

54.2

3

6.3

13

19,037

6,888

36.2

227

1.2

4,286

PRIMARY OFFENSE


NON-GOV'T SPONSORED BELOW RANGE

GOVERNMENT SPONSORED BELOW RANGE OTHER §5K1.1 §5K3.1 %

N

%

5,415

8.1

13,852

20.8

17

20.2

7

8.3

0.0

7

12.3

6

10.5

0.0

9

23.1

6

15.4

0

0.0

123

19.5

132

20.9

4

0.5

139

17.8

153

19.6

0

0.0

69

9.9

172

24.6

27.1

0

0.0

4

8.3

2

4.2

22.5

1,276

6.7

1,998

10.5

4,362

22.9

270

138

51.1

8

3.0

29

10.7

7

2.6

23

8.5

65

24.1


1,580

1,426

90.3

141

8.9

1

0.1

1

0.1

4

0.3

7

0.4

Firearms

7,268

3,831

52.7

344

4.7

713

9.8

9

0.1

706

9.7

1,665

22.9

Burglary/B&E

23

10

43.5

1

4.3

0

0.0

0

0.0

2

8.7

10

43.5

Auto Theft

46

28

60.9

2

4.3

5

10.9

1

2.2

2

4.3

8

17.4

Larceny

961

559

58.2

20

2.1

56

5.8

0

0.0

108

11.2

218

22.7

6,346

2,717

42.8

136

2.1

1,063

16.8

13

0.2

569

9.0

1,848

29.1

Embezzlement

303

174

57.4

6

2.0

8

2.6

0

0.0

33

10.9

82

27.1


444

250

56.3

14

3.2

45

10.1

1

0.2

41

9.2

93

20.9

Bribery

192

34

17.7

4

2.1

65

33.9

0

0.0

22

11.5

67

34.9

Tax

518

120

23.2

8

1.5

67

12.9

5

1.0

74

14.3

244

47.1

Money Laundering

807

217

26.9

10

1.2

234

29.0

8

1.0

129

16.0

209

25.9


891

337

37.8

45

5.1

182

20.4

0

0.0

126

14.1

201

22.6

75

23

30.7

0

0.0

11

14.7

1

1.3

14

18.7

26

34.7

Fraud

Gambling/Lottery Civil Rights

40

14

35.0

1

2.5

8

20.0

0

0.0

6

15.0

11

27.5

Immigration

19,897

11,566

58.1

322

1.6

212

1.1

4,610

23.2

455

2.3

2,732

13.7

1,923

561

29.2

38

2.0

54

2.8

0

0.0

403

21.0

867

45.1

460

306

66.5

13

2.8

12

2.6

2

0.4

63

13.7

64

13.9

1,027

521

50.7

56

5.5

53

5.2

4

0.4

106

10.3

287

27.9

Child Pornography Prison Offenses Administration of Justice Offenses Environmental/Wildlife National Defense Antitrust Food & Drug Other Miscellaneous Offenses

134

78

58.2

0

0.0

10

7.5

0

0.0

22

16.4

24

17.9

99

29

29.3

3

3.0

26

26.3

0

0.0

17

17.2

24

24.2

20

1

5.0

0

0.0

14

70.0

0

0.0

2

10.0

3

15.0

115

67

58.3

2

1.7

14

12.2

0

0.0

15

13.0

17

14.8

1,744

1,279

73.3

45

2.6

71

4.1

2

0.1

107

6.1

240

13.8

1

Of the 67,291 cases, 733 were excluded due to information that 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, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

16

Table 11

SENTENCES RELATIVE TO THE GUIDELINE RANGE IN EACH PRIMARY SENTENCING GUIDELINE1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

Guideline §2A1.1 §2A1.2 §2A1.3 §2A1.4 §2A1.5 §2A2.1 §2A2.2 §2A2.3 §2A2.4 §2A3.1 §2A3.2 §2A3.3 §2A3.4 §2A3.5 §2A4.1 §2A4.2 §2A5.1 §2A5.2 §2A5.3 §2A6.1 §2A6.2 §2B1.1 §2B1.2 §2B1.3 §2B1.4 §2B1.5 §2B1.62 §2B2.1 §2B2.2 §2B2.3 §2B3.1 §2B3.2 §2B3.3 §2B4.1 §2B5.1 §2B5.2 §2B5.3 §2B5.4 §2B6.1 §2C1.1 §2C1.2 §2C1.3 §2C1.4 §2C1.5 §2C1.6 §2C1.7 §2C1.8 §2D1.1 §2D1.2 §2D1.3 §2D1.4 §2D1.5 §2D1.6 §2D1.7

Within Above Gov't Sponsored Non-Gov Gdln Gdln Below Below Range Total Range Range §5K1.1 §5K3.1 Other Range 223 50 27 41 37 80 362 77 177 146 33 12 33 426 71 0 0 32 0 132 36 7,051 0 0 18 21 -40 0 6 1,576 62 17 83 280 0 84 0 2 258 24 4 0 0 0 0 4 19,116 321 0 0 12 0 5

86 23 14 18 6 34 160 55 98 65 10 8 18 247 32 0 0 17 0 70 14 3,144 0 0 2 9 -22 0 6 714 16 6 34 163 0 20 0 1 50 4 4 0 0 0 0 0 6,916 211 0 0 3 0 1

5 5 10 11 2 5 44 5 6 6 10 1 6 22 4 0 0 2 0 6 2 164 0 0 0 1 -2 0 0 103 2 2 0 8 0 0 0 0 4 0 0 0 0 0 0 0 261 3 0 0 0 0 0

76 6 0 0 7 11 6 0 1 12 0 0 0 3 14 0 0 0 0 1 1 1,035 0 0 6 2 -1 0 0 242 9 4 19 31 0 16 0 0 83 13 0 0 0 0 0 3 4,267 28 0 0 6 0 3

0 0 0 0 0 0 1 0 2 0 0 0 0 1 0 0 0 0 0 0 0 9 0 0 0 0 -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,286 1 0 0 0 0 0

36 10 2 6 13 11 75 5 33 38 7 0 3 35 12 0 0 3 0 17 10 675 0 0 3 4 -2 0 0 162 3 3 2 20 0 14 0 0 40 0 0 0 0 0 0 0 1,978 30 0 0 1 0 0

20 6 1 6 9 19 76 12 37 25 6 3 6 118 9 0 0 10 0 38 9 2,024 0 0 7 5 -13 0 0 355 32 2 28 58 0 34 0 1 81 7 0 0 0 0 0 1 4,408 48 0 0 2 0 1

Guideline

Within Above Gov't Sponsored Non-Gov Gdln Gdln Below Below Range Total Range Range §5K1.1 §5K3.1 Other Range

§2D1.8 §2D1.9 §2D1.10 §2D1.11 §2D1.12 §2D1.13 §2D1.14 §2D2.1 §2D2.2 §2D2.3 §2D3.1 §2D3.2 §2D3.3 §2D3.4 §2D3.5 §2E1.1 §2E1.2 §2E1.3 §2E1.4 §2E1.5 §2E2.1 §2E3.1 §2E3.2 §2E3.3 §2E4.1 §2E5.1 §2E5.2 §2E5.3 §2E5.4 §2E5.5 §2E5.6 §2F1.1 §2F1.2 §2G1.1 §2G1.2 §2G1.3 §2G2.1 §2G2.2 §2G2.3 §2G2.4 §2G2.5 §2G2.6 §2G3.1 §2G3.2 §2H1.1 §2H1.2 §2H1.3 §2H1.4 §2H1.5 §2H2.1 §2H3.1 §2H3.2 §2H3.3 §2H4.1

18 0 12 76 6 2 0 225 53 0 2 0 0 0 0 57 3 0 11 0 11 80 0 0 28 0 0 5 0 0 0 2 0 70 0 415 421 1,580 1 0 0 4 25 0 47 0 0 0 0 3 3 0 6 9

5 0 2 21 3 2 0 214 40 0 2 0 0 0 0 22 0 0 3 0 5 27 0 0 5 0 0 5 0 0 0 1 0 34 0 172 165 427 1 0 0 2 17 0 11 0 0 0 0 2 1 0 6 0

0 0 0 0 0 0 0 5 1 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0 22 10 31 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 4

6 0 1 17 0 0 0 1 6 0 0 0 0 0 0 15 0 0 3 0 3 10 0 0 9 0 0 0 0 0 0 0 0 10 0 51 27 28 0 0 0 1 0 0 13 0 0 0 0 0 0 0 0 2

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 4 19 2 0 0 1 1 0 0 0 0 0 0 4 0 0 4 0 1 14 0 0 1 0 0 0 0 0 0 1 0 6 0 71 102 323 0 0 0 1 0 0 5 0 0 0 0 0 0 0 0 1

7 0 5 19 1 0 0 4 5 0 0 0 0 0 0 15 2 0 1 0 2 28 0 0 13 0 0 0 0 0 0 0 0 10 0 99 117 771 0 0 0 0 2 0 18 0 0 0 0 1 2 0 0 2

17

Table 11 (cont.)

Guideline §2H4.2 §2J1.1 §2J1.2 §2J1.3 §2J1.4 §2J1.5 §2J1.6 §2J1.7 §2J1.8 §2J1.9 §2K1.1 §2K1.2 §2K1.3 §2K1.4 §2K1.5 §2K1.6 §2K1.7 §2K2.1 §2K2.2 §2K2.3 §2K2.43 §2K2.5 §2K2.6 §2K3.1 §2K3.2 §2L1.1 §2L1.2 §2L1.3 §2L2.1 §2L2.2 §2L2.3 §2L2.4 §2L2.5 §2M1.1 §2M2.1 §2M2.2 §2M2.3 §2M2.4 §2M3.1 §2M3.2 §2M3.3 §2M3.4 §2M3.5 §2M3.6 §2M3.7 §2M3.8 §2M3.9 §2M4.1 §2M5.1

Within Above Gov't Sponsored Non-Gov Gdln Gdln Below Below Range Total Range Range §5K1.1 §5K3.1 Other Range 0 0 131 40 17 1 41 0 0 0 4 0 19 63 1 0 0 5,677 0 0 -10 3 0 0 2,415 15,757 0 130 763 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 11

0 0 43 10 14 0 26 0 0 0 4 0 9 32 1 0 0 3,091 0 0 -8 3 0 0 1,039 9,326 0 62 559 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1

0 0 10 1 2 1 2 0 0 0 0 0 1 2 0 0 0 224 0 0 -2 0 0 0 32 267 0 0 15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1

0 0 15 2 0 0 0 0 0 0 0 0 2 13 0 0 0 394 0 0 -0 0 0 0 141 61 0 13 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4

0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0 0 -0 0 0 0 813 3,563 0 1 44 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 14 5 0 0 2 0 0 0 0 0 2 5 0 0 0 533 0 0 -0 0 0 0 103 309 0 12 16 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 3

0 0 48 22 1 0 11 0 0 0 0 0 5 11 0 0 0 1,428 0 0 -0 0 0 0 287 2,231 0 42 124 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 2

Guideline

Within Above Gov't Sponsored Non-Gov Gdln Gdln Below Below Range Total Range Range §5K1.1 §5K3.1 Other Range

§2M5.2 §2M5.3 §2M6.1 §2M6.2 §2N1.1 §2N1.2 §2N1.3 §2N2.1 §2N3.1 §2P1.1 §2P1.2 §2P1.3 §2P1.4 §2Q1.1 §2Q1.2 §2Q1.3 §2Q1.4 §2Q1.5 §2Q1.6 §2Q2.1 §2Q2.2 §2R1.1 §2S1.1 §2S1.2 §2S1.3 §2S1.4 §2T1.1 §2T1.2 §2T1.3 §2T1.4 §2T1.5 §2T1.6 §2T1.7 §2T1.8 §2T1.9 §2T2.1 §2T2.2 §2T3.1 §2T3.2 §2T4.1 §2X1.1 §2X2.1 §2X3.1 §2X4.1 §2X5.1 §2X5.2 §2X6.1 §2X7.1 §2X7.2

100 18 3 0 4 1 1 43 0 262 117 11 0 0 25 24 0 0 1 84 0 19 1,074 0 253 0 412 0 0 178 0 47 0 0 9 1 1 10 0 0 13 0 80 283 0 175 1 2 4

30 4 2 0 1 0 1 40 0 180 71 4 0 0 6 4 0 0 0 41 0 0 264 0 89 0 94 0 0 50 0 8 0 0 3 1 1 4 0 0 7 0 27 128 0 160 0 0 3

2 0 0 0 0 0 0 1 0 6 6 1 0 0 0 1 0 0 0 0 0 0 11 0 5 0 4 0 0 3 0 1 0 0 0 0 0 1 0 0 0 0 6 16 0 10 0 0 0

26 1 0 0 0 0 0 1 0 1 4 6 0 0 4 5 0 0 0 8 0 16 349 0 44 0 57 0 0 31 0 2 0 0 2 0 0 4 0 0 2 0 14 27 0 0 1 0 0

4 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 3 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0

TOTAL

62,495

28,947

1,427

7,364

5,746

15 4 0 0 2 0 0 1 0 23 29 0 0 0 8 9 0 0 1 12 0 1 175 0 49 0 57 0 0 19 0 7 0 0 3 0 0 1 0 0 1 0 12 38 0 0 0 2 0

23 9 1 0 1 1 0 0 0 51 7 0 0 0 7 5 0 0 0 23 0 2 272 0 60 0 200 0 0 75 0 29 0 0 1 0 0 0 0 0 3 0 21 72 0 5 0 0 1

5,288 13,723

1

Of the 67,291 cases, 4,796 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 (733) or missing guideline applied (4,779). Descriptions of variables used in this table are provided in Appendix A.

2

In 994 cases, the defendant was convicted of one or more counts of violating 18 U.S.C. § 1028A. By statute, the punishment for this crime must be served consecutively to any other punishment; therefore, in these 994 cases the conviction for this crime did not affect the guideline calculation for the underlying offense.

3

In 2,001 cases, the defendant was convicted of one or more counts of violating 18 U.S.C. § 924(c). By statute, the punishment for this crime must be served consecutively to any other punishment; therefore, in these 2,001 cases the conviction for this crime did not affect the guideline calculation for the underlying offense. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

18 Figure C QUARTERLY DATA FOR WITHIN RANGE AND OUT OF RANGE SENTENCES1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 100

Percent of Cases

80

60

40

Within Range

Government Sponsored Below Range Below Range

20

Above Range 0

1



19 Figure D QUARTERLY DATA FOR WITHIN RANGE/GOVERNMENT SPONSORED AND OTHER OUT OF RANGE SENTENCES1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 100

Within Range/Government Sponsored

Percent of Cases

80

60

40

Below Range 20

Above Range 0

1



20 Table 12 QUARTERLY DATA FOR WITHIN RANGE AND OUT OF RANGE SENTENCES1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) WITHIN GUIDELINE RANGE

GOVERNMENT SPONSORED BELOW RANGE

BELOW RANGE

ABOVE RANGE

%

%

%

%

FY2011 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter

55.5 53.5 54.5 54.5

25.5 27.0 26.7 26.1

17.3 17.7 17.1 17.5

1.7 1.8 1.7 1.9


53.6 52.8 52.1 51.0

26.7 27.8 28.2 28.5

17.7 17.4 17.6 18.5

1.9 1.9 2.0 2.0


50.7 51.3 51.4 51.3

28.5 28.1 27.9 27.2

18.6 18.5 18.6 19.3

2.1 2.1 2.1 2.2


48.5 48.4 44.3 42.5

28.4 28.8 31.8 32.6

20.7 20.3 21.9 22.9

2.4 2.5 1.9 2.0


46.0 47.4 48.2 47.4

30.7 29.1 28.6 28.7

21.4 21.0 21.2 21.5

1.9 2.5 2.1 2.4


49.3 49.1 49.8 46.0

28.1 27.3 27.6 29.9

20.1 21.2 20.4 21.5

2.4 2.3 2.3 2.6

FISCAL YEAR Quarter

1



21

Table 13 ATTRIBUTION CATEGORY FOR CASES OUTSIDE OF THE GUIDELINE RANGE1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)

Pursuant to a Plea Agreement

TOTAL Above Range Upward Departure From Guideline Range Upward Departure With Booker /18 U.S.C. § 3553 Above Guideline Range With Booker /18 U.S.C. § 3553 All Remaining Cases Above Guideline Range

TOTAL CASES 34,223

§5K1.1 Substantial 2 Assistance N % 7,420 21.7

§5K3.1 Plea w/ Departure Early Binding Plea Court 2 Disposition Accepted by Court Finds Reasonable N % N % N % 6,099 17.8 5,435 15.9 6,323 18.5

Plea Agreement States Gov't Will Not Oppose N % 778 2.3

1,608 316 101 1,116 75

16 0 0 0 16

1.0 0.0 0.0 0.0 21.3

9 0 0 0 9

0.6 0.0 0.0 0.0 12.0

308 125 11 162 10

19.2 39.6 10.9 14.5 13.3

138 53 8 72 5

8.6 16.8 7.9 6.5 6.7

7 1 0 6 0

0.4 0.3 0.0 0.5 0.0

Government Sponsored Below Range §5K1.1 Substantial Assistance Departure §5K3.1 Early Disposition Program Departure Other Government Sponsored Below Range

18,763 7,404 5,944 5,415

7,404 7,404 0 0

39.5 100.0 0.0 0.0

6,090 146 5,944 0

32.5 2.0 100.0 0.0

5,127 353 2,737 2,037

27.3 4.8 46.0 37.6

6,185 2,077 2,583 1,525

33.0 28.1 43.5 28.2

771 38 371 362

4.1 0.5 6.2 6.7

Non-Government Sponsored Below Range Downward Departure From Guideline Range Downward Departure With Booker /18 U.S.C. § 3553 Below Guideline Range With Booker /18 U.S.C. § 3553 All Remaining Cases Below Guideline Range

13,852 1,324 530 11,595 403

0 0 0 0 0

0.0 0.0 0.0 0.0 0.0

0 0 0 0 0

0.0 0.0 0.0 0.0 0.0

0 0 0 0 0

0.0 0.0 0.0 0.0 0.0

0 0 0 0 0

0.0 0.0 0.0 0.0 0.0

0 0 0 0 0

0.0 0.0 0.0 0.0 0.0

22

Table 13 (cont.)

Pursuant to a Motion Not in a Plea Agreement

TOTAL Above Range Upward Departure From Guideline Range Upward Departure With Booker /18 U.S.C. § 3553 Above Guideline Range With Booker /18 U.S.C. § 3553 All Remaining Cases Above Guideline Range Government Sponsored Below Range §5K1.1 Substantial Assistance Departure §5K3.1 Early Disposition Program Departure Other Government Sponsored Below Range Non-Government Sponsored Below Range Downward Departure From Guideline Range Downward Departure With Booker /18 U.S.C. § 3553 Below Guideline Range With Booker /18 U.S.C. § 3553 All Remaining Cases Below Guideline Range

Other Government Motion N % 4,763 13.9

Defense Motion/Gov't Did Not Object N % 5,789 16.9

Defense Motion/Gov't Did Object N % 5,655 16.5

Joint Motion N % 955 2.8

Other than a Plea/Motion by Parties N % 4,962 14.5

No Information Available N % 2,834 8.3

249 48 36 160 5

15.5 15.2 35.6 14.3 6.7

10 1 1 6 2

0.6 0.3 1.0 0.5 2.7

10 2 3 5 0

0.6 0.6 3.0 0.4 0.0

15 4 1 9 1

0.9 1.3 1.0 0.8 1.3

580 77 52 445 6

36.1 24.4 51.5 39.9 8.0

361 35 6 274 46

22.5 11.1 5.9 24.6 61.3

4,514 3,487 178 849

24.1 47.1 3.0 15.7

1,636 712 426 498

8.7 9.6 7.2 9.2

1,178 478 462 238

6.3 6.5 7.8 4.4

940 240 68 632

5.0 3.2 1.1 11.7

1,141 563 360 218

6.1 7.6 6.1 4.0

170 0 0 170

0.9 0.0 0.0 3.1

0 0 0 0 0

0.0 0.0 0.0 0.0 0.0

4,143 631 165 3,347 0

29.9 47.7 31.1 28.9 0.0

4,467 259 205 4,000 3

32.2 19.6 38.7 34.5 0.7

0 0 0 0 0

0.0 0.0 0.0 0.0 0.0

3,241 262 179 2,791 9

23.4 19.8 33.8 24.1 2.2

2,303 192 66 1,654 391

16.6 14.5 12.5 14.3 97.0

1

Multiple attributions may be made on the SOR. Therefore, the numbers reported in this table may exceed the number of total cases. For example, among SORs with an attribution, 13,249 cases indicated more than one attribution. Note that only outside of the range cases 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 Statement of Reasons (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 a prior version of the SOR form, the information was taken from Part V.B. of the SOR form. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

23

Table 14

§5K1.1 SUBSTANTIAL ASSISTANCE DEPARTURE CASES: DEGREE OF DECREASE FOR OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)


N 7,136 8 0 3 58 8 56 13 4,158 28 1 668 0 5 55 1,028 7 43 62 65 228 164 11 8 211 52 12 53 10 25 14 14 68

Median Sentence in Months 36 162 -179 79 31 46 28 47 0 -54 -38 4 8 12 9 12 0 21 36 0 12 12 120 23 0 0 15 0 0 1

Median Decrease in Months From Guideline Minimum 32 120 -78 72 8 31 24 41 33 -37 -14 12 21 10 10 21 12 28 33 9 17 12 76 22 15 12 31 8 32 18

1

Median Percent Decrease From Guideline Minimum 50.0 50.9 -33.3 44.4 18.6 35.9 51.2 47.1 100.0 -48.9 -59.5 89.1 75.0 42.7 47.6 67.0 100.0 55.3 50.3 100.0 61.0 50.0 36.6 42.8 100.0 100.0 67.4 100.0 100.0 95.8

Of the 67,291 cases, 7,404 received a §5K1.1 substantial assistance departure. Of these, 7,205 cases had complete guideline application information. Due to an inability to calculate the extent of departure for cases with a guideline minimum of life, an additional 61 cases were also excluded from this table. Of the remaining 7,144 cases, eight were excluded due to missing sentence information. Note that the information presented in this table does include sentences of probation, but does not include any time of alternative confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

24

Table 15

§5K3.1 EARLY DISPOSITION PROGRAM DEPARTURE CASES: DEGREE OF DECREASE FOR OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)


N 5,660 0 0 0 0 4 0 0 1,218 7 1 9 0 1 0 12 0 1 0 5 8 0 1 0 4,385 0 2 4 0 0 0 0 2

Median Sentence in Months 12 ----5 --24 24 -24 ---18 ---30 6 ---9 --6 ------

Median Decrease in Months From Guideline Minimum 8 ----6 --28 24 -11 ---6 ---24 11 ---6 --9 ------

1

Median Percent Decrease From Guideline Minimum 47.1 ----44.8 --54.3 50.0 -42.9 ---44.1 ---57.1 45.1 ---42.3 --71.4 ------

Of the 67,291 cases, 5,944 received a §5K3.1 early disposition program departure. Of these, 5,660 cases had complete guideline application information. Note that the information presented in this table does include sentences of probation, but does not include any time of alternative confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

25

Table 16

OTHER GOVERNMENT SPONSORED BELOW RANGE CASES: DEGREE OF DECREASE FOR OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)


N 5,173 16 7 6 108 130 69 4 1,927 23 1 686 2 2 97 551 31 40 22 70 126 119 14 5 426 396 52 101 18 17 1 13 93

Median Sentence in Months 32 144 24 138 96 18 49 0 60 6 -47 --0 12 0 9 11 0 9 72 0 1 12 77 13 0 0 24 -0 0

Median Decrease in Months From Guideline Minimum 20 54 9 114 44 12 22 25 31 24 -18 --10 12 9 9 12 12 19 31 6 12 10 54 7 12 10 24 -24 10

1

Median Percent Decrease From Guideline Minimum 42.7 25.8 37.5 39.6 32.4 46.7 31.4 99.9 37.5 75.0 -32.0 --100.0 60.9 99.9 53.2 75.5 100.0 67.5 34.9 100.0 83.3 44.4 40.0 33.3 100.0 100.0 40.0 -100.0 100.0

Of the 67,291 cases, 5,415 received an other government sponsored downward departure. Of these, 5,217 cases had complete guideline application information. Due to an inability to calculate the extent of departure for cases with a guideline minimum of life, an additional 39 cases were also excluded from this table. Of the remaining 5,178 cases, five were excluded due to missing sentence information. Note that the information presented in this table does include sentences of probation, but does not include any time of alternative confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

26

Table 17

NON-GOVERNMENT SPONSORED BELOW RANGE CASES: DEGREE OF DECREASE FOR OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)


N 13,471 7 6 6 109 142 168 2 4,268 64 6 1,633 10 8 211 1,801 82 90 67 239 200 193 26 9 2,641 857 58 280 19 24 3 17 225

Median Sentence in Months 24 102 16 121 96 12 40 -42 3 1 36 5 42 0 12 0 7 12 0 15 36 0 0 15 72 6 7 0 38 6 12 0

Median Decrease in Months From Guideline Minimum 15 24 14 66 31 9 15 -18 12 3 14 8 7 10 12 10 9 12 12 15 17 8 18 10 52 7 10 10 38 6 23 10

1

Median Percent Decrease From Guideline Minimum 36.8 19.8 46.6 33.3 30.6 42.8 26.6 -31.4 86.9 95.2 26.3 77.7 18.3 100.0 50.0 99.8 58.1 53.8 100.0 51.4 33.3 100.0 100.0 40.0 38.5 50.0 50.2 100.0 40.2 40.0 63.9 99.7

Of the 67,291 cases, 13,852 were otherwise sentenced below the guideline range. Of these, 13,536 cases had complete guideline application information. Due to an inability to calculate the extent of departure for cases with a guideline minimum of life, an additional 55 cases were also excluded from this table. Of the remaining 13,481 cases, ten were excluded due to missing sentence information. Note that the information presented in this table does include sentences of probation, but does not include any time of alternative confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

27

Table 18

ABOVE GUIDELINE RANGE CASES: DEGREE OF INCREASE FOR OFFENDERS IN EACH PRIMARY OFFENSE CATEGORY1 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016)


N 1,363 1 18 2 44 49 35 3 219 7 5 296 1 2 19 124 5 14 4 8 10 44 0 1 310 32 11 52 0 3 0 2 42

Median Sentence in Months 57 -108 -141 78 127 121 66 42 12 96 --36 48 24 48 93 44 53 114 --24 162 36 39 -97 --39

Median Increase in Months From Guideline Maximum 14 -35 -25 21 29 50 13 12 5 21 --10 14 3 17 21 12 13 29 --7 24 10 13 -26 --9

1

Median Percent Increase From Guideline Maximum 36.7 -53.8 -32.8 40.7 31.4 70.4 26.3 29.7 71.9 30.4 --50.0 44.2 50.0 74.6 30.5 41.4 53.2 30.0 --50.0 19.0 71.4 50.0 -36.6 --61.1

Of the 67,291 cases, 1,608 were sentenced above the guideline range. Of these, 1,413 cases had complete guideline application information. Due to an inability to calculate the extent of departure for cases with a sentence of life, an additional two cases were also excluded from this table. Furthermore, 48 cases were excluded due to several logical criteria. Note that the information presented in this table does not include any time of alternative confinement as described in USSG §5C1.1. Descriptions of variables used in this table are provided in Appendix A. SOURCE: U.S. Sentencing Commission, Preliminary 2016 Datafile, USSCFY16 (October 1, 2015, through September 30, 2016).

28 Figure E AVERAGE SENTENCE LENGTH AND AVERAGE GUIDELINE MINIMUM QUARTERLY DATA FOR ALL CASES1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 80

Average (Mean)

60

40

20

Average Guideline Minimum Average Sentence

0

1

Cases with guideline minimums of life or probation were included in the guideline minimum average computations as 470 months and zero months, respectively. In turn, cases with sentences of 470 months or greater (including life) or probation were included in the sentence average computations as 470 months and zero months, respectively. In addition, the information presented in this table includes time of confinement as described in USSG §5C1.1. Guideline minimums account for applicable statutory mandatory penalties. Descriptions of variables used in this figure are provided in Appendix A. SOURCE: U.S. Sentencing Commission, 2011 - 2015 Datafiles, USSCFY11 - USSCFY15, and Preliminary Data from USSCFY16 (October 1, 2015, through September 30, 2016).

29 Figure F AVERAGE SENTENCE LENGTH AND AVERAGE GUIDELINE MINIMUM QUARTERLY DATA FOR §2B1.1 OFFENDERS (THEFT, PROPERTY DESTRUCTION, AND FRAUD)1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 50

Average (Mean)

40

30

20

10

Average Guideline Minimum Average Sentence

0

1

Figure includes only cases with a primary sentencing guideline of USSG §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States). Additionally, cases with an amendment year prior to 2001 were excluded from this figure because prior to this time fraud cases were reported separately as USSG §2F1.1. Cases with guideline minimums of life or probation were included in the guideline minimum average computations as 470 months and zero months, respectively. In turn, cases with sentences of 470 months or greater (including life) or probation were included in the sentence average computations as 470 months and zero months, respectively. In addition, the information presented in this table includes time of confinement as described in USSG §5C1.1. Guideline minimums account for applicable statutory mandatory penalties. Descriptions of variables used in this figure are provided in Appendix A. SOURCE: U.S. Sentencing Commission, 2011 - 2015 Datafiles, USSCFY11 - USSCFY15, and Preliminary Data from USSCFY16 (October 1, 2015, through September 30, 2016).

30 Figure G AVERAGE SENTENCE LENGTH AND AVERAGE GUIDELINE MINIMUM QUARTERLY DATA FOR §2K2.1 OFFENDERS (UNLAWFUL POSSESSION OF OR TRANSACTION IN FIREARMS)1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 70

60

Average (Mean)

50

40

30

20 Average Guideline Minimum 10 Average Sentence 0

1 Figure includes only cases with a primary sentencing guideline of USSG §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition). Cases with guideline minimums of life or probation were included in the guideline minimum average computations as 470 months and zero months, respectively. In turn, cases with sentences of 470 months or greater (including life) or probation were included in the sentence average computations as 470 months and zero months, respectively. In addition, the information presented in this table includes time of confinement as described in USSG §5C1.1. Guideline minimums account for applicable statutory mandatory penalties. Descriptions of variables used in this figure are provided in Appendix A.


31 Figure H AVERAGE SENTENCE LENGTH AND AVERAGE GUIDELINE MINIMUM QUARTERLY DATA FOR §2L1.1 OFFENDERS (ALIEN SMUGGLING)1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 50 Average Guideline Minimum

Average (Mean)

40

Average Sentence

30

20

10

0

1 Figure includes only cases with a primary sentencing guideline of USSG §2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien). Cases with guideline minimums of life or probation were included in the guideline minimum average computations as 470 months and zero months, respectively. In turn, cases with sentences of 470 months or greater (including life) or probation were included in the sentence average computations as 470 months and zero months, respectively. In addition, the information presented in this table includes time of confinement as described in USSG §5C1.1. Guideline minimums account for applicable statutory mandatory penalties. Descriptions of variables used in this figure are provided in Appendix A.


32 Figure I AVERAGE SENTENCE LENGTH AND AVERAGE GUIDELINE MINIMUM QUARTERLY DATA FOR §2L1.2 OFFENDERS (UNLAWFUL ENTERING OR REMAINING IN THE UNITED STATES)1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 50 Average Guideline Minimum

Average (Mean)

40

Average Sentence

30

20

10

0

1 Figure includes only cases with a primary sentencing guideline of USSG §2L1.2 (Unlawful Entering or Remaining in the United States). Cases with guideline minimums of life or probation were included in the guideline minimum average computations as 470 months and zero months, respectively. In turn, cases with sentences of 470 months or greater (including life) or probation were included in the sentence average computations as 470 months and zero months, respectively. In addition, the information presented in this table includes time of confinement as described in USSG §5C1.1. Guideline minimums account for applicable statutory mandatory penalties. Descriptions of variables used in this figure are provided in Appendix A.


33 Figure J AVERAGE SENTENCE LENGTH AND AVERAGE GUIDELINE MINIMUM QUARTERLY DATA FOR §2D1.1 OFFENDERS (UNLAWFUL DRUG TRAFFICKING OR MANUFACTURING)1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 140

120

Average (Mean)

100

80

60

40 Average Guideline Minimum 20

Average Sentence

0

1 Figure includes only cases with a primary sentencing guideline of USSG §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy). Cases with guideline minimums of life or probation were included in the guideline minimum average computations as 470 months and zero months, respectively. In turn, cases with sentences of 470 months or greater (including life) or probation were included in the sentence average computations as 470 months and zero months, respectively. In addition, the information presented in this table includes time of confinement as described in USSG §5C1.1. Guideline minimums account for applicable statutory mandatory penalties. Descriptions of variables used in this figure are provided in Appendix A.


34 Figure K AVERAGE SENTENCE LENGTH FOR EACH DRUG TYPE1 Fiscal Years 2011 - 2015, 4th Quarter 2016 Preliminary Cumulative Data (October 1, 2015, through September 30, 2016) 140

120 Crack Cocaine Average (Mean)

100

Methamphetamine Powder Cocaine

80

60

40

Heroin

Marijuana

20

0

1 Only cases sentenced under USSG §§2D1.1 (Drug Trafficking), 2D1.2 (Protected Locations), 2D1.5 (Continuing Criminal Enterprise), 2D1.6 (Use of Communication Facility), 2D1.8 (Rent/Manage Drug Establishment), or 2D2.1 (Simple Possession) are depicted in this figure. Cases with sentences of 470 months or greater (including life) or probation were included in the sentence average computations as 470 months and zero months, respectively. In addition, the information presented in this table includes time of confinement as described in USSG §5C1.1. Descriptions of variables used in this figure are provided in Appendix A.


A-1

Appendix A Descriptions of Datafiles and Variables Introduction Federal courts are required to forward to the Commission sentencing documentation on all offenders sentenced under the Sentencing Reform Act of 1984 (SRA), except in cases that solely involve petty offenses. Standard information on each case is extracted from sentencing documents received and computerized for analysis. 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 for whom no sentences were yet issued, and offenders sentenced but for whom no sentencing documents were submitted to the Commission. Because the Commission collects information only on cases sentenced under the guidelines, information on cases sentenced under prior law (pre-guidelines) during the current fiscal year is not available in this dataset. When cases are sentenced under both prior law and the guidelines, only the guideline relevant information is coded in the dataset. Cases in which a sentence of death was imposed also are not available in this dataset for this same reason. Note that for all tables, total percentages may not add up to exactly 100 percent due to rounding.

Variables The following section describes the variables used in this report. Above Guideline Range with Booker/18 U.S.C. § 3553 Above Guideline Range with Booker/18 U.S.C. § 3553 consists of cases with a sentence above the guideline range with no departure indicated and that cite U.S. v. Booker, 18 U.S.C. § 3553, or related factors as one of the reasons for sentencing outside of the guideline system. All Remaining Cases Above Guideline Range All Remaining Cases Above Guideline Range consists of cases sentenced above the guideline range that cannot be classified into any of the other three above the range categories. This category includes, for example, cases in which no reason is provided for a sentence above the guideline range. All Remaining Cases Below Guideline Range All Remaining Cases Below Guideline Range consists of cases sentenced below the guideline range that cannot be classified into any of the other three below the range categories. This category includes, for example, cases in which no reason is provided for a sentence below the guideline range. Below Guideline Range with Booker/18 U.S.C. § 3553 Below Guideline Range with Booker/18 U.S.C. § 3553 consists of cases with a sentence below the guideline range with no departure indicated and that cite U.S. v. Booker, 18 U.S.C. § 3553, or related factors as one of the reasons for sentencing outside of the guideline system. Circuit Information on judicial Circuit is generated by computer 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,”

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and “non-U.S. citizen, alien status unknown.” The latter four categories are collapsed into the category of “non-U.S. citizen.” Degree of Decrease Degree of Decrease is calculated based on the difference between the length of imprisonment (not including any months of alternative confinement as defined in USSG §5C1.1) and the guideline minimum for the following categories of below range cases: downward departure from guideline range, downward departure with Booker/18 U.S.C. § 3553, below guideline range with Booker/18 U.S.C. § 3553, all remaining cases below guideline range, USSG §5K1.1 substantial assistance cases, USSG §5K3.1 early disposition program cases, and other government sponsored cases. Life sentences and cases where the guideline minimum is zero months or life are all excluded from all degree of decrease calculations due to the logical difficulty in calculating a decrease from these values. Degree of Increase Degree of Increase is calculated based on the difference between the guideline maximum and the length of imprisonment (not including any months of alternative confinement as defined in USSG §5C1.1) for the following categories of above range cases: upward departure from guideline range, upward departure with Booker/18 U.S.C. § 3553, above guideline range with Booker/18 U.S.C. § 3553, all remaining cases above guideline range. Life sentences, sentences of probation, and cases where the guideline minimum is life are all excluded from all degree of increase calculations due to the logical difficulty in calculating an increase from these values. 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 rate table: Judgment and Commitment Order (J&C), Presentence Report (PSR), Statement of Reasons (SOR), Indictment/Information (Ind), and Plea Agreements (Plea). The J&C and PSR generally are submitted in a standardized format. PSRs waived by the court are indicated in a separate column. Standardized forms for the Statement of Reasons are most frequently submitted; however, transcripts or partial 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 Agreement totals. The total requested documents received column is derived from adding the total number of received documents from the Judgment and Commitment Order (J&C), Presentence Report (PSR), Statement of Reasons (SOR), Indictment/Information (Ind), and Plea Agreements (Plea). The total requested documents not received column is derived from adding the total number of not received documents from the Judgment and Commitment Order (J&C), Presentence Report (PSR), Statement of Reasons (SOR), Indictment/Information (Ind), and Plea Agreements (Plea). Cases where the PSR is waived, there is no written plea agreement/trial, and where the Commission was unable to definitively determine whether the offender’s guilty plea was entered pursuant to a written plea agreement are all excluded from the calculations for the total received documents column. Downward Departure From Guideline Range Downward Departure From Guideline Range consists of cases with departures below the guideline range that do not cite as a reason either U.S. v. Booker, 18 U.S.C. § 3553, or factors or reasons specifically prohibited in the provisions, policy statements, or commentary of the federal guidelines manual. Downward Departures with Booker/18 U.S.C. § 3553 Downward Departures with Booker/18 U.S.C. § 3553 consists of cases with a sentence below the guideline range that include both a departure (see Downward Departure From Guideline Range) as well as a sentence outside the guideline system mentioning either U.S. v. Booker, 18 U.S.C. § 3553, or related factors as a reason for sentencing below the guideline range.

A-3

Drug Offense Guideline Drug Offense Guideline information is obtained from the Presentence Report and is based on the guidelines in USSG Chapter Two, Part D. The six guidelines featured in the tables (USSG §2D1.1, §2D1.2, §2D1.5, §2D1.6, §2D1.8, and §2D2.1) represent the vast majority of drug cases. Drug Type Information on 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 a title 21 U.S. Code offense 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 Marijuana includes Hashish and Hashish oil. The category Methamphetamine includes pure (actual) methamphetamine, “ICE,” methamphetamine mixture, and methamphetamine precursors sentenced under any drug guideline other than USSG §2D1.11 (for example ephedrine and pseudoephedrine). The category Listed Chemicals includes any chemicals listed under USSG §2D1.11. All drug types not listed separately in this report are collapsed into the “other” drug category. Gender Gender of the defendant is obtained from the Presentence Report. Government Sponsored Below Range Government sponsorship of a below range sentence is determined by a yearly case review by USSC staff of both the reasons for the below range sentence and the coding by USSC staff of any indication of government sponsorship as indicated on the Statement of Reasons for below range cases. The SOR form has specific check-boxes 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. All cases in which a reason for a sentence below the range was substantial assistance (USSG §5K1.1) or Early Disposition Program (USSG §5K3.1) were attributed to the government. Additionally, all cases with one or more of the following reasons were classified as being sponsored by the government unless the court indicated on the SOR that the government opposed the motion: pursuant to a plea agreement (binding, non-binding, or unknown), fast track, savings to the government, early plea, deportation, 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. Note that because the USSC reviews the reasons on a yearly basis, this list might be modified slightly from year to year. Guideline Offenders Sentenced Each Guideline Offender Sentenced or case, as recorded by the USSC, involves a single sentencing event for a single offender. Multiple counts, and even multiple indictments, are considered a single sentencing event if sentenced at the same time by the same judge. A single offender may appear in more than one case if involved in more than one sentencing event during the fiscal year. Co-offenders in the same sentencing will each appear as separate cases. 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. Outside of the Range Attribution Categories All categories replicate the list of checkboxes available on the 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. USSC uses these checkboxes in determining government sponsorship: all cases in

A-4

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 sponsored categories. Additionally, other types of SOR forms may indicate sponsorship in writing, and these attributions are also included in the appropriate category. Primary Offense Category Information on Primary Offense Category is obtained from the Judgment and Commitment Order. The “primary” offense for the case is determined to be the offense applicable to the count of conviction with the highest statutory maximum. If two or more counts are found to have the same statutory maximum, “primary” offense is selected according to which count of conviction has the highest statutory minimum. Finally, in the event of a small number of cases still tied, the offense type that best represented the nature of the criminal behavior is chosen. For convenience in analysis, a summary variable describing “primary offense category” is derived. This is generated by grouping similar primary offenses into a smaller set of categories. Note that the primary offense categories differ between the individual and organizational offender datafiles. Listed below are the offense types that are grouped into each of the primary offense categories used in the individual datafile tables for this report: Murder includes first degree murder, felony with death resulting, second degree murder, and conspiracy to murder (with death resulting). Manslaughter includes both involuntary and voluntary manslaughter. Kidnapping/Hostage Taking includes ransom taking and hostage/kidnapping. Sexual Abuse includes sexual abuse of a minor, transportation of minor for sex, sexual abuse of a ward, criminal sexual abuse, and abusive sexual contact. Assault includes attempt to commit murder, assault with intent to murder, threatening communication, aggravated assault, conspiracy with attempt to murder, obstructing or impeding officers, minor assault, and conspiracy that includes assault with attempt to murder. Robbery includes bank robbery, aggravated bank robbery, Hobbs Act robbery, mail robbery, other robbery, and carjacking. Arson also includes damage by explosives. Drugs - Trafficking includes drug distribution/manufacture, 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, and establish/rent drug operation. Drugs - Communication Facility includes use of a communication facility in a drug trafficking offense. Drugs - Simple Possession includes distribution of a small amount of marijuana and simple possession. Firearms includes unlawful possession/transportation of 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; and use of firearms or ammunition during crime.

A-5

Burglary/Breaking & Entering includes post office burglary, burglary of DEA premises (pharmacy), burglary of other structure, bank burglary, and burglary of a residence. Auto Theft includes auto theft (including parts), receipt/possession of stolen auto or parts, and altered identification numbers/trafficking in altered (auto). Larceny includes bank larceny, theft from benefit plans, other theft – mail/post office, receipt/possession of stolen property (not auto), other theft – property, larceny/theftmail/post office, larceny/theft – property (not auto), and theft from labor union. Fraud includes odometer laws and regulations, insider trading, and fraud and deceit. Embezzlement includes embezzlement – property, embezzlement from labor unions, embezzlement – mail/post office, embezzlement from benefit plans, and bank embezzlement. Forgery/Counterfeiting includes counterfeit bearer obligations and forgery/counterfeit (non-bearer obligations). Bribery includes payment to obtain office, bribe involving officials, bribery – bank loan/commercial, loan or gratuity to bank examiner, etc., gratuity involving officials, and bribe or gratuity affecting employee plan. Tax includes receipt/trafficking in smuggled property, aid, etc., in tax fraud; fraud – tax returns, statements, etc.; fraud, false statement – perjury; failure to file or pay; tax evasion; evading import duties (smuggling); failure to collect or account for taxes; regulatory offenses – taxes; failure to deposit taxes in trust account; non-payment of taxes; conspiracy to avoid taxes; and offenses relating to withholding statements. Money Laundering includes laundering of monetary instruments, monetary transaction from unlawful activity, failure to file currency report, and failure to report monetary transactions. Racketeering/Extortion includes extortionate extension of credit, blackmail, extortion by force or threat, Hobbs Act extortion, travel in aid of racketeering, crime relating to racketeering, and violent crimes in aid of racketeering. Gambling/Lottery includes engaging in a gambling business, transmission of wagering information, obstruction to facilitate gambling, and interstate transportation of wagering paraphernalia. Civil 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. Immigration includes trafficking in U.S. passports; trafficking in entry documents; failure to surrender naturalization certificate; fraudulently acquiring U.S. passports; smuggling, etc.; unlawful alien; fraudulently acquiring entry documents; and unlawfully entering the U.S. Pornography/Prostitution includes dealing in obscene matter, transportation of minor for prostitution, transportation for prostitution/sex (adult), sexual exploitation of minors, materials involving sexual exploitation of minors, obscene telephone or broadcasting, and selling or buying children for pornography. This primary offense category was

A-6

discontinued in fiscal year 2010. Some of the offenses that were grouped into this primary offense category in prior fiscal years are grouped into the Child Pornography primary offense type. All other offenses that were grouped into this primary offense category in prior fiscal years are included in the Other Miscellaneous Offenses primary offense category. Child Pornography includes the sale, distribution, transportation, shipment, receipt, or possession of materials involving the sexual exploitation of minors. This primary offense category was created in fiscal year 2010. Prison Offenses includes contraband in prisons, riots in federal facilities, and escape. Administration of Justice Offenses includes commission of offense while on release, bribery of a witness, failure to appear by offender, contempt, failure to appear by material witness, obstruction of justice, payment of witness, perjury or subornation of perjury, misprision of a felony, and accessory after the fact. Environmental/Wildlife includes waste discharge, specially protected fish, wildlife, and plants (waste discharge is presented as a separate offense category in Tables 51 and 52). National Defense includes evasion of export controls and exportation of arms, etc., without license. Antitrust includes bid-rigging, price-fixing, and market allocation agreement. Food & Drug includes false information or tampering with products, tampering to injure business, tampering with risk of death or injury, and violation of regulations involving food, drugs, etc. Other Miscellaneous Offenses includes illegal use of regulatory number – drugs; illegal transfer of drugs; illegal regulatory number to get drugs; drug paraphernalia; forgery/fraud for drugs; dangerous devices to protect drugs; manufacture drugs against quota; endangering life while manufacturing drugs; operate carrier under drugs; endangerment from hazardous/toxic substances; mishandling substances, records, etc.; threat of tampering with public water system; hazardous devices on federal lands; mishandling other pollutants, records, etc.; improper storage of explosives; recordkeeping violation – explosives; possession of other weapon – on aircraft, in federal facility; failure to report theft of explosives; feloniously mailing injurious articles; transport of hazardous material in commerce; interference with flight crew, other offense – aboard aircraft; criminal infringement of copyright/trademark; conflict of interest; unauthorized payment; non-drug forfeiture; impersonation; false statement to Employee Act; reporting offenses – labor related; criminal infringement of trademark; unlawful conduct relating to control/cigarettes; trespass; destruction of property; destruction of mail; aircraft piracy; conspiracy to murder (no death, assault, or attempt); conspiracy to commit murder; and all other miscellaneous offenses not previously listed in any of the other categories. 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 indicate 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 category includes offenders of Native American, Alaskan Native, Asian or Pacific Islander, Multiracial, and “Other” origin.

A-7

Sentence Length Sentence Length reports the mean and median terms of the sentence imposed in months. This information is obtained from the Judgment and Commitment Order. Sentence lengths expressed in days are rounded to the nearest month. Probation sentences are included as zero months. Any portion of a sentence which 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. However, sentences in cases where the court imposed a sentence of time served but did not report the amount of time that was served are included as zero months. 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. Also, sentences of greater than 470 months are also reported as 470 months for some analyses. The footnote in the relevant tables and figures indicates when this occurs. Type of Guideline Sentence Imposed Using sentencing information obtained from the Judgment and Commitment Order, the Total Receiving Prison column includes the number of offenders sentenced (and percent of Total Cases) who received a commitment to the Bureau of Prisons. This column is the sum of cases in Prison and the Prison/Community Split Sentence categories. The Prison category includes offenders sentenced to a term of imprisonment only, with no additional conditions of community confinement, home detention or intermittent confinement. The Prison/Community Split Sentence 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 Total Receiving Probation column 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 column also represents the total of the Probation Only and Probation and Confinement categories. The Probation Only column includes the number of offenders who received a term of probation without a condition of community confinement, intermittent confinement, or home detention. Probation and Confinement includes the number of offenders who received a term of probation with a condition of community confinement, intermittent confinement, or home detention. Upward Departure From Guideline Range Upward Departure From Guideline Range consists of cases with departures above the guideline range which do not cite as a reason either U.S. v. Booker, 18 U.S.C. § 3553, or factors or reasons specifically prohibited in the provisions, policy statements, or commentary of the federal guidelines manual.

A-8

Upward Departure with Booker/18 U.S.C. § 3553 Upward Departure with Booker/18 U.S.C. § 3553 consists of cases with a sentence above the guideline range that includes both a departure (see Upward Departure From Guideline Range) as well as a sentence outside the guideline system mentioning either U.S. v. Booker, 18 U.S.C. § 3553, or related factors as a reason for sentencing above the guideline system. 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 defendant was sentenced.

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