U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Special Report

Federal Drug Offenders, 1999
with Trends 1984-99


August 2001, NCJ 187285


--------------------------------------------------------
This file is text only without graphics and many of the 
tables.  A Zip archive of the tables in this report in
spreadsheet format (.wk1) and the full report including
tables and graphics in .pdf format are available from:
http://www.ojp.usdoj.gov/bjs/abstract/fdo99.htm
--------------------------------------------------------


By John Scalia
BJS Statistician


--------------------------------------------------------
Highlights

*  Between 1984 and 1999, the number of
defendants charged with a drug offense in
the Federal courts increased from 11,854
to 29,306.

*  Of the 38,288 suspects referred to U.S.
attorneys during 1999, 31% were involved
with marijuana; 28%, cocaine powder;
15%, crack cocaine; 15%, methamphetamine; 
7%, opiates; and 3%, other drugs.

*  65% of those charged during 1999 had
previously been arrested; 28% had 5 or
more prior arrests.  Half of those charged
had previously been convicted; a third of
a felony.

*  62% of convicted drug defendants were
subject to a statutory minimum prison
term: 29%, 60 months or less; 30%, 61 to
120 months; and 3%, 121 months or more
(including life).

*  Between 1986 and 1999, prison terms
imposed increased from 62 months, on
average, to 74 months.  Time to be served
in prison increased from 30 months to 66
months.

*  Drug offenders involved with crack
cocaine (114 months), possessing a
firearm (133 months), or with extensive
prior records (125 months) received the
longest prison terms, on average, during
1999.

*  28% of convicted drug defendants
received a reduced sentence for providing
substantial assistance to prosecutors.

*  16% of incarcerated drug offenders
reported being an importer, grower, or
manufacturer of illicit drugs; 25%
reported that they distributed drugs to
street-level dealers.
---------------------------------------------------

During 1999 U.S. attorneys evaluated for
prosecution 38,288 persons referred by
Federal law enforcement agencies and
who were suspected of drug offenses. 
Thirty-one percent of these suspects 
were involved with marijuana; 28%, with
cocaine powder; 15%, crack cocaine;
15%, methamphetamine; 7%, opiates;
and 3%, other drugs.

About 84% of the suspects referred to
U.S. attorneys for possible drug offenses
were subsequently charged in U.S. district
courts.  Of those subsequently charged
with a drug offense, 13% were also
charged with a nondrug offense such as a
firearm offense (8%), money laundering
(3%), or racketeering (1%).

Between 1984 and 1999, the number of
defendants annually charged with a drug
offense in Federal courts increased from
11,854 to 29,306.***Footnote 1: The
increase describes defendants for whom
the drug offense was the most serious
offense charged.  For some defendants,
the drug offenses may have been a
lesser included offense.***  Additionally, 
between 1984 and 1999 drug offenses 
comprised an increased proportion of the 
Federal criminal caseload.  During 1984, 
18% of referrals to U.S. attorneys were 
drug-related compared to 32% during 1999.

Changes in Federal law during the 1980's
and 1990's have had a substantial effect
on the processing of offenders convicted
in Federal courts -- particularly drug
offenders.  All Federal offenders
sentenced to a term of imprisonment are
required to serve at least 87% of the
sentence imposed, and many drug offenders 
are subject to statutory minimum terms of 
imprisonment based on the type and quantity 
of the drug involved.

During this period of legislative change,
the proportion of drug defendants sentenced 
to a term of imprisonment increased from 
72% during 1984 to 89% during 1999.  Nearly 
two-thirds of those sentenced during 1999 
were subject to a statutory minimum prison 
term.  Additionally, sentences imposed on 
drug offenders increased from 62 months, on
average, during 1986 to 74 months during
1999.  The proportion of the sentence that
drug offenders entering Federal prison
could expect to serve increased from 48%
to 87%.

As part of the 1997 BJS Survey of Federal
Prison Inmates, many drug offenders
reported that they had had a substantial
role in the drug conspiracy for which 
they were convicted. Of those incarcerated
drug offenders, 16% reported that they
were either an importer or a manufacturer
of illicit drugs.  An additional 25% 
reported that they were responsible for 
distributing drugs to street-level drug 
dealers. Inmates who reported being involved 
with opiates, cocaine, and marijuana were 
the most likely to be an importer or 
manufacturer: those involved with 
methamphetamine, manufacturing; and those 
involved with crack cocaine, distributing 
to street-level drug dealers.

Referrals to U.S. attorneys

During 1999, 38,288 persons suspected
of possible drug offenses were referred 
to U.S. attorneys by Federal law enforcement 
agencies for prosecution.***Footnote 2: For
36,765 suspects, the drug offense was the
most serious offense investigated.*** 
Most of these suspects were investigated
for drug trafficking offenses, 2% for simple
possession, and less than 1% for other
drug offenses.

Of those investigated for drug trafficking
offenses, 72% were investigated for a
general drug trafficking or importation
offense; 25%, for participating in a drug
trafficking conspiracy; 1%, for establishing
or operating a drug manufacturing operation; 
1%, for trafficking drugs to persons under 
21 or to pregnant women or near schools or 
playgrounds; and less than 1%, with a 
continuing criminal enterprise offense.

Seventy-two percent of drug-related
referrals to U.S. attorneys involved just
one suspect; 23% involved 2 to 4; and 5%
involved 5 or more.  Investigations
involving continuing criminal enterprise
and manufacturing offenses were the
most likely to name multiple suspects. 
Almost three-quarters of continuing
criminal enterprise investigations and 63%
of manufacturing investigations named
multiple suspects.  Investigations involving
simple possession offenses were the least
likely to involve multiple suspects: 96%
named just one person.

Referrals made to U.S. attorneys in 11 of
the 94 Federal judicial districts during
1999 represented 43% of all drug-related
referrals from Federal law enforcement
agencies.  In each of these 11 districts
800 or more suspects investigated were
referred to U.S. attorneys.  The U.S.
attorneys in the Western District of Texas
(2,887) and Southern District of California
(2,525) received the most referrals during
1999.  By contrast, U.S. attorneys in 32
districts each received referrals on fewer
than 200 suspects during 1999; referrals
to these 32 districts represented 10% of
all drug-related referrals.

Type of drug involved

Thirty-one percent of drug suspects
investigated were involved with marijuana;
28%, with cocaine powder; 15%, crack
cocaine; 15%, methamphetamine; 7%,
opiates; and 3%, other drugs.  Of those
suspects investigated for a continuing
criminal enterprise offense, most (60%)
were involved with cocaine powder. 
Those investigated for a manufacturing
offense were most likely to be involved
with methamphetamine (41%) or crack
cocaine (23%); trafficking near protected
locations, crack cocaine (43%); and
simple possession, marijuana (60%).

Prosecutorial decisions

During 1999, U.S. attorneys chose to
prosecute 84% of suspects referred for
drug offenses.***Footnote 3: Prosecution  
rate based on all persons referred for a
drug offense (38,288).  Suspects initially
investigated for a drug offense may have
been subsequently charged with a nondrug
offense.***  Few (1%) of those suspects 
investigated for operating a manufacturing 
operation or trafficking near protected 
locations were subsequently declined for 
prosecution by U.S. attorneys.  Matters 
involving suspects investigated solely for 
being part of a drug conspiracy were among 
those most likely to be declined.

Prosecution rates also varied according to
the type of drug involved in the offense. 
Suspects involved with opiates and
marijuana were among those most likely
to be charged.  U.S. attorneys declined to
prosecute less than 10% of suspects involved 
with opiates or marijuana. Suspects involved 
with hallucinogens were among the least 
likely to be charged -- more than 20% were 
declined for prosecution. 

Drug defendants prosecuted in 
Federal courts

During 1999, 30,099 defendants were
charged with a drug offense in U.S.
district courts -- alone or in tandem with 
other offenses.***Footnote 4: For 29,306 
defendants the drug offense was the most 
serious offense charged.***  Thirteen 
percent of those charged were also charged 
with a non-drug offense.  Drug offenses 
were most often charged in tandem with a
firearm offense.  Of those drug defendants
charged with two or more offenses, 57%
were charged with a firearm offense, 19%
with a money laundering offense, 11%
with racketeering, and the remainder with
other offenses (not shown in a table).

More than a third of defendants charged
with a continuing criminal enterprise
offense were charged with two or more
offenses.  

---------------------------------------
Federal sentencing law in 
transition

During the 1980's and 1990's changes in
Federal criminal law and policy had a
substantial effect on the processing of
Federal offenders -- particularly drug
offenders.  Prior to the implementation 
of the Sentencing Reform Act of 1984 (SRA)
on November 1, 1987, Federal judges had
few constraints when imposing criminal
sentences.  The U.S. Parole Commission
made release decisions.  Offenders
became eligible for release after serving 
a portion of the prison sentence imposed.

The adoption of the SRA resulted in
several changes to Federal sentencing
law: (1) abolished parole for Federal
offenders, (2) limited the amount of 
good conduct time offenders could earn 
to a maximum of 54 days per year served;
(3) required offenders to serve a term 
of "supervised release" upon release from 
prison; and (4) required the development, 
promulgation, and adoption of sentencing 
guidelines that would structure the 
sentencing decisions of Federal judges.  

Pursuant to the SRA, offenders convicted
of similar offenses receive similar
sentences and sentence severity varies
proportionately with the severity of the
offense conduct. Federal offenders are
required to serve at least 87% of the 
sentence imposed before being eligible 
for release. 

In addition to the general reform of the
Federal sentencing process, several laws
-- beginning with the Comprehensive
Crime Control Act of 1984 -- were enacted
that required offenders be sentenced to a
minimum term of imprisonment.  These
"mandatory minimum" prison terms
applied primarily to drug and firearm
offenses.  These laws include --

*  the Comprehensive Crime Control Act
of 1984, which established a 5-year
minimum sentence for defendants using a
firearm during the commission of a violent
or drug trafficking offense and a 1-year
minimum sentence for defendants convicted 
of selling drugs near schools or
playgrounds.

*  the Anti-Drug Abuse Act of 1986 which
established 5-, 10-, and 20-year minimum
sentences for defendants convicted of
drug trafficking offenses.  These minimum
penalties were tied to the type and
amount of drugs involved in the offense
and the offender's criminal history. 
Additionally, the 1986 act established 
a 1-year minimum sentence of defendants
convicted of selling drugs to persons
under the age of 21 or pregnant women,
or for employing for drug-related activity
persons under age 18. 

*  the Anti-Drug Abuse Act of 1988, which
established a 5-year minimum sentence
for simple possession of 5 or more grams
of crack cocaine and a 20-year minimum
sentence for defendants engaged in a
continuing criminal enterprise with the
possibility of life in prison if the 
quantity of drugs was large enough or 
death if the defendant effected the death 
of another. This act also extended the 
minimum sentences established in 1986 to 
drug conspiracies.

The Violent Crime and Law Enforcement
Act of 1994 exempted certain first-time,
nonviolent drug offenders from otherwise
applicable statutory minimum penalties. 
To be eligible for this exemption,
offenders (1) must be a first-time offender
or have a limited criminal history, (2) 
could not have used violence, possessed a
weapon, or caused the death or serious
injury of another during the current
offense, (3) could not have organized or
supervised the activities of others, and 
(4) must have provided truthful information
and evidence to the government concerning 
the offense.  In addition, this act provided 
the opportunity for early release -- up to 
1 year -- nonviolent drug offenders who 
completed a drug treatment program while 
incarcerated.
---------------------------------------------

While firearm offenses were most often
charged, these defendants were more
frequently charged with violent and money
laundering offenses than other drug
defendants.  Of those drug defendants
charged with two or more offenses, 28%
were charged with a violent offense and
23% with a money laundering offense (not
shown in a table).

More than a quarter of defendants charged 
with drug possession were charged with an 
additional offense.  Most often these 
defendants were charged with a traffic 
violation (not shown in a table).

Characteristics of defendants charged
with a Federal drug offense

Almost half (46%) of those charged with a
drug offense were identified as Hispanic;
28%, black; 25%, white; and 2%, other
racial or ethnic groups.

About 40% of defendants charged with a
drug offense lived in the community in
which they were arrested for less than 
1 year or they were transiting the area; 
22% lived in the community for 1 to 5 
years; and 38%, more than 5 years.

About two-thirds (65%) of defendants
charged with a drug offense in U.S. 
district courts had previously been 
arrested.  

Nearly 8 in 10 Federal drug offenders with
a prior arrest had been arrested on at
least 2 occassions; more than 4 in 10 had
been arrested 5 or more times.

                      Percent of
Number of             those with a
prior arrests         prior arrest
        1                  21%
        2-4                35%
        5 or more          44%
 
-------------------------------------------
Federal drug offenses

Title 21 of the Federal criminal code
defines several offenses for which drug
offenders can be prosecuted in Federal
courts:

*  continuing criminal enterprise offenses,
which involve the trafficking of illicit 
drugs by a person (the defendant) in concert
with 5 or more other persons (21 U.S.C. sec. 
848).  In these offenses, the defendant is 
responsible for organizing or managing the 
drug conspiracy and receives substantial 
income or other resources from the conspiracy.

*  manufacturing offenses, which involve
the operation of places for the purposes of
manufacturing, distributing, or using an
illicit drug (21 U.S.C. sec. 856) or
endangering human life while illegally
manufacturing an illicit drug (21 U.S.C.
sec. 858).

*  protected location offenses, which
involve the distribution of illicit drugs 
to persons under age 21 (21 U.S.C. sec.
859); the distribution or manufacture of
drug within 1,000 feet of a school, college,
public housing complex, or playground or
within 100 feet of a youth center, public
swimming pool, or a video arcade facility
(21 U.S.C. sec. 860); and the employment
of persons under age 18 to distribute 
illicit drugs or otherwise participate in 
a drug conspiracy or distribution to 
pregnant women (21 U.S.C. sec. 861). 

*  general drug trafficking offenses, which
involve the manufacture, distribution, or
possession with the intent to distribute
illicit drugs (21 U.S.C. sec. 841) or the
importation of illicit drugs (21 U.S.C. sec.
960).

*  conspiracy offenses, which involve
attempts and the promotion or facilitation
of the manufacture, distribution, or
importation of illicit drugs (21 U.S.C. secs.
846 and 963).

*  simple possession offenses, which involve 
the possession of controlled substances 
without a valid and lawful prescription or 
order from a licensed practitioner (21 U.S.C. 
sec. 844).  In contrast to a drug trafficking 
offense, a defendant charged with simple
possession does not intend to distribute
the illicit drug.

*  other drug offenses include (1) the
unlawful acquisition or distribution by a
person registered to distribute controlled
substances (21 U.S.C. secs. 842-843), (2)
the investment of illicit drug profits in 
the establishment or operation of a business
affecting interstate commerce, including
the purchase of securities (21 U.S.C. sec.
854), (3) the sale, importation, or mailing
of drug paraphernalia -- equipment designed 
for the illicit manufacture of use of 
controlled substances -- (21 U.S.C. sec.963), 
and (4) the transshipment of controlled 
substances (21 U.S.C. secs.954 and 961).
------------------------------------------

About half of those charged had previously 
been convicted.  Of those drug defendants 
with a prior conviction, two-thirds had been 
convicted of a felony offense:  32%, of a 
drug offense; 26%, of a violent offense; and 
9%, of other felony offenses.  About a third 
of those charged were under criminal justice 
supervision at the time of the arrest. 

Black defendants were the most likely 
to have a criminal history.  Seventy 
percent of black defendants compared to
60% of whites and 35% of Hispanics had
previously been convicted.  Additionally, 
black defendants had more extensive criminal 
histories than whites or Hispanics.  Of 
those defendants with a prior conviction, 
34% of blacks had been convicted 5 or more 
times compared to 26.4% of whites and 14.2% 
of Hispanics. 

About a quarter of defendants charged were 
identified as noncitizens.  Two-thirds
of noncitizens charged with a drug offense
were prosecuted in 8 of the 94 Federal
judicial districts: Western Texas (17%),
Southern Texas (12%), Arizona (12%),
Southern California (8%), Eastern New
York (6%), Southern Florida (5%), and
Central California (3%) (not shown in a
table).

---------------------------------------------
Federal drug prosecution trends

Between 1984 and 1999, the number of
defendants charged with a drug offense in
U.S. district courts increased about 3%
annually, on average, from 11,854 to
29,306.  The increase, however, was not
constant.  Between 1992 and 1994, the
number of defendants charged decreased
19% from 25,033 to 20,275 before
increasing to the level attained during
1992.  The decline in the number of drug
defendants prosecuted was at least
partially attributable to a decrease in
referrals to U.S. attorneys during this
period.  Between 1992 and 1994, the
number of suspects referred to U.S.
attorneys for possible drug offenses
decreased 24% from 36,457 to 27,697.

Additionally, between 1984 and 1999 drug
offenses comprised an increased proportion 
of the Federal criminal caseload.  During 
1984, 18% of referrals to U.S. attorneys 
were drug-related compared to 32% during 
1999.

Changes in Federal sentencing law during
the 1980's and 1990's had a substantial
effect on the sentencing of Federal
offenders, particularly those charged with
drug offenses.  Prior to enactment of
legislation establishing statutory minimum
sentences for many drug offenders during
1986 and 1988 and implementation of the
Sentencing Reform Act during 1987,
about three-quarters of convicted drug
offenders received a prison sentence. 
Half of drug offenders entering Federal
prison during 1986 had received a prison
sentence of 36 months or less.

The median time to be served for those
entering prison during 1986 was about 24
months.

By 1994, Federal sentencing practices
had changed considerably.  The
incarceration rate for convicted drug
offenders had increased to 89%.  During
1999, half of drug offenders entering
Federal prison had received a prison
sentence of 51 months or less.  The 
median time to be served for those entering 
Federal prison during 1999 was 41 months.

As a result of increased prosecutions and
longer time served in prison, the number
of drug offenders in Federal prisons
increased more than 12% annually, on
average, from 14,976 during 1986 to
68,360 during 1999.
---------------------------------------

Drug defendants adjudicated 
in Federal courts

During 1999 criminal cases involving
28,432 defendants charged with a drug
offense were concluded in U.S. district
courts; 89% of defendants charged were
convicted.  Almost all (95%) of those
convicted pleaded guilty to at least one 
of the offenses charged.

Almost two-thirds of those adjudicated
were represented by publicly-provided
counsel -- 42% by a court-appointed
attorney, 23% by a Federal public defender, 
and less than 1% by a community defender 
organization operating in the judicial 
district.  About a third were represented 
by privately-retained counsel and less than
1% by themselves.

About 60% of drug defendants adjudicated 
were detained between arrest and adjudication.  
Of those defendants released prior to 
adjudication, about half were released on 
their own recognizance; a quarter after 
posting bail; 19%, on an unsecured bond; and 
4%, under restrictive conditions imposed by 
the court.

More than a quarter of defendants released 
pending adjudication violated the conditions 
of their release.  Of the violators, 
about two-thirds committed a technical 
violation of the release conditions 
imposed such as testing positive for 
illicit drug use; 16% committed a new 
offense; and 13% failed to make scheduled 
court appearances.

Sentences imposed

Nearly 9 in 10 of those convicted of a 
drug offense received a sentence that
included imprisonment, 8% were sentenced 
to a term of probation, and 3% received
another type of sentence such as a fine. 
The average prison term imposed during
1999 was 74 months.

Defendants convicted of continuing
criminal enterprise offenses were among
the most likely to be sentenced to prison
(93%) and received the longest average
prison terms (233 months not including
sentences to life prisonment).  Defendants
convicted of a drug possession offense
were among the least likely to be
sentenced to prison (22%) and received
the shortest average prison terms (16
months).

Determinants of sentences 
imposed

Pursuant to the Federal sentencing
guidelines, many factors contribute to the
sentence that an individual may receive
upon conviction.  For drug offenders these
factors include:

*  the type and quantity of drug 
involved,
*  whether the offense involved injury 
to another,
*  whether a weapon was used or
possessed, and
*  the defendant's criminal history.

Additionally the Federal criminal code
requires minimum terms of imprisonment
to be imposed based on the type and
quantity of drugs involved (21 U.S.C. sec.
841 and 960), if the offenses occurred
near special protected areas such as
schools or playgrounds (21 U.S.C. sec.
860), involved specially protected
individuals such as pregnant women or
juveniles (21 U.S.C. secs. 859 and 861), 
or involved the possession or use of a 
firearm (18 U.S.C. sec. 924(c) or (e)).  
During 1999, 62% of defendants convicted 
of a drug offense were subject to a mandatory 
minimum term of imprisonment.

Type of drug.  Almost a third of defendants 
convicted of a drug offense in Federal courts 
were involved with marijuana; 22%, with 
cocaine powder; 22%, crack cocaine; 13%,
methamphetamine; and 13%, all other drugs.

Statutorily and pursuant to the Federal
sentencing guidelines, different penalties
are prescribed for offenses involving
different drugs.  Apart from other factors
influencing the sentence to be imposed,
offenses involving crack cocaine and
methamphetamine resulted in the longest
imposed prison terms, on average. 
Defendants involved with crack cocaine
were sentenced to 114 months, on
average; those involved with methamphetamine, 
87 months.  By contrast, those involved 
with marijuana received the shortest 
sentences, on average -- 34 months.

Statutory minimum penalties.  During
1999, 62% of defendants convicted of a
drug offense were subject to a statutorily
prescribed minimum sentence: 29% to a
term of 60 months or less; 30%, 61 to 120
months; and 3%, 121 months or more,
including life imprisonment.  Defendants
subject to a mandatory sentence received
longer prison sentences, on average, than
other defendants.

Defendants subject to a minimum sentence 
of 60 months or less received prison 
sentences of 59 months, on average. Those 
subject to a minimum sentence of 61 to 120 
months, 117 months; and 121 months or more
(excluding life imprisonment), 212 months. 
Defendants not subject to a minimum
sentence received prison sentences of 31
months, on average.

Possession or use of a weapon. 
Pursuant to both the Federal criminal
code and the Federal sentencing
guidelines, imposed sentences may be
enhanced if the defendant possessed 
or used a weapon during the commission
of the offense.  During 1999, 12% of
convicted drug defendants received 
a sentence enhancement for the use or
possession of a firearm or other weapon. 
Most (80%) received the enhancement
prescribed by the sentencing guidelines. 
An additional 20% received the
enhancement pre-scribed by statute for
use or possession during a crime (18
U.S.C. sec. 924(c)) or as a prohibited 
person possessing a firearm (18 U.S.C. 
sec. 924(e)).

Sentence enhancements for weapon use
vary considerably, depending on whether
the enhancement was imposed pursuant
to the Federal sentencing guidelines or
statute.   During 1999 defendants who
received a guideline-based enhancement
received an average prison sentence of
122 months.  Those who received a
statute-based enhancement received an
average prison sentence of 184 months. 
By contrast, defendants who did not
receive an enhancement for weapon use
received an average prison sentence 
of 64 months. 

Criminal history.  In addition to
offense-specific sentencing factors, the
Federal sentencing guidelines base
sentences on the defendant's prior record. 
Longer sentences are prescribed for
defendants with more extensive criminal
histories.  For example, the sentencing
range for defendants with 2 prior
sentences of more than 1 year would be
approximately 25% higher than that of a
first-time offender.  The sentencing range 
for a defendant with 5 prior sentences 
of more than 1 year would be twice that of
a first-time offender.

Almost half of drug defendants convicted
during 1999 had no prior convictions; 19%
had been convicted 1 time; 26%, 2 to 4 times; 
and 9%, 5 or more times. Almost all drug 
defendants received a sentence to imprisonment, 
so that the imprisonment rate increased 
marginally with the  additional number of 
prior convictions. During 1999, 92% of 
first-time offenders were sentenced to prison
compared to 94% of those with 1 prior,
97% of those with 2 to 4 priors, and 99%
of those with 5 or more priors.

Average prison terms imposed also increased 
as the number of prior convictions increased.  
First-time offenders received prison sentences 
of 49 months, on average; those with 1 prior, 
70 months; 2 to 4 priors, 94 months; and 5 or
more priors, 125 months.

Departures from the Federal 
sentencing guidelines

U.S. district courts may impose a sentence 
above or below the sentencing range established 
by the Federal sentencing guidelines if the 
circumstances of a particular case were not 
adequately addressed by the guidelines. 
Judicial departures from the guidelines are 
nonetheless required to conform to applicable 
statutory minimums and maximums.  Upon the 
motion of the U.S. attorney, a district court 
may impose a sentence below the applicable 
guideline sentencing range and below the 
applicable statutory minimum if the defendant 
provided "substantial assistance" to the 
Government in the investigation or prosecution 
of another (U.S.S.G. sec. 5K1.1 and 18 U.S.C.
3553(e)).

During 1999, 44% of drug defendants convicted 
in U.S. district courts received a sentence that 
was outside the applicable guideline sentencing 
range.  Almost all (99.6%) of those sentenced 
outside of the guideline range received a 
downward departure.

About two-thirds received a downward departure 
for substantial assistance to the Government; 
another third received a downward departure 
for other reasons such as negotiated plea 
agreements, general mitigating circumstances, 
and criminal history.

Defendants sentenced within the guideline
range received prison sentence of 85 months, 
on average.  By comparison, the average prison 
sentence imposed on defendants sentenced 
below the guideline range was 50 months.  
The average prison term for those sentenced 
above the guideline range was 133 months.

Limited exemptions from mandatory
minimum sentences

The Violent Crime Control and Law Enforcement 
Act of 1994 exempted many first-time, nonviolent 
drug offenders from any applicable mandatory 
minimum penalties (18 U.S.C. 3553(f)) (See 
page 4, Federal sentencing law in transition.) 
During 1999, 21% of convicted drug defendants 
received a reduced sentence as a result of 
this exemption.  The average prison term received 
by these defendants was 48 months.  Fifty-five
percent of defendants eligible for the exemption 
would have otherwise been subject to a statutory 
minimum sentence of 60 months or less; 45%, 
61 to 120 months; and less than 1%, 121 months 
or more (not shown in table).

Drug defendants under Federal
correctional supervision

On September 30, 1999, 106,289 drug
offenders were under Federal correctional
supervision: 68,360 were incarcerated,
3,477 were on probation supervision, and
34,452 were on post-incarceration
supervision, including 2,692 under the
authority of the U.S. Parole Commission.

Survey of Federal prison inmates

Of the approximately 54,000 drug offenders 
in Federal prisons during 1997, almost two-
thirds reported that the offense of conviction 
involved cocaine: 38% cocaine powder and 24% 
crack cocaine.  Eighteen percent reported 
that the offense involved marijuana; 10%, 
methamphetamine;  8%, opiates; and the 
remainder, other drugs.

About 40% of those incarcerated during 1997 
were black; 33% Hispanic; 24%, white; and 3%, 
other racial or ethnic groups.  Hispanic inmates 
were among those most likely to report being 
involved with opiates, cocaine powder, and 
marijuana.  Black inmates most often reported 
being involved with cocaine powder and crack 
cocaine; white inmates, methamphetamine and 
marijuana.

Many offenders in Federal prisons during
1997 reported that they had a substantial
role in the drug conspiracy for which they
were convicted.  During 1997, 16% reported 
that they were either an importer or 
manufacturer, and an additional 25% reported 
that they distributed drugs to street-level
dealers.  Offenders involved with opiates,
cocaine powder, and marijuana were the
most likely to be involved with importing
drugs.  Those involved with methamphetamine 
were most likely involved with manufacturing; 
and, those involved with crack cocaine, 
distributing to street-level dealers.

The proportion of offenders reporting use
only did not vary significantly across type
of drug involved.  Though most (65%) were 
convicted of a more serious drug offense, 
about 14% of drug offenders reported that 
their role in the drug offense involved 
only use.  About a quarter reported some 
other role not described in the survey 
questionnaire. 

Methodology

The source of data for tables that describe
Federal defendants is the BJS Federal 
Justice Statistics Program (FJSP) database.  
The FJSP database is presently constructed 
from source files provided by the U.S. 
Marshals Service, the Executive Office for 
U.S. Attorneys, the Administrative Office 
of the U.S. Courts, the U.S. Sentencing 
Commission, and the Federal Bureau 
of Prisons.  The Administrative Office 
of the U.S. Courts also provides data
collected by Federal pretrial services
agencies and Federal probation agencies. 
Data tabulations, except where otherwise
indicated, were prepared by BJS or
contractor analysis of the source agency
data sets.

The source of data for tables describing
the type of drug involved and role in the
office of drug offenders incarcerated in
Federal prisons during 1997 is the BJS
Survey of Inmates in Federal Correctional
Facilities (ICPSR 2598).

As part of this survey, inmates were
interviewed about their current offense
and sentence, criminal history, social
background, weapon use, drug use and
treatment, as well as other issues.  Data
were collected from a sample of 4,041
Federal inmates selected from 135
Federal prisons to be representative of 
the 89,072 sentenced inmates held in 
facilities owned and operated by the 
Federal Bureau of Prisons on June 30, 
1997.

The accuracy of estimates derived from
the inmate survey depends on sampling
and nonsampling error.  While the extent
of nonsampling error in any survey is
unknown, estimates of the sampling error
associated with the 1997 survey of inmates 
can be derived using the formula --

Ssubx, subp = Square root of 38,776
divided by x and multipled by p times 100
minus p.

where: p is the proportion of inmates
    with a particular characteristic
    x is the estimated population
    corresponding to p

----------------------------------------
The Bureau of Justice Statistics is the
statistical agency in the U.S. Department
of Justice.  Lawrence A. Greenfeld is
acting director.

BJS Special Reports address a specific
topic in depth from one or more data sets
that cover many topics.

John Scalia wrote this report.  Urban
Institute staff, under the supervision of
Laura Winterfield, and Matthew Hickman
of BJS, provided statistical review. Tina
Dorsey produced and edited the report. 
Jayne Robinson prepared the report for
final publication.

August 2001, NCJ 187285
----------------------------------------

End of file
08/15/01 ih