MANDATORY MINIMUM 

PENALTIES 

FOR FIREARMS OFFENSES

in the 

FEDERAL CRIMINAL 

JUSTICE SYSTEM

United States Sentencing Commission

March 2018

Mandatory Minimum Penalties for Firearms Offenses

in the Federal Criminal Justice System

William H. Pryor Jr. 

Acting Chair 

Rachel E. Barkow

Commissioner

Charles R. Breyer

Commissioner

Danny C. Reeves

Commissioner

J. Patricia Wilson Smoot

Ex Officio 

Zachary C. Bolitho

Ex Officio 

Kenneth P. Cohen

Staff Director

March 2018

Table of Contents

1 Section One: Introduction

3 Section Two: Key Findings

7 Section Three: Firearms Mandatory Minimums

8	 Statutory Mandatory Minimum Provisions Applicable to Federal Firearms Offenses

8 18 U.S.C. § 924(c)

9 The Armed Career Criminal Act, 18 U.S.C. § 924(e)

11 Statutory and Guideline Relief Provisions

13 Section Four: Data Analysis

14 The Commission’s Updated Study of Firearms Mandatory Minimum Penalties

15 Recent Trends in Mandatory Minimum Penalties 

16	 Overall Prevalence of Firearms Offenses Carrying Mandatory Minimum Penalties

19 18 U.S.C. § 924(c)

	 19	 Prevalence of 18 U.S.C. § 924(c) Offenses

	 23	 Other Counts of Conviction

	 24	 Offender Demographics

	 26	 Criminal History

	 27	 Plea and Trial Rates

	 27	 Relief from Mandatory Minimum Penalties

	 31	 Sentencing of Offenders Convicted Under Section 924(c)

36 Armed Career Criminal Act, 18 U.S.C. § 924(e) 

	 36	 Prevalence of 18 U.S.C. § 924(e) Offenses

	 37	 Plea and Trial Rates

	 38	 Offender Demographics

	 39	 Criminal History

	 40	 Relief from Mandatory Minimum Penalties

	 42	 Sentencing of Armed Career Criminals

44 Impact of Firearms Mandatory Minimum Penalties on the Federal Prison Population 

45	 Federal Firearms Offender Population Overall

	 48	 Federal Firearms Offenders in the Federal Prison Population – By Race

	 52	 Federal Firearms Offenders in the Federal Prison Population – By Gender

	 56	 Federal Firearms Offenders in the Federal Prison Population – By Citizenship

 

61 Section Five: Conclusion

63 Endnotes

71 Appendices
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

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1Introduction
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 2

Introduction

This publication is the third in the 

Commission’s series on mandatory minimum 

penalties. In 2017, the Commission published 

the first two publications in its series, Overview 

of Mandatory Minimum Penalties in the 

Federal Criminal Justice System (2017 

Overview Publication)1 and Mandatory 

Minimum Penalties for Drug Offenses in the 

Federal Criminal Justice System.

2

 These 

publications built on the Commission’s 2011

Report to the Congress: Mandatory Minimum 

Penalties in the Federal Criminal Justice 

System (2011 Mandatory Minimum Report).3

The 2011 report, which was submitted pursuant 

to a congressional directive,4 provided detailed 

historical analyses of the evolution of federal 

mandatory minimum penalties, scientific 

literature on the topic, and extensive analysis 

of the Commission’s own data, public 

comment, and expert testimony. The 2017 

Overview Publication highlighted recent trends 

in the charging of offenses carrying mandatory 

minimum penalties and provided updated 

sentencing data demonstrating the impact of 

those penalties, supplementing the analysis 

presented in the 2011 Mandatory Minimum 

Report.

This publication focuses on the application 

of mandatory minimum penalties specific to 

firearms offenses,5 which are the second most 

common offenses carrying mandatory minimum 

penalties in the federal system following drug 

offenses. Firearms offenses accounted for 16.8 

percent of the offenses carrying a mandatory 

minimum penalty in fiscal year 2016.6

Using fiscal year 2016 data, this publication 

includes analyses of the two statutes carrying 

a firearms mandatory minimum penalty, 18 

U.S.C. § 924(c) (relating to using or possessing 

firearms in furtherance of drug trafficking 

or crimes of violence) and the Armed Career 

Criminal Act, 18 U.S.C. § 924(e), as well as 

the impact of those provisions on the Federal 

Bureau of Prisons (BOP) population. Where 

appropriate, the publication highlights changes 

and trends since the Commission’s 2011 

Mandatory Minimum Report.
2 Key 

Findings
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 4

Key Findings

1. Firearms mandatory minimum penalties continue to result in long sentences 

although they have decreased since fiscal year 2010.

• In fiscal year 2016, offenders convicted under section 924(c) received an average sentence of over 

12 years (151 months) of imprisonment, which is 13 months less than in fiscal year 2010. The 

average sentence length depended on the applicable mandatory minimum penalty under section 

924(c), increasing from 118 months for the five-year mandatory minimum penalty to 302 months 

where a 30-year mandatory minimum penalty applied.

• Similarly, in fiscal year 2016, offenders convicted of an offense carrying the 15-year mandatory 

minimum penalty under the Armed Career Criminal Act received an average sentence of over 15 

years (182 months) of imprisonment, which is nine months less than in fiscal year 2010.

• As a result of these long sentences, offenders convicted of an offense carrying a firearms mandatory 

minimum penalty continued to significantly contribute to the size of the Federal Bureau of Prisons’ 

population, constituting 24,905 (14.9%) of the 166,771 offenders in federal prison as of September 

30, 2016. 

2. Offenders charged with and convicted of multiple counts under section 924(c) 

received exceptionally long sentences as a result of the statutory requirement that the 

sentence for each count be served consecutively.

• While only 156 (7.9%) of the 1,976 offenders convicted under section 924(c) in fiscal year 2016 were 

convicted of multiple counts under that statute, they received exceptionally long sentences. The 

average sentence for offenders convicted of multiple counts under section 924(c) exceeded 27 years 

of imprisonment (327 months), nearly two-and-a-half times the average sentence for offenders 

convicted of a single count under section 924(c) (136 months).

• The average sentence for offenders who remained subject to the mandatory minimum penalty 

required by multiple counts under section 924(c) was even longer at almost 36 years (431 months). 

Building directly on its previous reports 

and the analyses set forth in the 2017 Overview 

Publication, this publication examines the use 

and impact of mandatory minimum penalties 

for firearms offenses. As part of this analysis, 

the Commission makes the following key 

findings:
 5

Section Two:

Summary of Key Findings

Key Findings

3. In addition, other charging and plea decisions also play a significant role in the 

application and impact of firearms mandatory minimum penalties.

• The majority of section 924(c) offenders (85.5%) were also convicted of another offense, which is 

consistent with the statutory requirement that an offender must have used or possessed a firearm 

during and in relation to, or in furtherance of, an underlying federal offense in order to be convicted 

under section 924(c).

• Conversely, 14.5 percent of offenders were convicted of an offense under section 924(c) alone, 

although those cases necessarily involved another federal offense for which they were not charged 

and convicted.

• Those offenders convicted of an offense under section 924(c) alone received an average sentence 

that was five years shorter than offenders convicted under section 924(c) and another offense (99 

months compared to 159 months). 

4. Statutory relief under 18 U.S.C. § 3553(e) for providing substantial assistance to 

the government plays a significant role in the application and impact of firearms 

mandatory minimum penalties.

• The 21.6 percent of offenders who received relief from the mandatory minimum penalty under 

section 924(c) for providing substantial assistance received average sentences of 95 months, 

compared to 166 months for offenders who remained subject to the mandatory minimum penalty 

at sentencing.

• The impact of receiving relief is even more pronounced for offenders convicted of multiple counts 

under section 924(c). Such offenders received average sentences that were less than one-third as 

long as offenders who remained subject to the mandatory minimum penalty required under section 

924(c)—136 months compared to 431 months. 

• Similarly, almost one-fifth (19.7%) of offenders convicted of an offense carrying the mandatory 

minimum penalty under the Armed Career Criminal Act received relief for providing substantial 

assistance, and their average sentence was 112 months compared to 200 months for offenders who 

remained subject to the mandatory minimum penalty at sentencing.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 6

Key Findings

5. While the rate at which firearms offenders were convicted of an offense carrying a 

mandatory minimum has been stable, the number of offenders convicted of offenses 

carrying such penalties has decreased significantly since fiscal year 2010.

• Less than one-third (30.8%) of all firearms offenders in fiscal year 2016 were convicted of an offense 

carrying a mandatory minimum penalty, which is almost identical to fiscal year 2010 (30.6%).

• However, between fiscal years 2010 and 2016, the number of offenders convicted under section 

924(c) decreased from 2,360 to 1,976, a 16.2 percent decrease. The number of offenders convicted 

of an offense carrying a mandatory minimum penalty under the Armed Career Criminal Act 

decreased 51.4 percent from 626 to 304, which is the lowest number of such offenders since fiscal 

year 2002 (n=292).

• Firearms offenses accounted for 16.8 percent of all offenses carrying a mandatory minimum 

penalty in fiscal year 2016 compared to 14.4 percent in fiscal year 2010. 

6. Firearms mandatory minimum penalties continue to impact Black offenders more 

than any other racial group.

• Black offenders were convicted of a firearms offense carrying a mandatory minimum more often 

than any other racial group. In fiscal year 2016, Black offenders accounted for 52.6 percent of 

offenders convicted under section 924(c), followed by Hispanic offenders (29.5%), White offenders 

(15.7%) and Other Race offenders (2.2%).

• The impact on Black offenders was even more pronounced for offenders convicted either of multiple 

counts under section 924(c) or offenses carrying a mandatory minimum penalty under the Armed 

Career Criminal Act. Black offenders accounted for more than two-thirds of such offenders (70.5% 

and 70.4%, respectively). 

• Black offenders also generally received longer average sentences for firearms offenses carrying 

a mandatory minimum penalty than any other racial group. In fiscal year 2016, Black offenders 

convicted under section 924(c) received an average sentence of 165 months, compared to 140 

months for White offenders and 130 months for Hispanic offenders. Only Other Race offenders 

received longer average sentences (170 months), but they accounted for only 2.2 percent of section 

924(c) offenders.

• Similarly, Black offenders convicted of an offense carrying a mandatory minimum penalty under 

the Armed Career Criminal Act received longer average sentences than any other racial group at 

185 months, compared to 178 months for White offenders, 173 months for Hispanic offenders, and 

147 months for Other Race offenders.
3 Firearms 

 Mandatory 

Minimums
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 8

Statutory Mandatory Minimum Provisions 

Applicable to Federal Firearms Offenses

Federal firearms offenders are almost 

exclusively convicted of offenses carrying 

mandatory minimums under two subsections 

of 18 U.S.C. § 924: 18 U.S.C. § 924(c) and 

18 U.S.C. § 924(e). This section provides a 

brief overview of each of these two provisions, 

including recent case law interpreting them.

18 U.S.C. § 924(c)

Statutory Provisions

Section 924(c) of title 18, United States 

Code, prohibits using or carrying a firearm 

during and in relation to, or possessing a firearm 

in furtherance of, a “crime of violence” or “drug 

trafficking crime.”7 The statute prescribes a 

mandatory minimum penalty of at least five 

years of imprisonment, with increasingly longer 

penalties based on how the firearm was used 

(seven years if the firearm was brandished and 

ten years if the firearm was discharged)8 and 

the type of firearm involved in the crime (ten 

years if the firearm was a short-barreled rifle, 

a short-barreled shotgun, or a semiautomatic 

assault weapon and 30 years if the weapon 

was a machinegun, a destructive device or was 

equipped with a silencer or muffler).9 Section 

924(c) further requires that these mandatory 

minimum penalties must be imposed in addition 

to and must run consecutively to “any other 

term of imprisonment imposed on the person, 

including any term of imprisonment imposed 

for the” underlying crime of violence or drug 

trafficking crime.10 The statutory maximum 

penalty under each of these provisions is life 

imprisonment.

Both the manner in which the weapon 

was used and the type of weapon involved are 

elements of the offense that must be submitted to 

a jury. In 2013, in Alleyne v. United States,

11 the 

Supreme Court held that any fact that increases 

a mandatory minimum sentence is an “element” 

of the crime that must be submitted to a jury 

and proven beyond a reasonable doubt.12 In 

particular, Alleyne held that the determination 

of whether a defendant “brandished” a firearm 

rather than merely carried it was an element 

of the offense, rather than a sentencing factor, 

overruling Harris v. United States.

13 Prior to 

Alleyne, some provisions of section 924(c) 

had been treated as elements of the offense 

that had to be proven beyond a reasonable 

doubt, while others were treated as sentencing 

factors that could be determined by the court at 

sentencing.14

Section 924(c) also establishes longer 

mandatory minimum penalties of 25 years for 

each “second or subsequent conviction” of an 

offense under section 924(c).15 The Supreme 

Court has held that when a defendant is convicted 

of multiple counts under section 924(c) in the 

same proceeding, the mandatory minimum 

penalty of 25 years applies, reasoning that 

any additional convictions of an offense under 

section 924(c) are “second or subsequent” to the 

first conviction.16 Thus, the longer recidivist 

mandatory minimum penalty must be served 

consecutively to any sentences imposed for the 

underlying offenses and other section 924(c) 

offenses, even when all the offenses were 

charged in a single indictment. This practice of 

charging multiple violations of section 924(c) 

within the same proceeding is commonly 

referred to as “stacking” mandatory minimum 

penalties.
 9

Section Three:

Firearms Mandatory Minimums

Although the sentence for a section 924(c) 

conviction must be imposed consecutive to any 

other term of imprisonment, the Supreme Court 

recently held, in Dean v. United States,

17 that 

section 924(c) does not prevent a sentencing 

court from considering a mandatory minimum 

sentence that will be imposed pursuant to it 

when calculating a guidelines sentence for 

the underlying predicate offense. The Court 

explained that a sentencing court generally is 

permitted to consider the sentence imposed for 

one count of conviction when determining the 

sentence for other counts of conviction and that 

nothing in the text of section 924(c) prohibits 

such consideration.18 The Court further 

noted that, in other sections of the criminal 

code, Congress has explicitly prohibited 

consideration of a mandatory minimum penalty 

in determining the sentence for other counts of 

conviction. For example, 18 U.S.C. § 1028A, 

which relates to identify theft, provides that 

a court cannot reduce the term imposed for 

a predicate offense to compensate for the 

mandatory term of imprisonment required by 

section 1028A.19 Prior to the Dean decision, 

many sentencing courts interpreted section 

924(c) to bar consideration of the mandatory 

minimum penalty when calculating a sentence 

for an underlying predicate offense.20

Guideline Provision

USSG §2K2.4(b) provides that the guideline 

sentence for an offender convicted of an offense 

under section 924(c) “is the minimum term of 

imprisonment required by statute.”21 When the 

offender is convicted of offenses in addition to 

an offense under section 924(c), the applicable 

guideline range for the additional offenses is 

determined using the guideline provisions and 

grouping rules applicable to those crimes.22

The resulting range guides the sentence for the 

additional offenses, to which the court must add 

a consecutive sentence for the section 924(c) 

offense.23 The guidelines establish a separate 

sentencing table with higher penalties for 

offenders convicted of an offense under section 

924(c) and who qualify as a “career offender.”24

The Armed Career Criminal Act, 18 U.S.C. 

§ 924(e)

Statutory Provision

The Armed Career Criminal Act (ACCA)

requires a mandatory minimum of 15 years 

of imprisonment if the defendant violates 

18 U.S.C. § 922(g) and has three or more 

convictions for offenses that qualify as either 

a “violent felony” or “serious drug offense.”25

Section 922(g) makes it unlawful for certain 

prohibited persons, including convicted felons, 

fugitives from justice, persons dishonorably 

discharged from the armed forces, and aliens 

who are illegally or unlawfully in the United 

States, to possess a firearm or ammunition 

that is in or affecting commerce; to ship or 

transport a firearm or ammunition in interstate 

or foreign commerce; or to receive any firearm 

or ammunition which has been shipped or 

transported in interstate or foreign commerce.26

The determination of whether a predicate 

conviction qualifies as a “violent felony” or 

“drug trafficking offense” is a question of law.27

Section 924(e) provides for a sentencing 

enhancement for offenses under section 

922(g) and does not establish its own separate 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 10

criminal offense.28 As a result, application 

of the enhancement does not infringe on the 

defendant’s Sixth Amendment rights because 

the prior conviction need not be proven to a 

jury beyond a reasonable doubt.29 The statute 

does not prescribe a formal procedure the 

government must follow when it intends to seek 

an enhancement pursuant to section 924(e), 

though due process requires that the defendant 

be afforded some notice that the enhancement 

may apply.30

In Johnson v. United States,

31 the Supreme 

Court considered the constitutionality of the 

statutory definition of “violent felony” in 

ACCA. At the time, the definition of a violent 

felony included three clauses, commonly 

referred to as the “force clause” (the crime 

“has an element the use, attempted use, or 

threatened use of force against the person of 

another”), the “enumerated clause” (that the 

crime is “burglary, arson, or extortion, involves 

use of explosives, or otherwise involves 

conduct that presents a serious potential risk of 

physical injury to another”), and the “residual 

clause” (any offense that “otherwise involves 

conduct that presents a serious potential risk of 

physical injury to another”). The Court held 

that classifying an offense as a “violent felony” 

on the basis of the residual clause violates due 

process because the clause is unconstitutionally 

vague.32 As a result, an offender qualifies as 

an armed career criminal only if their predicate 

convictions qualify under either the force 

clause or the enumerated clause; an offender no 

longer qualifies as armed career criminal on the 

basis of a prior conviction that would qualify 

under only the residual clause.

Nearly a year later, in Welch v. United 

States,

33 the Supreme Court held that Johnson’s 

holding invalidating ACCA’s residual clause 

applies retroactively when a defendant seeks 

review of a previously imposed sentence. 

Thus, any offender previously sentenced as 

an armed career criminal on the basis of a 

conviction qualifying under ACCA’s residual 

clause can challenge their status as armed 

career criminal and the resulting enhanced 

penalty. A reviewing court must then consider 

whether any conviction that had been found 

to qualify as a predicate conviction under the 

residual clause also qualifies under a valid 

clause of ACCA. If a conviction is found to 

qualify under a valid clause of ACCA (the 

force clause or the enumerated clause), the 

offender’s ACCA sentence survives review. 

However, if on review, the court determines 

that a predicate conviction would qualify only

under the residual clause, or the court is unable 

to determine from available documentation 

whether a predicate conviction would qualify 

under a valid clause, the defendant must be 

resentenced without the ACCA enhancement. 
 11

Section Three:

Firearms Mandatory Minimums

Guideline Provision

The guideline implementing this statutory 

provision is §4B1.4 (Armed Career Criminal).34

Section 4B1.4 instructs the court to apply the 

greater of 

1. the offense level applicable from 

Chapters Two and Three of the 

Guidelines Manual; or

2. the offense level from the career offender 

guideline at §4B1.1 if applicable; or 

3. an offense level 34 if the defendant used 

or possessed a firearm in connection 

with a crime of violence or a controlled 

substance offense, or if the firearm was 

a particularly dangerous type; or

4. an offense level of 33, otherwise.35

Similarly, it directs that the criminal history 

category for an armed career criminal is the 

greatest of 

1. the criminal history category from 

Chapter Four, Part A of the Guidelines 

Manual; or 

2. the criminal history category from the 

career offender guideline at §4B1.1 if 

applicable; or 

3. Category VI if the defendant used or 

possessed a firearm in connection with 

either a crime of violence, a controlled 

substance offense, or if the firearm was 

a particularly dangerous type, or 

4. Category IV.36

Statutory and Guideline Relief Provisions

Offenders may receive relief from a firearm 

mandatory minimum penalty if the prosecution 

files a motion based on the defendant’s 

“substantial assistance” pursuant to 18 U.S.C. 

§ 3553(e).37 When such motion is filed, 

section 3553(e) authorizes the court to impose 

a sentence below the mandatory minimum 

penalty.

As directed by Congress, the Commission 

incorporated this statutory mechanism for 

relief from mandatory minimum penalties 

into the guidelines. USSG §5K1.1 authorizes 

a departure from the guideline range if the 

offender provided substantial assistance to law 

enforcement and the government files a motion 

to that effect.38 Even where §5K1.1 applies, 

however, the court can only sentence below 

the mandatory minimum penalty when the 

government also files a motion pursuant to 18 

U.S.C. § 3553(e).39
United States Sentencing Commission

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4 Data 

Analysis
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

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2011 RECOMMENDATIONS

 In its 2011 Mandatory Minimum Report, the 

Commission recommended that Congress 

consider (1) amending 18 U.S.C. § 924(c) to 

make the enhanced mandatory minimum 

penalty for “second or subsequent” offenses 

apply only to prior convictions, rather than 

to multiple section 924(c) counts in the same 

proceeding; (2) decreasing the length of 

section 924(c) penalties, particularly for 

“second or subsequent” violations; and (3) 

providing the sentencing court discretion to 

impose sentences for multiple violations of 

section 924(c) concurrently, rather than only 

consecutively.

The Commission’s Updated Study of 

Firearms Mandatory Minimum Penalties

In its 2011 Mandatory Minimum Report, the 

Commission made several recommendations 

to Congress regarding the use of, and 

improvement to, mandatory minimum 

penalties generally and with respect to the four 

major offense types. The Commission made 

three specific recommendations regarding 

the use of mandatory minimum penalties in 

firearms offenses. These were that Congress: 

(1) amend 18 U.S.C. § 924(c) to make the 

enhanced mandatory minimum penalty for 

“second or subsequent” offenses apply only to 

prior final convictions, rather than to multiple 

section 924(c) counts in the same proceedings; 

(2) consider decreasing the length of section 

924(c) penalties, particularly for “second or 

subsequent” violations; and (3) provide the 

sentencing court discretion to impose sentences 

for multiple violations of section 924(c) 

concurrently, rather than only consecutively.40

Since the 2011 Mandatory Minimum Report, 

the Commission has continued its study of the 

scope, use, and impact of mandatory minimum 

penalties in the federal system, providing 

regular updates through the issuance of Quick 

Facts publications, as well as in testimony 

before Congress. The Commission provides 

this publication to update the information 

and analyses in its 2011 Mandatory Minimum 

Report and to further inform discussion of the 

Commission’s recommendations regarding 

the use of mandatory minimum penalties for 

firearms offenses.

Focusing on offenses carrying a firearms 

mandatory minimum penalty,41 this publication 

analyzes 62,251 cases from the Commission’s 

fiscal year 2016 datafile, identifying relevant 

offender and offense characteristics, including 

demographic data and basic criminal history 

information.42 After noting trends in firearms 

offenses carrying mandatory minimum 

penalties overall, this publication addresses 

separately the two statutes that carry a firearms 

mandatory minimum penalty. First, this 

publication discusses section 924(c), providing 

comparisons between offenders convicted of 

an offense carrying any mandatory minimum 

penalty, offenders convicted under section 

924(c), and offenders convicted of multiple 

offenses under section 924(c). Second, it 

discusses the Armed Career Criminal Act, 

18 U.S.C. § 924(e). For each of these two 

statutory provisions, the Commission provides 

data about sentencing outcomes involving the 

application of the mandatory minimum penalty. 

Where appropriate, this publication highlights 

key changes between the data set forth in the 
 15

Section Four:

Data Analysis

All Other Offenders Convicted of 

a Mandatory Minimum

83.2%

(N=11,324)

Offenders Convicted of a Firearms 

Mandatory Minimum

16.8%

(N=2,280)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

(N=13,604)

Figure 1. Offenders Convicted of a Firearms Offense Carrying a Mandatory Minimum Penalty

Fiscal Year 2016

Commission’s 2011 Mandatory Minimum 

Report and the fiscal year 2016 sentencing data.

The Commission intends that the data in 

this publication will further inform the ongoing 

discussion regarding mandatory minimum 

penalties among Congress, the Department of 

Justice, and others.

Recent Trends in Mandatory Minimum 

Penalties

As discussed in the 2017 Overview 

Publication, the prevalence of convictions for 

an offense carrying any mandatory minimum 

among all federal offenders decreased in fiscal 

year 2016. From fiscal years 1991 to 2014, the 

percentage of federal offenders convicted of an 

offense carrying a mandatory minimum penalty 

fluctuated between 26.0 percent and 31.9 

percent. Over the past three years, however, 

the percentage has decreased, to 21.9 percent 

in fiscal year 2016.

While the percentage of offenders convicted 

of an offense carrying a mandatory minimum 

penalty steadily decreased, the percentage of 

offenders subject to a mandatory minimum at 

sentencing remained relatively stable during 

the same time period, falling only slightly from 

14.5 percent in fiscal year 2010 to 13.4 percent 

in fiscal year 2016. This is because offenders in 

recent years have been increasingly less likely 

to receive relief from a mandatory minimum 

penalty through a substantial assistance motion 

or application of the statutory safety valve. 

In fiscal year 2016, 38.7 percent offenders 

convicted of an offense carrying a mandatory 

minimum penalty received relief, down from 

46.7 percent in 2010.43
United States Sentencing Commission

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 16

Figure 2. Offenders Convicted of an Offense Carrying a Mandatory Minimum Penalty 

By Selected Offense Types

Fiscal Years 1991 – 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Drug Trafficking Sexual Abuse Pornography Firearms

SOURCE: U.S. Sentencing Commission, 1991 through 2016 Datafiles, USSCFY91 – USSCFY16.

STATUTE

Total Number of 

Counts of Convictions

Percentage of 

Counts of Conviction

21 U.S.C. § 846 5,982 24.9%

21 U.S.C. § 841(b)(1)(B) 2,478 10.3%

21 U.S.C. § 841(b)(1)(A) 2,224 9.3%

18 U.S.C. § 924(c)(1)(A)(i) 1,974 8.2%

18 U.S.C. § 924(c)(1)(A)(ii) 1,019 4.2%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Table 1. Number of Convictions for Most Frequently Used Statutes 

Carrying a Mandatory Minimum Penalty 

Fiscal Year 2016 

Overall Prevalence of Firearms Offenses 

Carrying Mandatory Minimum Penalties

Although the use of mandatory minimum 

penalties decreased overall, trends differed 

depending on the type of offense. Firearms 

offenses accounted for 16.8 percent of offenses 

carrying a mandatory minimum penalty in 

fiscal year 2016—the second largest category 

following drug offenses—increasing from 14.4 

percent in fiscal year 2010.44 

Firearms offenses, following drug offenses, 

also continued to top the list of the most 

frequently used mandatory minimum penalty 

statutes. The fourth and fifth most commonly 

used statutes carrying mandatory minimum 

penalties were subsections of section 924(c)—

section 924(c)(1)(A)(i), which provides a fiveyear mandatory minimum penalty for using or 

carrying, or possessing a firearm in furtherance 

of, a crime of violence or drug trafficking crime, 

and section 924(c)(1)(A)(ii), which provides a 

seven-year mandatory minimum penalty for 

brandishing a firearm during and in relation to 

a crime of violence or drug trafficking crime. 
 17

Section Four:

Data Analysis

Figure 3. Number of Offenders Convicted Under 18 U.S.C. § 924(c) and the Armed Career Criminal Act

Fiscal Years 1991 – 2016

0

500

1,000

1,500

2,000

2,500

3,000

18 U.S.C. § 924(c) Armed Career Criminal

SOURCE: U.S. Sentencing Commission, 1991 through 2016 Datafiles, USSCFY91 – USSCFY16.

In fiscal year 2016, subsections 924(c)

(1)(A)(i) and (ii) accounted for 8.2 and 4.2 

percent of convictions for offenses carrying 

a mandatory minimum penalty, respectively. 

This represents a slight shift from fiscal year 

2010—subsection 924(c)(1)(A)(ii) replaced the 

two-year mandatory minimum for aggravated 

identity theft found at 18 U.S.C. § 1028A as 

the fifth entry on the list, and the percentage 

of convictions under subsection 924(c)(1)(A)

(i) increased slightly, from 5.5 percent to 8.2 

percent.45

Of the major offense types carrying a 

mandatory minimum penalty, firearms offenses 

are the only category in which the percentage 

of offenders convicted of an offense carrying 

a mandatory minimum penalty has remained 

relatively stable in recent years, ranging from 

33.5 percent in fiscal year 2012 to 35.4 percent 

in fiscal year 2011. The rate did notably 

decrease, however, from 35.0 percent in fiscal 

year 2015 to 30.8 percent in fiscal year 2016, 

approximately the same percentage it had been 

in fiscal year 2010 (30.6%). In contrast, the 

percentage of offenders convicted of an offense 

carrying a drug mandatory minimum penalty 

decreased significantly and the percentage of 

offenders convicted of other offenses carrying a 

mandatory minimum penalty—violent, sexual 

abuse, pornography and “other” offenses—all 

steadily increased.46

Though the prevalence of firearms 

offenders increased as a percentage of all 

offenders sentenced to an offense carrying a 

mandatory minimum penalty, the number of 

offenders convicted of an offense carrying a 

firearms mandatory minimum penalty (under 

18 U.S.C. § 924(c) or ACCA) has decreased. 

As reflected by Figure 3, between 2013 and 

2016, the number of offenders convicted under 

section 924(c) decreased from 2,278 to 1,976, 

and the number of offenders convicted under 

ACCA decreased from 582 to 304.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 18

Figure 4. Number of Offenders Convicted Under 18 U.S.C. § 924(c)

Fiscal Years 1991 – 2016

FY 2010

2,360 

FY 2016

1,976 

0

500

1,000

1,500

2,000

2,500

3,000

18 U.S.C. § 924(c)

SOURCE: U.S. Sentencing Commission, 1991 through 2016 Datafiles, USSCFY91 – USSCFY16.

This recent downward trend is likely a result 

of changes in Department of Justice charging 

practices and the Supreme Court’s decision in 

Johnson v. United States.

47 As discussed in the 

2017 Overview Publication, guidance issued 

to federal prosecutors directed a more targeted 

charging of offenses carrying mandatory 

minimum penalties. In 2010, then-Attorney 

General Eric Holder issued a memorandum 

instructing that while a prosecutor “should 

ordinarily charge” the most serious offense, 

the charging decision requires an individual 

assessment of the facts of the case, considering 

the purpose of federal criminal laws and the 

best use of federal resources. The “Holder 

Memorandum,” as it has come to be called, 

required the same individualized assessment in 

plea bargaining and sentencing.48 Subsequently, 

in 2015, in United States v. Johnson, the 

Supreme Court invalidated the residual clause 

of ACCA, eliminating this clause as a basis 

under which a prior conviction can qualify as a 

predicate conviction.49

It is likely that these policy and legal 

changes have in some way impacted the data 

discussed in this publication, including the 

current population of the Federal Bureau of 

Prisons (BOP). Different trends, however, 

may emerge because of changed policies with 

respect to mandatory minimum penalties. 

Attorney General Jefferson Sessions recently 

issued guidance reverting to the previous policy 

that “prosecutors should charge and pursue 

the most serious, readily provable offense” 

and stating that “the most serious offenses are 

those that carry the most substantial guideline 

sentence, including mandatory minimum 

sentences.”50 Therefore, any recent data trends 

reported in this publication, particularly those 

related to changes in charging practices, may 

not be permanent. Further, because the data 
 19

Section Four:

Data Analysis

Single § 924(c) 

Count

92.1%

(N=1,820)

Multiple § 924(c) Counts

7.9%

(N=156)

All Other Federal 

Offenders

97.1%

(N=65,766)

Offenders Convicted Under 

18 U.S.C. § 924(c) 

2.9%

(N=1,976)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

(N=67,742)

Figure 5. Number of Offenders Convicted Under 18 U.S.C. § 924(c) 

Fiscal Year 2016

(N=1,976)

in this report includes offenders sentenced 

through the end of fiscal year 2016, prior to the 

Supreme Court’s decision in Dean v. United 

States, the impact of the Dean decision, as well 

as the continuing impact of Johnson v. United 

States, remains to be seen. 

18 U.S.C. § 924(c)

Prevalence of 18 U.S.C. § 924(c) Offenses

How Often Are Offenders Convicted of an 

Offense Under 18 U.S.C. § 924(c)?

As reflected in Figure 4, the number of 

offenders convicted under section 924(c) has 

steadily decreased since 2006 (n=2,689). 

In fiscal year 2016, 1,976 offenders were 

convicted of at least one offense under section 

924(c), which compares to 2,360 in fiscal year 

2010. 

The 1,976 offenders represented just under 

three percent (2.9%) of federal offenders 

sentenced in fiscal year 2016.

Of the 1,976 offenders convicted under 

section 924(c), 1,820 (92.1%) were convicted 

of a single count and 156 (7.9%) were convicted 

of multiple counts under the statute. Of the 156 

offenders convicted of multiple counts, only ten 

had previously been convicted and sentenced 

for a violation of section 924(c) prior to the 

instant offense.51 The remaining 146 offenders 

who received consecutive sentences under the 

statute were convicted of and sentenced for 

multiple counts of section 924(c) in the same 

proceeding, which was their first conviction for 

any violation of section 924(c). The Criminal 

History Category distribution of these 146 

offenders largely mirrors that of the offenders 

convicted of multiple counts overall, though 

a higher percentage are in CHC I (26.1% 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 20

Figure 6. Offenders Convicted of Multiple Counts Under 18 U.S.C. § 924(c)

Fiscal Years 2000 – 2016

0

50

100

150

200

Multiple Counts of 18 U.S.C. § 924(c)

SOURCE: U.S. Sentencing Commission, 2000 through 2016 Datafiles, USSCFY00 – USSCFY16.

compared to 24.5%).52 Of the offenders 

convicted of multiple counts under section 

924(c), most were convicted of two such counts 

(84.6%), while 6.4 percent were convicted of 

three counts, and 9.0 percent were convicted 

of more than three counts (with a high of 11 

counts for a single defendant).

 As reflected in Figure 6, the number of 

offenders convicted of multiple counts under 

section 924(c) has varied over time, but has 

remained a relatively small percentage of all 

offenders convicted under the statute. The 

number has never exceeded 180 offenders in 

a given fiscal year, but has generally remained 

above 150 per year since fiscal year 2006, only 

falling below that number in fiscal year 2015 

(n=119) before increasing again to 156 in fiscal 

year 2016.

How Severe Were Mandatory Minimum 

Penalties for Section § 924(c) Offenders?

As reflected in Figure 7, most offenders 

convicted under section 924(c) faced the 

statute’s five-year mandatory minimum penalty. 

The five-year mandatory minimum for use or 

possession of a firearm applied in 59.5 percent 

of cases; the seven-year mandatory minimum 

for brandishing a firearm applied in 22.0 

percent of cases; and the ten-year mandatory 

minimum for discharging a firearm, or for an 

offense involving a short-barreled rifle, shortbarreled shotgun, or semiautomatic assault 

weapon, applied in 10.3 percent of cases. 
 21

Section Four:

Data Analysis

8

Subtitle

5 Years

(Possess or Carry)

59.5%

7 Years

(Brandishing)

22.0%

10 Years

10.3%

30 Years

1.4%

Other

6.8%

(N=1,976)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 7. Length of 18 U.S.C. § 924(c) Mandatory Minimum Penalty 

Fiscal Year 2016

A 30-year mandatory minimum applied 

in 1.4 percent of cases. This includes cases 

in which an offender was subject to a 30-

year mandatory minimum penalty for a single 

section 924(c) conviction for possessing a 

machinegun, destructive device, or a firearm 

equipped with a silencer or firearm muffler, in 

violation of subsection 924(c)(1)(B)(ii), and 

cases in which an offender was subject to two 

924(c) convictions, the first carrying a five-year 

mandatory minimum penalty and the second 

carrying a consecutive 25-year mandatory 

minimum penalty for a “second or subsequent 

offense.”53 This is similar to the distribution of 

mandatory minimum penalty lengths for section 

924(c) penalties set forth in the Commission’s 

2011 Mandatory Minimum Report, though the 

five-year mandatory minimum penalty applied 

slightly more frequently in fiscal year 2010 

(62.3%).

Where Were Offenders Convicted of Offenses 

Under 18 U.S.C. § 924(c)?

 Of the 1,976 cases in fiscal year 2016 

involving a conviction of an offense under 

section 924(c), 291 (14.7%) were from the 

district courts in the Fourth Circuit, 266 (13.5%) 

were from the district courts in the Eleventh 

Circuit, 231 (11.7%) were from the district 

courts in the Second Circuit, 204 (10.3%) were 

from the district courts in the First Circuit, 

and 182 (9.2%) were from the district courts 

in the Fifth Circuit. The other 802 (40.6%) 

cases were from the district courts of the 

Third, Sixth, Seventh, Eighth, Ninth, Tenth and 

District of Columbia circuits. Cases were more 

geographically dispersed than in fiscal year 

2010, when nearly half (48.9%, n=1,121) of 

the cases involving a conviction under section 

924(c) came from the district courts of three 

circuits, the Fourth (22.7%, n=520), Eleventh 

(14.7%, n=338), and Sixth (11.5%, n=263).
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 22

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Number of Offenders:

No Offenders <50 50-99 100 or more

District of 

Puerto Rico:

183 Offenders

Figure 8. Geographic Distribution of Offenders Convicted Under 18 U.S.C. § 924(c)

Fiscal Year 2016

All 18 U.S.C. § 924(c) Offenders Offenders with Multiple Counts of 18 U.S.C. § 924(c) 

Cases involving a conviction under section 

924(c) were more geographically concentrated 

when viewed at the district level. In fiscal year 

2016, eight districts reported over one-third 

(36.1%) of the cases involving a conviction of 

an offense under section 924(c): Puerto Rico 

(9.3% of all 924(c) cases, n=183); Southern 

New York (5.6%, n=111); Southern Florida 

(5.1%, n=100); Eastern Virginia (4.1%, n=80); 

Eastern New York (3.5%, n=69); Eastern North 

Carolina (3.3%, n=65); Eastern Michigan 

(2.7%, n=54); and Eastern Pennsylvania (2.6%, 

n=51). Thirty-five districts reported having ten 

or fewer cases involving a conviction of an 

offense under section 924(c).

The Commission further analyzed the 

geographic distribution of cases involving 

multiple convictions under section 924(c). 

This analysis showed that cases involving 

convictions for multiple counts under section 

924(c) were more geographically concentrated. 

Of the 156 cases involving multiple counts 

under section 924(c) in fiscal year 2016, eight 

districts accounted for 65.4 percent of all such 

cases: Southern New York (15.4%, n=24); 

Eastern Virginia (12.8%, n=20); Eastern 

Pennsylvania (8.3%, n=13); Eastern Michigan 

(8.3%, n=13); Eastern New York (5.8%, n=9); 

Northern Texas (5.1%, n=8); Southern Florida 

(5.1%, n=8); and Southern Texas (4.5%, n=7). 

By contrast, 55 districts reported no such 

multiple count cases, and 15 districts reported 

only one.54
 23

Section Four:

Data Analysis

§ 924(c) and Another Offense 

Without Mandatory Minimum

57.1%

§ 924(c) Only

14.5%

§ 924(c) and 

Another Offense with 

Mandatory Minimum

28.4%

Offense Percent

Drug Trafficking 45.7%

Robbery 31.6%

Another Firearms Offense 8.2%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 9. Offenders Convicted Under 18 U.S.C. § 924(c) by Additional Offenses of Conviction

Fiscal Year 2016

Other Counts of Conviction

As noted above, in order to be convicted 

under section 924(c), an offender must have used 

or possessed a firearm during and in relation 

to an underlying offense or in furtherance of

a “crime of violence” or “drug trafficking 

crime” for which the person may be federally 

prosecuted.55 As such, most offenders—85.5 

percent—convicted of an offense under section 

924(c) in fiscal year 2016 were also convicted 

of at least one other offense. Specifically, 57.1 

percent were convicted of at least one other 

offense not carrying a mandatory minimum 

penalty, and 28.4 percent were convicted 

of at least one other offense also carrying a 

mandatory minimum penalty. 

As shown in Figure 9, of section 924(c) 

offenders convicted of at least one other 

offense, nearly half were convicted of a drug 

trafficking offense (45.7%), while one-third 

were convicted of robbery (31.6%). Just 

over eight percent (8.2%) were convicted of 

another firearms offense, such as being a felon 

in possession of a firearm in violation of 18 

U.S.C. § 922(g).

Although 14.5 percent (n=287) of offenders 

were convicted of an offense under section 

924(c) alone, those cases necessarily involved 

another federal offense for which they were 

not prosecuted. The majority of the 287 

offenders—194 offenders (67.6%)—could 

have also been charged with a drug trafficking 

crime, with the most common drug type being 

marijuana (27.3%; n=53).56 In 83 (28.9%) 

of these cases, the offenders could have also 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 24

Figure 10. Comparison of Race of Offenders Convicted Under 18 U.S.C. § 924(c) 

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

White

6.4%

Black

70.5%

Hispanic

23.1%

Other

0.0%

Offenders with Multiple Counts of 18 U.S.C. § 924(c) 

White

15.7%

Black

52.6%

Hispanic

29.5%

Other

2.2%

All 18 U.S.C. § 924(c) Offenders

been charged with a violent offense, with the 

most common offense being robbery (81.9%; 

n=68). Other uncharged underlying violent 

offenses included attempted murder (8.4%, 

n=7), assault (6.0%, n=5), and murder (3.6%, 

n=3). The remaining ten offenders could have 

been charged with both a drug trafficking crime 

and a violent offense in addition to the section 

924(c) count.57

Offender Demographics

Race, Gender, and Citizenship

In fiscal year 2016, Black offenders 

continued to represent a majority of offenders 

(52.6%) convicted of an offense under 

section 924(c), as they did in fiscal year 2010 

(55.9%). Hispanic offenders (29.5%), White 

offenders (15.7%), and Other Race offenders58

(2.2%) accounted for the remaining offenders 

convicted of an offense under section 924(c). 

The prevalence of Black offenders is even 

more pronounced for offenders convicted of 

multiple counts under section 924(c). Black 

offenders accounted for more than two-thirds 

of offenders convicted of multiple counts 

under section 924(c) (70.5%) compared to just 

over half (52.6%) for section 924(c) offenders 

overall. In contrast, the percentage of White 

offenders convicted of multiple counts under 

section 924(c) was considerably smaller than 

924(c) offenders overall (6.4% compared to 

15.7%). Hispanic offenders had a relatively 

similar representation regardless of whether 

multiple counts of section 924(c) were involved 

(23.1% of multiple counts compared to 29.5% 

of section 924(c) offenders overall). No Other 

Race offenders were convicted of multiple 

counts under section 924(c).
 25

Section Four:

Data Analysis

Table 2. Gender and Citizenship of Offenders Convicted Under 18 U.S.C. § 924(c)

Fiscal Year 2016

Convicted Under

18 U.S.C. § 924(c) 

Subject to 

18 U.S.C. § 924(c) 

at Sentencing

Convicted of 

Multiple Counts Under 

18 U.S.C. § 924(c)

Total (# of offenders) 1,976 1,548 156

GENDER

Male 97.4% 98.1% 97.4%

Female 2.6% 1.9% 2.6%

CITIZENSHIP

U.S. Citizen 91.3% 92.8% 85.3%

Non-U.S. Citizen 8.7% 7.2% 14.7%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Black offenders also constituted a 

substantially larger portion of offenders 

convicted under section 924(c) than they did 

of offenders convicted of offenses carrying 

mandatory minimum penalties overall. In fiscal 

year 2016, Black offenders accounted for 52.6 

percent of section 924(c) offenders compared 

to 29.7 percent of offenders convicted of any 

offense carrying a mandatory minimum penalty. 

The opposite was true for White offenders 

(15.7% of 924(c) offenders compared to 27.2% 

of offenders convicted of any offense carrying 

a mandatory minimum penalty) and Hispanic 

offenders (29.5% of 924(c) offenders compared 

to 40.4% of offenders convicted of any offense 

carrying a mandatory minimum penalty).

The overwhelming majority (91.3%) of 

offenders convicted under section 924(c) 

were United States Citizens.59 However, they 

were a smaller percentage—85.3 percent—of 

offenders convicted of multiple offenses under 

section 924(c).

Male offenders were convicted under 

section 924(c) far more frequently than female 

offenders, accounting for 97.4 percent of both 

offenders convicted under section 924(c) and 

of offenders convicted of multiple counts under 

section 924(c).60
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 26

Table 3. Criminal History of Offenders Convicted Under 18 U.S.C. § 924(c)

Fiscal Year 2016

Convicted Under 

18 U.S.C. § 924(c) 

Subject to 

18 U.S.C. § 924(c) 

at Sentencing

Convicted of 

Multiple Counts Under 

18 U.S.C. § 924(c)

Total (# of offenders) 1,976 1,548 156

CRIMINAL HISTORY CATEGORY

I 30.1% 29.6% 24.5%

II 13.0% 12.3% 13.9%

III 17.8% 17.4% 19.9%

IV 13.0% 13.8% 13.9%

V 7.0% 6.8% 5.3%

VI 19.1% 20.1% 22.5%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 11. Age of Offenders Convicted Under 18 U.S.C. § 924(c)

Fiscal Year 2016

Younger than 21

4.4%

(N=86)

Ages 21 to 25

23.3%

(N=460)

Ages 26 to 30

23.2%

(N=459)

Ages 31 to 35

18.2%

(N=360)

Ages 36 to 40

12.6%

(N=248)

Ages 41 to 50

13.5%

(N=266)

Ages 51 to 60

4.0%

(N=79)

Older than 60

0.9%

(N=18)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Age

Offenders convicted under section 924(c) 

were fairly evenly distributed throughout age 

brackets 21 through 35, with fewer younger 

than 21 or older than 35, and virtually the same 

number of offenders in age bracket 21 through 

25 (n=460), and age bracket 26 through 30 

(n=459). Offenders younger than 21 (4.4%, 

n=86), ages 51 to 60 (4.0%, n=79), and older 

than 60 (0.9%; n=18) combined accounted for 

less than ten percent of all offenders convicted 

under section 924(c).

Criminal History

Nearly one-third (30.1%) of offenders 

convicted under section 924(c) were in Criminal 

History Category (CHC) I. The next largest 

portion of offenders were in CHC VI (19.1%), 

with the remainder of offenders distributed 

throughout criminal history categories. 

Of offenders convicted of multiple counts 

under section 924(c), fewer were in CHC I 

(24.5%) and more were in CHC VI (22.5%). 
 27

Section Four:

Data Analysis

Relieved of § 924(c) 

Mandatory Minimum Penalty

21.6%

(N=427)

No Relief

78.4%

(N=1,549)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

(N=1,976)

Figure 12. Offenders Convicted Under 18 U.S.C. § 924(c)

By Status of Relief from the Mandatory Minimum Penalty 

Fiscal Year 2016

The proportion of offenders convicted 

under section 924(c) who were in CHC I 

is considerably smaller than the proportion 

offenders convicted of any offense carrying a 

mandatory minimum penalty who were in CHC 

I (30.1% compared to 45.7%). The opposite 

relationship exists with respect to offenders 

in CHC VI (19.1% compared to 14.1%). 

The difference is even greater for offenders 

convicted of multiple section 924(c) counts, of 

which 22.5 percent were in CHC VI.

Plea and Trial Rates

Offenders convicted under section 924(c) 

were generally more likely to proceed to trial 

than offenders convicted of offenses carrying 

other mandatory minimum penalties. In fiscal 

year 2016, 9.8 percent (n=193) of offenders 

convicted under section 924(c) proceeded to 

trial, compared to only 5.2 percent (n=712) of 

all offenders convicted of an offense carrying 

any mandatory minimum penalty. By contrast, 

only 2.7 percent of all federal offenders proceed 

to trial.

Furthermore, offenders convicted of 

multiple counts under section 924(c) were even 

more likely to proceed to trial (34.6%).

Relief from Mandatory Minimum Penalties

As shown in Figure 12, just over one-fifth 

(21.6%, n=427) of offenders convicted under 

section 924(c) were relieved of the mandatory 

minimum penalty at sentencing pursuant to 

18 U.S.C. § 3553(e) for rendering substantial 

assistance to the government. A higher 

percentage (35.5%) of offenders convicted of 

multiple counts under section 924(c) received 

relief. 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 28

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 13. Race of Offenders Subject to the 18 U.S.C. § 924(c) at Sentencing 

Fiscal Year 2016

15.5% 15.7%

31.1%

53.8% 52.6%

35.5%

28.5% 29.5% 30.9%

2.3% 2.2% 2.5%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Subject to 18 U.S.C. § 924(c) at Sentencing Convicted Under 18 U.S.C. § 924(c) Subject to Any Mandatory Minimum Penalty

at Sentencing

White Black Hispanic Other

Demographics

Black offenders represented the largest 

proportion of offenders who remained subject 

to a mandatory minimum penalty under section 

924(c) at sentencing (53.8%), followed by 

Hispanic offenders (28.5%), White offenders 

(15.5%), and Other Race offenders (2.3%).61

Although Black offenders made up the 

majority of offenders subject to the mandatory 

minimum penalty under section 924(c), this 

appears to be a function of the frequency with 

which Black offenders were convicted of these 

offenses. As seen in Figure 13, the percentage 

of offenders subject to the section 924(c) 

mandatory minimum penalty was consistent 

with the conviction rates for each demographic 

group. 

There were, however, differences in 

demographics for section 924(c) offenders 

compared with offenders convicted of an offense 

carrying any mandatory minimum penalty. 

Black offenders represented a significantly 

higher percentage of offenders subject to the 

section 924(c) mandatory minimum penalty 

than offenders convicted of an offense carrying 

any mandatory minimum penalty (53.8% 

compared to 35.5%). The opposite was true for 

White offenders (15.5% compared to 31.1%). 

The similarity between the demographic 

distribution of offenders convicted under 

section 924(c) and offenders subject to its 

mandatory minimum penalties at sentencing 

is explained by Figure 14, which shows little 

difference in relief rates between different 

races. The relief rates vary by less than five 

percentage points between the highest relief 
 29

Section Four:

Data Analysis

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

78.4% 77.1% 80.2% 75.6% 79.6%

21.6% 22.9% 19.8% 24.4% 20.5%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Offenders Convicted

Under 18 U.S.C. § 924(c)

White Black Hispanic Other

Subject to 18 U.S.C. § 924(c) Penalty Relieved of 18 U.S.C. § 924(c) Penalty

Figure 14. Race of Offenders Convicted Under 18 U.S.C. § 924(c) 

By Status of Relief from the Mandatory Minimum Penalty

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

79.0%

55.8%

79.7%

65.1%

21.0%

44.2%

20.3%

34.9%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Male Female U.S. Citizen Non-U.S. Citizen

Subject to 18 U.S.C. § 924(c) Penalty Relieved of 18 U.S.C. § 924(c) Penalty

Figure 15. Gender and Citizenship of Offenders Convicted Under 18 U.S.C. § 924(c) 

By Status of Relief from the Mandatory Minimum Penalty

Fiscal Year 2016

rate, held by Hispanic offenders (24.4%), and 

the lowest relief rate held by Black offenders 

(19.8%). 

Female offenders convicted under section 

924(c) obtained relief from the mandatory 

minimum penalty more than twice as often as 

male offenders (44.2% compared to 21.0%).

Non-United States citizens obtained relief 

from the mandatory minimum more often 

than United States citizens (34.9% compared 

20.3%). 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 30

19.3% 20.1%

28.6%

39.3%

33.6%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

5 Years 7 Years 10 Years 30 Years Other

5 Years 7 Years 10 Years 30 Years Other

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 16. Substantial Assistance Rates for Offenders Convicted Under 18 U.S.C. § 924(c) 

By Length of Mandatory Minimum Penalty

Fiscal Year 2016

Substantial Assistance

Offenders convicted of an offense carrying 

a firearms mandatory minimum penalty are 

provided an incentive to plead guilty and 

cooperate with law enforcement officials. 

Namely, when the government files a motion 

indicating that the defendant has substantially 

cooperated, 18 U.S.C. § 3553(e) grants the 

court authority to impose a sentence below a 

mandatory minimum penalty.

Commission data indicates that the rate of 

substantial assistance increased as the length 

of the firearms mandatory minimum penalty 

increased. Approximately one-fifth of offenders 

facing a five-year (19.3%) and offenders facing 

a seven-year mandatory minimum penalty 

(20.1%) received substantial assistance, while 

28.6 percent of offenders facing a ten-year 

mandatory minimum penalty, and 39.3 percent 

of offenders facing a 30-year mandatory 

minimum penalty. Of offenders in the “Other” 

category (which includes life imprisonment), 

33.6 percent received substantial assistance.
 31

Section Four:

Data Analysis

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

164 mos.

109 mos.

182 mos.

151 mos.

95 mos.

166 mos.

0

50

100

150

200

250

300

350 months

Figure 17. Average Sentence Length for Offenders Convicted Under 18 U.S.C. § 924(c)

By Status of Relief from the Mandatory Minimum Penalty

Fiscal Years 2010 & 2016

FY 2010 FY 2016 FY 2010 FY 2016 FY 2010 FY 2016

Convicted Under 

18 U.S.C. § 924(c)

Relieved of 

18 U.S.C. § 924(c) Penalty

Subject to 

18 U.S.C. § 924(c) Penalty 

at Sentencing

Sentencing of Offenders Convicted Under 

18 U.S.C. § 924(c) 

Average Sentence Length

The Commission compared the average 

sentence length for all offenders convicted 

under section 924(c), offenders convicted 

of a single count under section 924(c), and 

offenders convicted of multiple counts under 

section 924(c). Within these categories, the 

Commission further compared offenders 

relieved from application of the mandatory 

minimum penalty under section 924(c) and 

offenders who remained subject to the section 

924(c) mandatory minimum penalty at 

sentencing. 

Average sentences have generally 

decreased for offenders convicted of an offense 

under section 924(c) since the Commission’s 

last Mandatory Minimum Report. In fiscal 

year 2016, the average sentence for offenders 

convicted under section 924(c) and relieved of 

the mandatory minimum penalty at sentencing 

was 95 months, which is nearly five years shorter 

than the average sentence for all offenders 

convicted of an offense under section 924(c) 

(151 months), and nearly six years shorter than 

the average sentence for 924(c) offenders who 

remained subject to the mandatory minimum 

penalty at sentencing (166 months).62
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 32

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

151 mos.

99 mos.

159 mos.

0

50

100

150

200

250

300

350

All 18 U.S.C. § 924(c) Offenders Convicted Under

Only 18 U.S.C. § 924(c)

Convicted Under

18 U.S.C. § 924(c) and Another

Offense

months

Figure 18. Average Sentence Length for Offenders Convicted Under 

18 U.S.C. § 924(c) and Additional Offenses of Conviction 

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

136 mos.

327 mos.

0

50

100

150

200

250

300

350

Convicted Under Single Count of

18 U.S.C. § 924(c)

Convicted of Multiple Counts Under

18 U.S.C. § 924(c)

months

Figure 19. Average Sentence Length for Offenders Convicted of Single and 

Multiple Counts Under 18 U.S.C. § 924(c) 

Fiscal Year 2016

As noted above, 14.5 percent of offenders 

were convicted under section 924(c) only, while 

85.5 percent were convicted of both an offense 

under section 924(c) and another offense. As 

set forth in Figure 18, the average sentence was 

significantly shorter for offenders who were 

convicted under section 924(c) only compared 

to offenders convicted under section 924(c) and 

another statute (99 months compared to 159 

months).63 This difference reflects the statutory 

requirement that the penalty for section 924(c) 

be imposed consecutive to any other term of 

imprisonment imposed on the offender. 

 As shown in Figure 19, offenders convicted 

of multiple counts under section 924(c) had 

considerably longer sentences than any other 

category. In fiscal year 2016, the average 

sentence for offenders convicted of multiple 

counts under section 924(c) was 327 months, 

nearly two and half times the average sentence 

for offenders convicted of a single count under 

section 924(c) (136 months). 

Even when they qualified for relief, 

multiple count 924(c) offenders received 

average sentences considerably longer than 

the average sentence for offenders relieved 

of a single count under section 924(c) (136 

months compared to 89 months). It is notable, 

however, that the average extent of reduction 

to an offender’s sentence as a result of relief 

was greater for offenders convicted of multiple 

counts under section 924(c). The average 

sentence for offenders relieved of a single 

count under section 924(c) was 39.8 percent 

shorter than for those who remained subject to 

the mandatory minimum penalty at sentencing 

(89 months compared to 148 months). In 

contrast, sentences for multiple count section 

924(c) offenders who received relief were 68.4 

percent shorter than for offenders who remained 

subject to the mandatory minimum penalty for 

multiple counts of section 924(c) (136 months 

compared to 431 months).
 33

Section Four:

Data Analysis

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

118 mos.

145 mos.

210 mos.

302 mos.

337 mos.

0

50

100

150

200

250

300

350

5 Years 7 Years 10 Years 30 Years Other

months

Figure 21. Average Sentence Length for Offenders Convicted 

Under 18 U.S.C. § 924(c) By Length of Mandatory Minimum Penalty

Fiscal Year 2016

Figure 20. Average Sentence Length for Offenders Convicted of 

Multiple Counts Under 18 U.S.C. § 924(c) 

By Status of Relief from the Mandatory Minimum Penalty

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

327 mos.

136 mos.

431 mos.

0

150

300

450

Convicted of Multiple Counts

Under 18 U.S.C. § 924(c)

Relieved of Multiple § 924(c)

Counts

Subject to Multiple § 924(c)

Counts

months

Finally, the average sentence for offenders 

convicted of multiple counts under section 

924(c) and subject to the mandatory minimum 

penalty was 431 months, more than three times 

the length of the average sentence for those 

relieved of the mandatory minimum penalty for 

multiple counts of section 924(c). 

Average sentences have decreased in each 

of these categories since the Commission’s last 

Mandatory Minimum Report. In fiscal year 

2010, average sentences were 151 months, 

182 months, and 109 months for offenders 

convicted of, subject to, and relieved of the 

mandatory minimum penalty, respectively. 

The average sentence for those convicted of 

multiple counts under section 924(c) in fiscal 

year 2010 was 351 months. 

The Commission next compared the 

average length of sentences imposed by the 

length of the mandatory minimum penalty the 

offender faced. As expected, average sentence 

lengths increased as the mandatory minimum 

penalty increased. For offenders facing a fiveyear mandatory minimum penalty, the average 

sentence was 118 months. The average 

sentence increased to 145 months for those 

facing a seven-year mandatory minimum, 210 

months for those facing a ten-year mandatory 

minimum, 302 months for those facing a 30-

year mandatory minimum, and 337 months for 

those facing a mandatory minimum penalty of 

a length other than five, seven, ten, or 30 years 

(including life imprisonment).

Finally, the Commission compared the 

average length of sentences imposed by race, 

citizenship, and gender. As shown in Figure 

22, when considering all offenders convicted 

under section 924(c), Other Race offenders 

(170 months) and Black offenders (165 

months) had the longest average sentences, 

followed by White offenders (140 months) and 

Hispanic offenders (130 months). Although 

Other Race offenders had the longest average 

sentences, they accounted for only 2.2 percent 

of all offenders convicted of an offense under 

section 924(c), while Black offenders made up 

52.6 percent.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 34

Figure 22. Average Sentence Length for Offenders Convicted Under 

18 U.S.C. § 924(c) By Selected Demographic Characteristics

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

140 mos.

165 mos.

130 mos.

170 mos.

151 mos.

127 mos.

151 mos.144 mos.

0

50

100

150

200

White Black Hispanic Other Male Female U.S.

Citizen

Non-U.S.

Citizen

months

Figure 23. Average Guideline Minimum and Average Sentence for Offenders Convicted Under 18 U.S.C. § 924(c)

Fiscal Years 1991 – 2016

0

50

100

150

200

250

300

350

400

450

Average Guideline Minimum Average Sentence

SOURCE: U.S. Sentencing Commission, 1991 through 2016 Datafiles, USSCFY91 – USSCFY16.

months

The average sentence for male offenders 

convicted of an offense under section 924(c) 

was two years longer than for female offenders 

(151 months compared to 127 months), while 

the average sentence for United States Citizen 

offenders was slightly longer than for nonUnited States Citizen offenders (151 months 

compared to 144 months).

Sentences Relative to the Guideline Range

As demonstrated in Figure 23, both the 

average guideline minimum and the average 

sentence for offenders convicted of an offense 

under section 924(c) have remained relatively 

stable over the past three decades. Throughout 

this time, the average guideline minimum has 

exceeded the average sentence by, on average, 

approximately 46 months. 

The rate at which the sentence imposed 

compares to the applicable guideline range 

varies by whether the offender was convicted of 

a single count or multiple counts under section 

924(c), and whether the offender was subject to 

the mandatory minimum penalty at sentencing. 
 35

Section Four:

Data Analysis

Convicted Under

18 U.S.C. § 924(c)

Subject to

18 U.S.C. § 924(c)

at Sentencing

Convicted of 

Multiple Counts Under

18 U.S.C. § 924(c)

Total (# of offenders) 1,976 1,548 156

SENTENCES RELATIVE TO THE GUIDELINE RANGE

Within Range 45.0% 57.4% 46.5%

Above Range 6.4% 8.2% 1.3%

Substantial Assistance §5K1.1 21.7% 0.0% 35.5%

Other Government Sponsored 

(no §5K1.1)

10.4% 13.3% 5.2%

Non-Government Sponsored 

Below Range 16.6% 21.1% 11.6%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Table 4. Sentences Relative to the Guideline Range for Offenders Convicted Under 18 U.S.C. § 924(c)

Fiscal Year 2016

All Federal Offenders

99.6%

(N=67,430)

Offenders Convicted of an 

Offense Carrying the Armed 

Career Criminal Act Mandatory 

Minimum Penalty

0.4%

(N=304)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

(N=67,742)

Figure 24. Offenders Convicted of an Offense Carrying the 

Armed Career Criminal Act Mandatory Minimum Penalty

Fiscal Year 2016

As shown in Table 4, the subset of offenders 

convicted of multiple counts under section 

924(c) was sentenced within the guideline 

range (46.5%) at a slightly higher rate than 

all offenders convicted under section 924(c) 

(45.0%). While that subset of multiple count 

offenders was more likely to have received a 

downward departure for providing substantial 

assistance to the government (35.5% compared 

to 21.7%), they were also less likely to receive 

an other government sponsored departure (5.2% 

compared to 10.4%) or a non-government 

departure (11.6% compared to 16.6%).

Although a court could not sentence 

offenders who remained subject to a 

mandatory minimum penalty below the 

applicable mandatory minimum penalty, such 

offenders were most likely to receive an other 

government sponsored (13.3%) or a nongovernment sponsored below range sentence 

(21.1%). These higher rates are likely due, in 

part, to the fact that courts often depart from 

guideline minima that fall above the applicable 

mandatory minimum penalty and many of 

these section 924(c) offenders were convicted 

of another offense for which the court is 

separately determining the applicable guideline 

range.64 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 36

FY 2010

626

FY 2016

304

0

500

1,000

1,500

2,000

2,500

3,000

Armed Career Criminal

SOURCE: U.S. Sentencing Commission, 1991 through 2016 Datafiles, USSCFY91 – USSCFY16.

Figure 25. Offenders Convicted of an Offense Carrying the Armed Career Criminal Act Mandatory Minimum Penalty 

Fiscal Years 1991 – 2016

Offenders convicted under section 924(c) 

(6.4%) and offenders convicted under section 

924(c) and subject to the mandatory minimum 

penalty (8.2%) are sentenced above the 

guideline range at a higher rate than all federal 

offenders (2.4%), while the opposite is true for 

offenders convicted of multiple counts under 

section 924(c) (1.3%).

Armed Career Criminal Act, 

18 U.S.C. § 924(e)

Prevalence of 18 U.S.C. § 924(e) Offenses

How Often Are Offenders Convicted of an 

Offense Carrying the Armed Career Criminal 

Act Mandatory Minimum Penalty?

Of the 67,742 offenders included in this 

analysis, 304 (0.4%) were armed career 

criminals under ACCA.65 Of those, 23 

offenders were also convicted of an offense 

under section 924(c).

The number of offenders who have qualified 

as armed career criminals under ACCA has 

decreased in recent years. In fiscal year 2016, 

304 offenders qualified for the ACCA penalty, a 

decrease from fiscal year 2010 (n=626) and the 

lowest number since fiscal year 2002 (n=292). 

The decrease accelerated in the most recent 

two fiscal years, with a 20.6 percent reduction 

in fiscal year 2015 and a 30.7 percent reduction 

in fiscal year 2016. 

Where Were Offenders Convicted of an 

Offense Carrying the Armed Career Criminal 

Act Mandatory Minimum Penalty?

ACCA cases were geographically 

concentrated in a few circuits. Of the 304 

ACCA cases in fiscal year 2016, 81 (26.6%) 

were from the district courts in the Eleventh 

Circuit, 54 (17.8%) were from the district 

courts in the Sixth Circuit, 54 were from 

district courts in the Eighth Circuit; and 44 

(14.5%) were from the district courts in the 
 37

Section Four:

Data Analysis

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Number of Offenders: No Offenders <50 50-99 100 or more

Figure 26. Geographic Distribution of Offenders Convicted of an Offense Carrying the 

Armed Career Criminal Act Mandatory Minimum Penalty

Fiscal Year 2016

Fourth Circuit. Thus, district courts in four 

circuits accounted for three-quarters of the 

cases that involved an offender sentenced as an 

armed career criminal. This, however, is less 

concentrated than in fiscal year 2010, when the 

Fourth (27.0%) and Eleventh (19.8%) circuits 

alone accounted for nearly half of the cases.

In fiscal year 2016, nine districts reported 

almost half (48.0%) of the ACCA cases: Middle 

Florida (10.9%, n=33); Southern Florida 

(8.2%, n=25); Eastern Missouri (6.3%, n=19); 

Eastern Tennessee (5.3%, n=16); Northern 

Ohio (3.6%, n=11); Minnesota (3.6%, n=11); 

Western North Carolina (3.6%, n=11); Western 

Missouri (3.3%, n=10); and South Carolina 

(3.3%, n=10). Thirty-one districts reported no 

ACCA cases, while 19 districts reported one. 

Plea and Trial Rates

Offenders who qualified as armed career 

criminals were more likely to proceed to trial 

than offenders convicted under 18 U.S.C. 

§ 924(c) or offenders convicted of an offense 

carrying any mandatory minimum penalty. 

In fiscal year 2016, 13.5 percent (n=41) of 

offenders convicted of an offense carrying the 

ACCA penalty proceeded to trial, compared 

to 9.8 percent (n=193) of offenders convicted 

under section 924(c), 5.2 percent (n=712) of 

all offenders convicted of an offense carrying 

any mandatory minimum penalty, and only 2.7 

percent of all federal offenders. 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 38

(N=304)

White

23.7%

Black

70.4%

Hispanic

4.3%

Other

1.6%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 27. Race of Offenders Convicted of an Offense Carrying 

the Armed Career Criminal Act Mandatory Minimum Penalty

Fiscal Year 2016

Table 5. Gender and Citizenship of Offenders Convicted of an Offense Carrying the 

Armed Career Criminal Act Mandatory Minimum Penalty

Fiscal Year 2016

All Offenders Convicted of 

an Offense Carrying the 

Armed Career Criminal 

Mandatory Minimum Penalty

Subject to 

Armed Career Criminal 

Mandatory Minimum Penalty

Total (# of offenders) 304 244

GENDER

Male 99.7% 99.6%

Female 0.3% 0.4%

CITIZENSHIP

U.S. Citizen 100.0% 100.0%

Non-U.S. Citizen 0.0% 0.0%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Offender Demographics

Race, Gender, and Citizenship

 In fiscal year 2016, Black offenders 

continued to represent the majority of offenders 

(70.4%) who qualified as armed career criminals, 

while nearly a quarter were White offenders 

(23.7%). Few were Hispanic offenders (4.3%) 

or Other Race offenders (1.6%). The percentage 

of Black offenders convicted of an offense 

carrying the ACCA mandatory minimum 

penalty increased 6.7 percentage points from 

63.7 percent in fiscal year 2010 to 70.4 percent 

in fiscal year 2016. The proportion of Black 

offenders convicted of an offense carrying the 

ACCA mandatory minimum penalty is much 

larger than the percentage of Black offenders 

convicted of an offense carrying any mandatory 

minimum penalty (29.7%). The reverse is true 

for Hispanic offenders (4.3% convicted of an 

offense carrying the ACCA penalty compared 

to 40.4% convicted of an offense carrying any 

mandatory minimum penalty). 

All offenders convicted of an offense 

carrying the ACCA penalty were United States 

citizens (100%), which is consistent with the 

requirement that an offender must have three 

qualifying predicate convictions for the ACCA 

penalty to apply. 

In fiscal year 2016, all but one offender 

convicted of an offense carrying the ACCA 

penalty was male (99.7%, n=303); there was 

only one female ACCA offender (0.3%). 
 39

Section Four:

Data Analysis

Figure 28. Age of Offenders Convicted of an Offense Carrying 

the Armed Career Criminal Act Mandatory Minimum Penalty

Fiscal Year 2016

Younger than 21

0.3%

(N=1) Ages 21 to 25

5.3%

(N=16)

Ages 26 to 30

17.1%

(N=52)

Ages 31 to 35

20.7%

(N=63)

Ages 36 to 40

20.7%

(N=63)

Ages 41 to 50

24.3%

(N=74)

Ages 51 to 60

9.9%

(N=30)

Older than 60

1.6%

(N=5)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

CHC I

0.7%

CHC II

2.0% CHC III

10.2%

CHC IV

18.1%

CHC V

24.0%

CHC VI

45.1%

CHC IV

15.5%

CHC V

12.5%

CHC VI

72.0%

(N=304)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Armed Career Criminal Act

Before Application of 

Armed Career Criminal Act

Figure 29. Criminal History Category of Offenders Convicted of an Offense Carrying the 

Armed Career Criminal Act Mandatory Minimum Penalty

Fiscal Year 2016

Age

Armed career criminals were evenly 

distributed throughout age brackets 26 through 

50, with fewer younger than 26 or older than 

50, and the same number of offenders in age 

bracket 31 through 35 (n=63), and age bracket 

36 through 40 (n=63). The largest group of 

offenders was in age bracket 41 to 50 (n=74). 

Criminal History

The ACCA guideline, at §4B1.4, requires 

that all offenders subject to the ACCA 

mandatory minimum penalty have a CHC of IV 

or higher.66 Consistent with this requirement, 

nearly three-quarters of offenders subject to the 

ACCA mandatory minimum penalty fell into 

CHC VI (72.0%), while the remaining offenders 

fell into CHC IV (15.5%) and V (12.5%).

Even prior to application of the ACCA 

guideline, most armed career criminals would 

have still fallen into categories IV, V, or VI. The 

largest proportion of offenders would have been 

CHC VI (45.1%), while 18.1 and 24.0 percent 

would have fallen in categories IV and V, 

respectively. Nevertheless, without application 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 40

Relieved of Mandatory 

Minimum Penalty

19.7%

(N=60)

No Relief

80.3%

(N=244)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

(N=304)

Figure 30. Offenders Convicted of an Offense Carrying the 

Armed Career Criminal Act Mandatory Minimum Penalty 

By Status of Relief 

Fiscal Year 2016

23.8% 23.7%

31.1%

71.7% 70.4%

35.5%

3.7% 4.3%

30.9%

0.8% 1.6% 2.5%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Subject to Armed Career Criminal Act

Mandatory Minimum Penalty

at Sentencing

Convicted of Offense Carrying

Armed Career Criminal Act

Mandatory Minimum Penalty

Subject to Any

Mandatory Minimum Penalty

at Sentencing

White Black Hispanic Other

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 31. Race of Offenders Subject to the Armed Career Criminal Act Mandatory Minimum Penalty at Sentencing

Fiscal Year 2016

of the armed career criminal guideline, 12.8 

percent of ACCA offenders would have been in 

CHC I (0.7%), II (2.0%), or III (10.2%).67

Relief from Mandatory Minimum Penalties

Of the 304 offenders convicted of an offense 

carrying the ACCA mandatory minimum 

penalty, 60 (19.7%) received relief, while more 

than three-quarters (80.3%, n=244) did not 

receive relief. 

As with section 924(c) offenses, Black 

offenders represented the largest proportion of 

offenders who remained subject to the ACCA 

mandatory minimum penalty at sentencing 

(71.7%), followed by White offenders (23.8%), 

Hispanic offenders (3.7%), and Other Race 

offenders (0.8%).

Although Black offenders made up the 

majority of offenders subject to the ACCA 

mandatory minimum penalty, this appears to be 

a function of the frequency with which Black 
 41

Section Four:

Data Analysis

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

80.3% 80.6% 81.8%

69.2%

40.0%

19.7% 19.4% 18.2%

30.8%

60.0%

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

All Offenders Convicted of

an Offense Carrying the

Armed Career Criminal Act

Mandatory Minimum

Penalty

White Black Hispanic Other

Subject to Armed Career Criminal Act Penalty Relieved of Armed Career Criminal Act Penalty

Figure 32. Percentage of Offenders Convicted of an Offense Carrying the Armed Career Criminal Act Mandatory 

Minimum Penalty

Fiscal Year 2016

offenders were convicted of these offenses. As 

seen in Figure 31, the percentage of offenders 

subject to the mandatory minimum penalty was 

consistent with the conviction rates for each 

demographic group. 

There were, however, differences in 

demographics for ACCA offenders compared 

with offenders convicted of an offense carrying 

any mandatory minimum penalty. Black 

offenders represented a significantly higher 

percentage of offenders subject to the ACCA 

penalty than they did of offenders convicted of 

an offense carrying any mandatory minimum 

penalty (71.7% compared to 35.5%). The 

opposite was true for White offenders (23.8% 

compared to 31.1%).

The similarity between the demographic 

distribution of offenders convicted of an offense 

carrying the ACCA penalty and subject to the 

penalty at sentencing is explained by Figure 32, 

which shows that there was little difference in 

relief rates between White and Black offenders 

(19.4% and 18.2%, respectively). Both 

Hispanic and Other Race offenders had higher 

relief rates (30.8% and 60.0%, respectively), 

but they represent a very small percentage 

of offenders who qualified as armed career 

criminals (4.3% and 1.6%, respectively). 

Only one female offender was convicted 

of an offense carrying the ACCA mandatory 

minimum penalty in fiscal year 2016, and she 

did not receive relief. About one-fifth of male 

offenders (19.7%) received relief.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 42

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

191 mos.

122 mos.

210 mos.

182 mos.

112 mos.

200 mos.

0

50

100

150

200

250

300

350 months

Figure 33. Average Sentence Length for Offenders Convicted of an Offense Carrying the 

Armed Career Criminal Act Mandatory Minimum Penalty By Status of Relief

Fiscal Years 2010 & 2016

FY 2010 FY 2016 FY 2010 FY 2016 FY 2010 FY 2016

Convicted of 

Armed Career Criminal Act

Mandatory Minimum Penalty

Relieved of 

Armed Career Criminal Act

Mandatory Minimum Penalty

Subject to 

Armed Career Criminal Act

Mandatory Minimum Penalty

Sentencing of Armed Career Criminals

Average Sentence Length

As was the case with section 924(c) 

offenders, average sentences have generally 

decreased for offenders convicted of an offense 

carrying the ACCA mandatory minimum 

penalty since the Commission’s last Mandatory 

Minimum Report. As reflected in Figure 33, 

offenders convicted of an offense carrying the 

ACCA penalty received average sentences of 

182 months in fiscal year 2016. By comparison, 

offenders in fiscal year 2010 received average 

sentences of 191 months.

In fiscal year 2016, the average sentence 

for offenders who remained subject to the 

mandatory minimum penalty at sentencing 

was 200 months, significantly longer than 

the average sentence for offenders relieved 

of this mandatory minimum penalty (112 

months). The average sentences for both of 

these categories—offenders who were relieved 

of and those who remained subject to the 

mandatory minimum penalty—were shorter 

than the average sentences in fiscal year 2010. 

In fiscal year 2010, the average sentence for 

offenders subject to the mandatory minimum 

penalty was 210 months; and for those relieved 

of the mandatory minimum penalty was 122 

months.
 43

Section Four:

Data Analysis

Figure 34. Average Sentence Length for Offenders Convicted of an Offense Carrying 

the Armed Career Criminal Act Mandatory Minimum Penalty by Race

Fiscal Year 2016

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

178 mos. 185 mos.

173 mos.

147 mos.

0

50

100

150

200

White Black Hispanic Other

months

Table 6. Sentences Relative to the Guideline Range of Offenders Convicted of an 

Offense Carrying the Armed Career Criminal Act Mandatory Minimum Penalty

Fiscal Year 2016

All Offenders Convicted of 

an Offense Carrying the 

Armed Career Criminal 

Mandatory Minimum Penalty

Subject to 

Armed Career Criminal 

Mandatory Minimum Penalty

Total (# of offenders) 304 244

SENTENCES RELATIVE TO THE GUIDELINE RANGE

Within Range 52.0% 64.8%

Above Range 1.3% 1.6%

Substantial Assistance §5K1.1 19.7% 0.0%

Other Government Sponsored 

(no §5K1.1) 8.6% 10.7%

Non-Government Sponsored Below 

Range 18.4% 23.0%

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

The Commission also compared average 

sentence lengths by race. Black offenders 

received the longest sentences (185 months), 

followed by White offenders (178 months), 

Hispanic offenders (173 months), and Other 

Race offenders (147 months).

Sentences Relative to the Guideline Range

As shown in Table 6, offenders who were 

subject to the mandatory minimum penalty at 

sentencing were more likely (64.8%) to receive 

a sentence within the guideline range than all 

offenders convicted of an offense carrying 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 44

Within Range

34.9%

Above Range

1.8%

Gov't Sponsored 

Below Range

29.5%

Non-Gov't 

Sponsored 

Below Range

33.7%

Guideline Minimum 

Above 

Statutory Minimum

54.6%

(N=166)

Guideline Minimum 

Below or Equal to 

Statutory Minimum

45.4%

(N=138)

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16.

Figure 35. Sentences Relative to the Guideline Range for Offenders Convicted of an Offense Carrying the 

Armed Career Criminal Act Mandatory Minimum Penalty

Fiscal Year 2016

the ACCA penalty (52.0%). Offenders who 

remained subject to the ACCA mandatory 

minimum penalty at sentencing, however, were 

more likely to receive a government sponsored 

or non-government sponsored below range 

sentence than the larger group of offenders 

convicted of an offense carrying the ACCA 

mandatory minimum penalty. 

These higher rates are likely due, in part, to 

the fact that courts often depart from guideline 

minima that fall above the applicable mandatory 

minimum penalty even where they are unable 

to go below the applicable mandatory minimum 

penalty. 

As reflected in Figure 35, the majority of 

offenders who were convicted of an offense 

carrying the ACCA mandatory minimum 

penalty (54.6%) had a guideline minimum 

above the statutory minimum sentence. In 

these cases, while courts were bound by the 

minimum penalty, they were free to sentence 

below the otherwise applicable guideline range. 

In such instances, the within guideline range 

rate fell to 34.9 percent, lower than the overall 

rate in fiscal year 2016 (46.4%). Conversely, 

both the non-government sponsored and 

government sponsored below range increased 

to 33.7 percent and 29.5 percent, respectively. 

Impact of Firearms Mandatory Minimum 

Penalties on the Federal Prison Population

This section explores the continuing impact 

of firearms mandatory minimum penalties 

on the overall prison population, including 

analysis regarding the size and composition of 

the federal prison population convicted of an 

offense carrying a firearms mandatory minimum 

penalty by race, gender, and citizenship. For 

this analysis, the Commission obtained prisoner 

data from the Bureau of Prisons to compare 

to Commission data. By merging the two 

datasets, the Commission created snapshots 

of the federal prison population at different 

points in time, including what percentage of 

prisoners were convicted of violating a statute 
 45

Section Four:

Data Analysis

containing a mandatory minimum penalty, and 

what percentage of prisoners were subject to a 

mandatory minimum penalty at sentencing.

As discussed in the 2017 Overview

Publication, many of the changes in the prison 

population were likely the result of changes 

in charging practices discussed above, as well 

an overall decrease in the federal caseload.68

In addition, the reduction in the population 

of offenders convicted of an offense carrying 

the ACCA penalty between fiscal years 2015 

and 2016 is also likely a result of the Supreme 

Court’s decisions in Johnson v. United States69

and Welch v. United States.

70 The full impact 

of these changes—particularly those resulting 

from the change in charging policies—will not 

be seen for many years, as offenders sentenced 

between 2010 and 2016 serve out their 

sentences.71 Some of these offenders received 

shorter sentences than they would have under 

different policies, and therefore their release 

could continue to impact the makeup of the 

prison population in future years. However, 

the extent to which the Department of Justice’s 

recent decision to refocus its efforts on 

prosecuting the most serious, readily provable 

offense will reverse the trends seen in the data 

below remains unclear.

Federal Firearms Offender Population 

Overall

There have been significant changes to the 

federal prison population over the past 25 years. 

There was a steady increase in the total number 

of offenders in the federal prison population 

from 1995 through 2012,72 which was the result 

of several factors, including the scope and use 

of mandatory minimum penalties.73 However, 

in recent years, this trend has reversed. Since 

the high point at the end of 2012, the number 

of federal inmates fell to 196,455 on December 

31, 2015.74

While the number of firearms offenders 

has decreased over time, firearms offenders 

continued to contribute significantly to the 

federal prison population. As of September 30, 

2016, there were 166,771 offenders in the total 

BOP population. Of these, 24,905 (14.9%) were 

firearms offenders.75 The number of firearms 

offenders has decreased in the past two years, 

from a high of 26,537 as of September 30, 2014 

to 24,905 as of September 30, 2016. Prior to 

that it had steadily increased from 8,636 as of 

September 30, 1995. 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 46

0

5,000

10,000

15,000

20,000

25,000

18 U.S.C. § 924(c) Armed Career Criminal

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 36. Number of 18 U.S.C. § 924(c) and Armed Career Criminal Act Offenders in Federal Prison

At the End of Fiscal Years 1995 – 2016

In particular, as depicted in Figure 36, 

the number of federal inmates convicted of 

an offense under section 924(c) gradually 

increased between fiscal years 2010 and 2015 

(from 19,193 as of September 30, 2010, to 

20,197 as of September 30, 2015). In fiscal 

year 2016, that number decreased to 19,399. 

Likewise, during the same time period, the 

number of offenders who qualified as armed 

career criminals increased from 5,524 at the 

end of fiscal year 2010, to 6,333 at the end of 

fiscal year 2015, before decreasing to 5,506 

as of September 30, 2016, the lowest number 

since 2008 (n=4,458). Changes related to 

the charging and sentencing of mandatory 

minimum penalties, as well as the retroactive 

application of Johnson v. United States76 likely 

explain this trend.

The rate of relief for firearms offenders, 

though relatively stable throughout most of the 

study period, has decreased in recent years. As 

reflected in Figure 37, 18.1 percent of section 

924(c) offenders in prison had been relieved of 

the mandatory minimum penalty at sentencing 

in fiscal year 2010. This percentage decreased 

each year, reaching a low of 14.9 percent in 

fiscal year 2016. 
 47

Section Four:

Data Analysis

0%

20%

40%

60%

80%

100%

Relieved of Armed Career Criminal Act

Penalty

Subject to Armed Career Criminal Act

Penalty

Figure 38. Percentage of Armed Career Criminal Act Offenders in Federal Prison

By Status of Relief from the Mandatory Minimum Penalty

At the End of Fiscal Years 1995 – 2016

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

0%

20%

40%

60%

80%

100%

Relieved of 18 U.S.C. § 924(c) Penalty

Subject to 18 U.S.C. § 924(c) Penalty

Figure 37. Percentage of 18 U.S.C. § 924(c) Offenders in Federal Prison 

By Status of Relief from the Mandatory Minimum Penalty 

At the End of Fiscal Years 1995 – 2016

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Similarly, the rate of relief for offenders 

who qualified as armed career criminals 

remained relatively stable for the past two 

decades, though it has decreased slightly in 

recent years. As of September 30, 2010, 11.4 

percent of offenders in prison who qualified as 

armed career criminals received relief from the 

mandatory minimum penalty, which compares 

to 10.4 percent as of September 30, 2016. 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 48

Federal Firearms Population – By Race

18 U.S.C. § 924(c)

 In fiscal year 2016, the populations of 

section 924(c) offenders in prison in each racial 

group experienced decreases, following nearly 

two decades of growth for each group except 

White offenders. Black offenders made up the 

largest group of section 924(c) offenders in 

prison. The number of Black section 924(c) 

offenders in prison steadily increased between 

the end of fiscal years 1995 (n=4,132) and 2014 

(n=11,191), before decreasing to 10,777 as of 

September 30, 2016. White offenders had been 

the second largest group, but were surpassed 

by Hispanic offenders in fiscal year 2015. The 

number of White offenders in prison convicted 

under section 924(c) increased from 2,294 at 

the end of fiscal year 1995 to a high of 4,638 

at the end of fiscal year 2010. It then steadily 

decreased to 3,791 at the end of fiscal year 2016. 

Meanwhile, the number of Hispanic section 

924(c) offenders increased to a high of 4,341 

at the end of fiscal 2015, before decreasing 

to 4,232 at the end of fiscal year 2016. The 

number of Other Race section 924(c) offenders 

in prison, while always relatively small, 

gradually increased from 134 offenders as of 

September 30, 1995, to a high of 601 offenders 

as of September 30, 2014, before decreasing 

during fiscal year 2016 (n=548). 

The percentage of offenders in prison 

subject to a mandatory minimum penalty under 

section 924(c) has remained between 75.6 and 

89.3 percent over the past two decades for all 

racial groups—significantly higher rates than 

those for offenders in prison who were subject 

to any mandatory minimum penalty (42.7% as 

of September 30, 2016).77 At the end of fiscal 

year 2016, 87.6 percent of Hispanic section 

924(c) offenders in prison were subject to the 

mandatory minimum penalty at sentencing, 

followed by Other Race offenders (86.1%), 

Black offenders (84.2%), and White offenders 

(82.4%). 
 49

Section Four:

Data Analysis

0

5,000

10,000

15,000

20,000

White Black Hispanic Other

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 39. Number of 18 U.S.C. § 924(c) Offenders in Federal Prison by Race 

At the End of Fiscal Years 1995 – 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

White Black Hispanic Other

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 40. Percentage of 18 U.S.C. § 924(c) Offenders in Federal Prison Subject to the Mandatory Minimum 

Penalty at Sentencing by Race 

At the End of Fiscal Years 1995 – 2016
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 50

Armed Career Criminal Act, 18 U.S.C. § 924(e)

At the end of fiscal year 2016, the 

populations of ACCA offenders in prison 

in each racial group experienced decreases, 

following almost two decades of increases. 

Black offenders continued to be the largest 

group of ACCA offenders in prison. The 

number of Black offenders who qualified as 

armed career criminals steadily increased 

between the end of fiscal year 1995 (n=478) 

and the end of fiscal year 2015 (3,942). That 

number decreased to 3,521 at the end of fiscal 

year 2016. The population of White offenders 

in prison who qualified as an armed career 

criminal followed a similar pattern, though it 

grew less substantially from 442 at the end of 

fiscal year 1995, to a high of 1,908 at the end of 

fiscal year 2014. It then decreased to 1,546 at 

the end of fiscal year 2016. Hispanic and Other 

Race offenders also followed a similar pattern 

but with much smaller populations.78

The percentage of ACCA offenders in 

prison subject to a mandatory minimum 

penalty has remained between 77.3 and 87.3 

percent since the end of fiscal year 2010 for all 

racial groups—significantly higher rates than 

those for offenders in prison who were subject 

to any mandatory minimum penalty (42.7% as 

of September 30, 2016).79 At the end of fiscal 

year 2016, 87.3 percent of Black offenders 

who qualified as an armed career criminal were 

subject to the mandatory minimum penalty 

at sentencing, followed by White offenders 

(87.2%), Hispanic offenders (86.0%), and 

Other Race offenders (81.4%).
 51

Section Four:

Data Analysis

0

1,000

2,000

3,000

4,000

5,000

White Black Hispanic Other

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 41. Number of Armed Career Criminal Act Offenders in Federal Prison by Race

At the End of Fiscal Years 1995 – 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

White Black Hispanic Other

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 42. Percentage of Armed Career Criminal Act Offenders in Federal Prison Subject to the Mandatory Minimum 

Penalty at Sentencing by Race 

At the End of Fiscal Years 1995 – 2016
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 52

Federal Firearms Population – By Gender

18 U.S.C. § 924(c)

As reflected in Figure 43, the number of 

male offenders convicted under section 924(c) 

in federal prison decreased from a high of 

19,752 at the end of fiscal year 2015, to 18,981 

at the end of fiscal year 2016. This decrease 

followed a steady increase from 7,350 at the 

end of fiscal year 1995. The population of 

female offenders convicted under section 

924(c) in prison was significantly smaller and 

has decreased slightly in recent years. As of 

September 30, 2016, there were 413 female 

section 924(c) offenders in prison, a decrease 

from fiscal year 2010 (n=451).

The percentage of male section 924(c) 

offenders in prison who remained subject to 

the mandatory minimum penalty remained 

steady from fiscal year 1995 (80.9%) through 

fiscal year 2007 (79.5%) and has gradually 

increased since. At the end of fiscal year 

2016, 85.0 percent of male offenders in prison 

convicted under section 924(c) were subject to 

the mandatory minimum penalty at sentencing. 

This is 41.1 percentage points higher than 

male offenders subject to any mandatory 

minimum penalty at sentencing (43.9%).80 The 

percentage of female section 924(c) offenders in 

prison subject to the section 924(c) mandatory 

minimum penalty, though always lower than 

the percentage of male offenders, has slightly 

increased since fiscal year 2008 (65.6%). As 

of the end of fiscal year 2016, 68.2 percent of 

female offenders in prison remained subject to 

the section 924(c) mandatory minimum penalty 

at sentencing, which is significantly higher 

than female offenders subject to any mandatory 

minimum penalty at sentencing (27.0%).81
 53

Section Four:

Data Analysis

0

6,000

12,000

18,000

24,000

30,000

Male Female

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 43. Number of 18 U.S.C. § 924(c) Offenders in Federal Prison by Gender 

At the End of Fiscal Years 1995 – 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Male Female

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 44. Percentage of 18 U.S.C. § 924(c) Offenders in Federal Prison Subject to the Mandatory Minimum 

Penalty at Sentencing by Gender 

At the End of Fiscal Years 1995 – 2016
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 54

Armed Career Criminal Act, 18 U.S.C. § 924(e)

The number of male offenders in prison 

who were convicted of an offense carrying the 

ACCA penalty steadily increased from 986 as 

of September 30, 1995, to a high of 6,296 as of 

September 30, 2015, before decreasing to 5,474 

as of September 30, 2016. By comparison, 

there were five female offenders at the end of 

fiscal year 1995, 37 at the end of fiscal year 

2013, and 32 as of September 30, 2016. 

The rate of relief for male offenders in prison

who were convicted of an offense carrying the 

ACCA penalty remained stable throughout the 

study period, while it has fluctuated for female 

offenders. From the end of fiscal year 1995, 

through the end of fiscal year 2016, between 

84.9 and 87.1 percent of male ACCA offenders 

in prison remained subject to the mandatory 

minimum penalty. At the end of fiscal year 

2016, 87.1 percent of male ACCA offenders 

in prison remained subject to the mandatory 

minimum penalty; only 12.9 percent of male 

ACCA offenders in prison received relief. The 

variation in the relief rates for female offenders 

in prison was much wider, ranging from a high 

of 33.3 percent at the end of fiscal years 1996 

and 1998, to a low of ten percent at the end 

of 2006. In fiscal year 2016, 12.5 percent of 

female ACCA inmates received relief, nearly 

the same percentage as male ACCA offenders.
 55

Section Four:

Data Analysis

0

2,000

4,000

6,000

8,000

10,000

Male Female

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 45. Number of Armed Career Criminal Act Offenders in Federal Prison by Gender 

At the End of Fiscal Years 1995 – 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

Male Female

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 46. Percentage of Armed Career Criminal Act Offenders in Federal Prison Subject to the Mandatory 

Minimum Penalty at Sentencing by Gender

At the End of Fiscal Years 1995 – 2016
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 56

Federal Firearms Population – By 

Citizenship

18 U.S.C. § 924(c)

The number of United States Citizen 

offenders convicted under section 924(c) in 

federal prison steadily increased during most of 

the study period, reaching a high of 18,127 at 

the end of fiscal year 2015. In fiscal year 2016, 

this number decreased to 17,530. The number 

of non-United States Citizen 924(c) offenders, 

though always substantially lower in number, 

followed a similar pattern, increasing from 816 

at the end of fiscal year 1995, to a high of 2,193 

at the end of fiscal year 2012, before decreasing 

to 1,827 as of September 30, 2016.

The percentages of both United States 

and non-United States Citizen section 924(c) 

offenders who remained subject to the 

mandatory minimum penalty has remained 

stable throughout the study period, between 

78.5 percent and 86.0 percent. However, the 

rates of relief for both United States Citizen and 

non-United States Citizen inmates convicted 

under section 924(c) reached its lowest point at 

the end of fiscal year 2016, (15.5% and 14.0% 

receiving relief, respectively).
 57

Section Four:

Data Analysis

0

5,000

10,000

15,000

20,000

U.S. Citizen Non-U.S. Citizen

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 47. Number of 18 U.S.C. § 924(c) Offenders in Federal Prison by Citizenship 

At the End of Fiscal Years 1995 – 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

U.S. Citizen Non-U.S. Citizen

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 48. Percentage of 18 U.S.C. § 924(c) Offenders in Federal Prison Subject to the Mandatory Minimum 

Penalty at Sentencing by Citizenship 

At the End of Fiscal Years 1995 – 2016
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 58

Armed Career Criminal Act, 18 U.S.C. § 924(e)

The number of United States Citizen 

offenders who were convicted of an offense 

carrying the ACCA penalty in federal prison 

steadily increased during most of the study 

period, reaching a high of 6,266 at the end of 

fiscal year 2015. In fiscal year 2016, this number 

decreased to 5,452. The number of non-United 

States Citizen armed career criminals, though 

always substantially lower in number, followed 

a similar pattern, increasing from 18 at the end 

of fiscal year 1995, to a high of 66 at the end of 

fiscal year 2013, before decreasing to 52 as of 

September 30, 2016. 

The percentage of United States Citizen 

ACCA offenders who remained subject to the 

mandatory minimum penalty has remained 

stable throughout the study period, between 

84.7 percent and 87.1 percent. The rates for 

non-United States Citizen were consistently 

higher during the study period, approaching 

100.0 percent in the early part of the study 

period before settling around 90.0 percent in 

recent years.
 59

Section Four:

Data Analysis

0

2,000

4,000

6,000

8,000

10,000

U.S. Citizen Non-U.S. Citizen

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 49. Number of Armed Career Criminal Act Offenders in Federal Prison by Citizenship

At the End of Fiscal Years 1995 – 2016

0.0%

20.0%

40.0%

60.0%

80.0%

100.0%

U.S. Citizen Non-U.S. Citizen

SOURCE: U.S. Sentencing Commission, and Bureau of Prisons Combined 2016 Datafiles, USSCBOP.

Figure 50. Percentage of Armed Career Criminal Act Offenders in Federal Prison Subject to the Mandatory 

Minimum Penalty at Sentencing by Citizenship

At the End of Fiscal Years 1995 – 2016
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 60
5 Conclusion 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 62

Conclusion

Since the Commission’s 2011 Mandatory 

Minimum Report, there have been significant 

prosecutorial changes, as well as judicial 

opinions affecting the use of mandatory 

minimum penalties in general, and firearms 

mandatory minimum penalties in particular. 

In 2010, the Department of Justice issued 

guidance instructing that while a prosecutor 

“should ordinarily charge” the most serious 

offense, the charging decision requires an 

individual assessment of the facts of the case, 

considering the purpose of federal criminal 

laws and the best use of federal resources. This 

memorandum instructed prosecutors to make 

the same individualized assessment in plea 

bargaining and sentencing. Then, in 2015, in 

United States v. Johnson, the Supreme Court 

invalidated the “residual clause” of the Armed 

Career Criminal Act, eliminating this clause 

as a basis under which a prior conviction can 

qualify as predicate conviction. These changes 

are reflected in the data trends reported in this 

publication, including a significant decrease in 

the number of offenders convicted of an offense 

carrying a firearms mandatory minimum since 

fiscal year 2010. 

At the same time, firearms mandatory 

minimum penalties continue to have a 

significant impact on the sentencing of firearms 

offenders. Offenders convicted under the two 

statutes carrying firearms mandatory minimum 

penalties—18 U.S.C. § 924(c) and the Armed 

Career Criminal Act, 18 U.S.C. § 924(e)—

receive considerably longer sentences than 

offenders convicted of an offense carrying any 

mandatory minimum penalty. Offenders who 

are convicted of multiple offenses under section 

924(c) receive even longer sentences, nearly 

three times as long as offenders convicted of 

an offense carrying any mandatory minimum 

penalty. As a result of these long sentences, 

offenders convicted of firearms mandatory 

minimum penalties continued to represent a 

sizable portion of the federal prison population 

as of September 30, 2016. 
Endnotes
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 64

1 U.S. Sentencing Comm’n, Overview of Mandatory Minimum Penalties in the Federal Criminal 

Justice System (July 2017) [hereinafter 2017 Overview Publication], available at https://www.ussc.gov/sites/

default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf.

2 U.S. Sentencing Comm’n, Mandatory Minimum Penalties for Drug Offenses in the Federal 

Criminal Justice System (Oct. 2017), available at https://www.ussc.gov/sites/default/files/pdf/research-andpublications/research-publications/2017/20171025_Drug-Mand-Min.pdf.

3 U.S. Sentencing Comm’n, 2011 Report to Congress: Mandatory Minimum Penalties in the Federal 

Criminal Justice System [hereinafter 2011 Mandatory Minimum Report], available at https://www.ussc.gov/

research/congressional-reports/2011-report-congress-mandatory-minimum-penalties-federal-criminal-justicesystem.

4 The Commission submitted the 2011 Mandatory Minimum Report pursuant to the statutory directive 

contained in section 4713 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. See

Division E of the National Defense Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123 Stat. 2190, 

2843 (enacted October 28, 2009). The Commission also submitted its 2011 Mandatory Minimum Report pursuant 

to its general authority under 28 U.S.C. §§ 994–995, and its specific authority under 28 U.S.C. § 995(a)(20) which 

provides that the Commission shall have authority to “make recommendations to Congress concerning modification 

or enactment of statutes relating to sentencing, penal, and correctional matters that the Commission finds to be 

necessary and advisable to carry out an effective, humane, and rational sentencing policy.”

5 A detailed historical discussion of statutory mandatory minimum penalties for firearms offenses is 

presented in the Commission’s 2011 Mandatory Minimum Report, supra note 3, at 25–26.

6 In fiscal year 2016, 16.8% (n=2,280) of all offenders convicted of an offense carrying a mandatory minimum 

penalty (n=13,604) were specifically convicted of a firearms mandatory minimum. See infra. Figure 1. While offenses 

that involved only a firearms mandatory minimum penalty (and no other offense carrying a mandatory minimum 

penalty) accounted for 5.7% of all offenses carrying a mandatory minimum penalty, the total number of offenses 

that involved a firearms mandatory minimum penalty, including those offenses that also involved another offense 

carrying a mandatory minimum penalty other than a firearms mandatory minimum penalty (e.g., drug offenses), was 

larger. See 2017 Overview Publication, supra note 1, at 34 & Figure 7. 

7 The statute defines a “crime of violence” as any felony that “has as an element the use, attempted use, or 

threatened use of physical force against the person or property of another,” or “that by its nature involves a substantial 

risk that physical force against the person or property of another may be used in the course of committing the 

offense.” A “drug trafficking crime” is defined as any felony that is punishable under the Controlled Substances Act, 

codified at 21 U.S.C. 801 et seq., or the Controlled Substances Import and Export Act, codified at 21 U.S.C. 951, et 

seq., or Chapter 705 of title 46 of the United States Code. 18 U.S.C. § 924(c)(2)–(3).

8 18 U.S.C. § 924(c)(1)(A).

9 Id. § 924(c)(1)(B).

10 Id. § 924(c)(1)(D).
 65

Endnotes

11 570 U.S. 99 (2013).

12 Id.

13 536 U.S. 545 (2002) (determination of whether defendant “brandished” the firearm rather than merely 

carried it was a sentencing factor properly determined by the court), overruled by Alleyne v. United States, 570 U.S. 

99 (2013).

14 Compare, e.g., Harris v. United States, 536 U.S. 545 (2002) (whether the defendant brandished the firearm, 

triggering a seven-year mandatory minimum sentence is a sentencing factor) with United States v. O’Brien, 130 S. Ct. 

2169 (2010) (whether the offense involved a machinegun, triggering the 30-year mandatory minimum penalty, is an 

element of the offense).

15 The mandatory minimum penalty for a second or subsequent violation of section 924(c) is 25 years of 

imprisonment. See 18 U.S.C. § 924(c)(1)(C)(i). The mandatory minimum penalty for a second or subsequent violation 

increases to life imprisonment if the firearm involved was a machinegun or destructive device, or if it was equipped 

with a silencer or muffler. Id. § 924(c)(1)(C)(ii). 

16 See Deal v. United States, 508 U.S. 129 (1993).

17 137 S. Ct. 1170 (Apr. 3, 2017).

18 Id. at 1176–77.

19 Id. at 1177–78.

20 See, e.g., United States v. Dean, 810 F.3d 521 (8th Cir. 2015) (affirming district court’s determination that 

it could not vary from the guidelines range in calculating defendant’s sentence for offenses based on the mandatory 

minimum he would receive under section 924(c)), overruled by Dean v. United States 130 S. Ct. 1170 (2017); United 

States v. Chavez, 549 F.3d 119, 135 (2d Cir. 2008); United States v. Franklin, 499 F.3d 578, 583 (6th Cir. 2007); United 

States v. Roberson, 474 F.3d 432, 436 (7th Cir. 2007); United States v. Powell, 444 F. App’x 517, 522 (3d Cir. 2011) 

(unpublished); United States v. McCullers, 395 F. App’x 975, 978 (4th Cir. 2010) (unpublished). But see United States 

v. Smith, 756 F.3d 1179, 1190 (10th Cir. 2014) (“Nothing in current law prohibits a district court’s considering a § 

924(c) conviction and sentence when seeking to assign a just punishment for a related crime of violence.”); United 

States v. Webster, 54 F.3d 1, 4 (1st Cir. 1995) (“[I]n departing from a guideline sentence the district court is free to 

exercise its own judgment as to the pertinence, if any, of a related mandatory consecutive sentence.”).

21 USSG §2K2.4(b).

22 USSG §5G1.2(b) (Sentencing on Multiple Counts of Conviction).

23 USSG §5G1.2(a) & (b); see also §3D1.1(b)(1) (Procedure for Determining Offense Level on Multiple Counts).

24 See USSG §2K2.4(c). Under §4B1.1, a defendant qualifies as a career offender if the defendant was at least 

18 years old at the time he or she committed the instant offense, the instant offense of conviction is a felony that is 

either a crime of violence or a controlled substance offense, and the defendant has two such prior convictions. See
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 66

USSG §4B1.1(a). Offenders convicted of an offense under section 924(c) and who qualify as career criminals receive 

a guideline range of 360 months to life imprisonment, with lower ranges for offenders who also receive a reduction 

for acceptance (262–327 months for a 3-level reduction, and 292–365 months for a 2-level reduction). See USSG 

§4B1.1(c). For career offenders convicted of multiple counts of an offense under section 924(c), §4B1.1 provides that 

the guideline range is the greater of the range determined by the separate career offender sentencing table, or the 

range that results by adding the mandatory minimum penalties “to the minimum and maximum of the otherwise 

applicable guideline range” determined for the non-section 924(c) counts. See USSG §4B1.1(c).

25 18 U.S.C. § 924(e)(1). The statute defines “violent felony” as any crime punishable by imprisonment for 

more than one year that: (1) has as an element the use, attempted use, or threatened use of physical force against 

another; or (2) is burglary, arson, or extortion, involves the use of explosives, or involves other conduct that presents 

a serious potential risk of physical injury to another. A “serious drug offense” is defined as either a certain federal 

drug offense with a statutory maximum of at least ten years, or state offenses with a statutory maximum of at least 

ten years involving distributing, manufacturing, or possessing with intent to distribute or manufacture. 18 U.S.C. 

§ 924(e)(A)(i)–(ii).

26 18 U.S.C. § 922(g).

27 See Taylor v. United States, 495 U.S. 575 (1990).

28 See Custis v. United States, 511 U.S. 485, 490 (1994). 

29 See United States v. Stone, 306 F.3d 241, 243 & n.2 (5th Cir. 2002) (collecting cases); see also Apprendi v. 

United States, 530 U.S. 466, 490 (2000) (“Other than the fact of a prior conviction, any fact that increases the penalty 

for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable 

doubt.”). In order to comply with the Sixth Amendment, in determining whether a prior conviction qualifies as a 

predicate conviction, the court must apply what is commonly referred to as the “categorical approach,” in which it 

considers the fact of conviction alone, and not the underlying facts involved in an offense. See, e.g., Taylor v. United 

States, 495 U.S. 575 (1990); Shepard v. United States, 544 U.S. 13 (2005).

30 See, e.g., United States v. Mack, 229 F.3d 226, 231 (3d Cir. 2000) (“[T]he ACCA does not require formal, 

pretrial notice. Thus, only notice necessary to satisfy constitutional due process requirements need be given.” 

(internal citations omitted)).

31 135 S. Ct. 2551 (2015).

32 Id. at 2563.

33 136 S. Ct. 1257 (2016).

34 See USSG §4B1.4.

35 See USSG §4B1.4(b).

36 See USSG §4B1.4(c).
 67

Endnotes

37 See 18 U.S.C. § 3553(e) (“Upon motion of the Government, the court shall have the authority to impose 

a sentence below a level established by statute as a minimum sentence so as to reflect a defendant’s substantial 

assistance in the investigation or prosecution of another person who has committed an offense. Such sentence shall 

be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant 

to section 994 of title 28, United States Code.”).

38 See USSG §5K1.1.

39 See Melendez v. United States, 518 U.S. 120 (1996).

40 2011 Mandatory Minimum Report, supra note 3, at 364–65.

41 For purposes of this publication, the phrase “offense carrying a firearms mandatory minimum penalty” 

refers to firearms offenses involving mandatory minimum penalties under sections 924(c) and 924(e) of United States 

Code, title 18. As such, unless otherwise expressly noted, all analysis in this section is limited to offenders whose 

primary Chapter Two guideline is found in Chapter Two, Part K (Firearms) of the Guidelines Manual. An offender 

convicted of an offense carrying a firearms mandatory minimum penalty may also have a conviction for a drug 

offense that also carries a mandatory minimum penalty. Those “drug offenders” were the subject of the Commission’s 

second publication in this series. 

42 In fiscal year 2016, the Commission’s datafile included 67,742 cases and, of those cases, the Commission 

received complete guideline application information and sufficient documentation for analysis in the 62,251 cases 

considered for this publication. See 2017 Overview Publication, supra note 1, at 28. The methodology used in 

this publication, with respect to records collection and data analysis, is described in detail in the 2017 Overview 

Publication supra note 1, at 28.

43 Id.

44 In fiscal year 2016, firearms offenses constituted 16.8% (n=2,280) of all offenses carrying mandatory 

minimum penalties (n=13,604). While offenses that involved only a firearms mandatory minimum penalty (and 

no other offense carrying a mandatory minimum penalty) accounted for 5.7% of all offenses carrying a mandatory 

minimum penalty, the total number of offenses that involved a firearms mandatory minimum penalty, including those 

offenses that also involved another offense carrying a mandatory minimum penalty other than a firearms mandatory 

minimum penalty (e.g., drug offenses), was larger. See 2017 Overview Publication, supra note, 1, at 34 & Figure 

7. 

45 See id. at 35 and Table 1.

46 Id. at 34–36 & Figures 7 & 8.

47 135 S. Ct. 2551 (2015).

48 See U.S. Dep’t of Justice, Attorney General Eric Holder, Memorandum: Department Policy on Charging 

and Sentencing (May 19, 2010), available at https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/holdermemo-charging-sentencing.pdf.
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 68

49 135 S. Ct. at 2563.

50 See U.S. Dep’t of Justice, Attorney General Jefferson Sessions, Memorandum: Department Charging and 

Sentencing Policy (May 10, 2017), available at https://www.justice.gov/opa/press-release/file/965896/download.

51 Of these ten offenders with a prior section 924(c) conviction, five offenders were convicted of a single count 

in the instant case and five were convicted of multiple counts.

52 Compare with infra Table 3. The 146 offenders convicted of multiple counts under section 924(c) for 

the first time in the instant proceeding were distributed throughout Criminal History Categories as follows: CHC 

I – 26.1%; CHC II – 12.7%; CHC III – 19.0%; CHC IV – 13.4%; CHC V – 5.6%; and CHC VI – 23.2%. The 

five offenders previously convicted under section 924(c) and convicted of a single count in the instant case, were 

distributed as follows: CHC II – 25.0%; CHC III – 50.0%; CHC V – 25.0%; Missing CHC (N=1). The five offenders 

previously convicted under section 924(c) and convicted of multiple counts under section 924(c) in the instant case, 

were distributed as follows: CHC II – 40.0%; CHC III – 20.0%; CHC IV – 20.0%; and CHC VI – 20.0%.

53 The final 6.8% of offenders were subject to a mandatory minimum penalty of another length, including 

offenders who were subject to a sentence of life imprisonment for a second or subsequent conviction for an offense 

involving a machinegun, destructive device, or a firearm equipped with a silencer or muffler, in violation of subsection 

924(c)(1)(C)(ii), as well as offenders who were subject to a mandatory minimum penalty of a length not provided 

for in the statute, as a result of the manner in which the sentencing court imposed a firearms mandatory minimum 

penalty or penalties in conjunction with sentences for other offenses.

54 A complete distribution of offenders convicted under section 924(c) is provided for each circuit and district 

in Appendix A.

55 See 18 U.S.C. § 924(c)(1)(A).

56 The other cases involved cocaine (21.6%, n=42), methamphetamine (18.6%, n=36), crack cocaine (18.0%, 

n=35), heroin (9.3%, n=18), and “other” (5.2%, n=10).

57 Of these ten cases, four involved cocaine, four involved cocaine base, and one involved marijuana. The 

final case involved another drug type. The underlying violent offense in these cases was most commonly attempted 

murder (4), while murder, robbery and assault were each involved in two cases.

58 The “Other Race” category includes offenders of Native American, Alaskan Native, and Asian or Pacific 

Islander origin. Of the offenders analyzed for this study, there were 2,484 offenders identified as “Other Race” 

offenders: 1,085 (43.7%) were of Asian/Pacific Islander origin, 1,186 (47.8%) were Native-American/Alaskan Native, 

and 213 (8.5%) were of other origin. For firearms offenders in fiscal year 2016, the “Other Race” category consists of 

50% Native-American/Alaskan Native (n=22); 45.4% Asian/Pacific Islander (n=20), and 4.6% of other origin (n=2). 

59 This is, in large part, because non-United States citizens are often convicted of immigration offenses, 

which do not carry mandatory minimum penalties.

60 See id.
 69

Endnotes

61 This reflects the same trend shown in fiscal year 2010, however Hispanic offenders (28.5%) were a larger 

percentage of the offenders subject to the mandatory minimum penalty at sentencing than in fiscal year 2010, when 

they were 21.0 percent of offenders subject to the mandatory minimum penalty. 

62 These trends are consistent with the average sentences in fiscal year 2010 when the average sentence for 

offenders who remained subject to the mandatory minimum penalty was 182 months and for those relieved was 109 

months.

63 The category of offenders convicted of both a section 924(c) offense and another offense includes offenders 

whose other offense carried a mandatory minimum penalty and those whose other offense did not carry a mandatory 

minimum penalty. 

64 See supra Figure 10.

65 The term “qualified as an armed career criminal under ACCA” means that the court found that the 15-year 

mandatory minimum penalty established at 18 U.S.C. § 924(e) applied to the offender, but does not denote whether 

the offender obtained relief from the mandatory minimum penalty for rendering substantial assistance pursuant to 

18 U.S.C. § 3553(e). Offenders who qualified as an armed career criminal under ACCA but did not obtain relief are 

referred to as “subject to” the mandatory minimum penalty.

66 See USSG §4B1.4(c) & app. note backg’d. (n.2).

67 Where an offender would have been in CHC I, II, or III prior to application of the armed career criminal 

guideline at USSG §4B1.4, it is likely because one or more predicate convictions were outside of the applicable time 

period provided at USSG §4A1.2(e). USSG §4A1.2(e) instructs that certain prior convictions which occurred outside 

the provided window of time are not considered for purposes of scoring criminal history. ACCA, however, has no 

such limitation for prior convictions.

68 2017 Overview Publication, supra note 1, at 48–49. 

69 135 S. Ct. 2551 (2015).

70 136 S. Ct. 1257 (2016).

71 The impact the Supreme Court’s recent decision in Dean v. United States, 137 S. Ct. 1170 (2017), which 

allows a sentencing court to consider a mandatory minimum penalty under section 924(c) when calculating a sentence 

for an underlying predicate conviction, also remains to be seen. 

72 These population figures were obtained from the Bureau of Prisons data and reflect complete population 

figures. The remaining federal prison population analysis in this section is based on matching the BOP data with 

Commission data and therefore may reflect fewer offenders. 

73 See 2011 Mandatory Minimum Report, at Ch.4. In the 2011 Mandatory Minimum Report, the 

Commission noted that these factors have included changes to mandatory minimum penalties themselves, both 

in terms of number and scope, as well as other systemic changes to the federal criminal justice system, such as 

the expanded federalization of criminal law, increased size and changes in the composition of the federal criminal 
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 70

docket, and higher rates of imposition of sentences of imprisonment. See id.

74 See 2017 Overview Publication, supra note 1, at 48–49.

75 This represents the percentage of offenders in prison who were convicted of an offense under section 924(c) 

or section 924(e). Some of these offenders were also convicted under a statute carrying another mandatory minimum 

penalty (e.g., drugs). Thus, this percentage may be overlapping with other populations of the BOP population.

76 135 S. Ct. 2551.

77 See 2017 Overview Publication, supra note 1, at 50 & Figure 21.

78 There were 60 Hispanic offenders at the end of fiscal year 1995, which steadily increased to 426 at the end 

of fiscal year 2015, before decreasing to 364 at the end of fiscal year 2016. There were 11 Other Race offenders at the 

end of fiscal year 1995, which increased to a high of 84 at the end of fiscal year 2014, before decreasing to 71 at the 

end of fiscal year 2016.

79 See 2017 Overview Publication, supra note 1, at 49.

80 See id. at 53.

81 See id. at 55.
Appendix
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 72

CIRCUIT

District Number Percent Number Percent Number Percent

TOTAL 1,976 100.0 156 100.0 304 100.0

D.C. CIRCUIT 6 0.3 0 0.0 1 0.3

District of Columbia 6 0.3 0 0.0 1 0.3

FIRST CIRCUIT 204 10.3 5 3.2 11 3.6

Maine 9 0.5 0 0.0 1 0.3

Massachusetts 1 0.1 0 0.0 8 2.6

New Hampshire 7 0.4 1 0.6 0 0.0

Puerto Rico 183 9.3 4 2.6 2 0.7

Rhode Island 4 0.2 0 0.0 0 0.0

SECOND CIRCUIT 231 11.7 33 21.2 2 0.7

Connecticut 16 0.8 0 0.0 0 0.0

New York

 Eastern 69 3.5 9 5.8 0 0.0

 Northern 10 0.5 0 0.0 1 0.3

 Southern 111 5.6 24 15.4 1 0.3

 Western 24 1.2 0 0.0 0 0.0

Vermont 1 0.1 0 0.0 0 0.0

THIRD CIRCUIT 98 5.0 14 9.0 9 3.0

Delaware 5 0.3 0 0.0 0 0.0

New Jersey 14 0.7 1 0.6 0 0.0

Pennsylvania

 Eastern 51 2.6 13 8.3 4 1.3

 Middle 11 0.6 0 0.0 1 0.3

 Western 12 0.6 0 0.0 4 1.3

Virgin Islands 5 0.3 0 0.0 0 0.0

FOURTH CIRCUIT 291 14.7 32 20.5 44 14.5

Maryland 37 1.9 2 1.3 7 2.3

North Carolina

 Eastern 65 3.3 3 1.9 6 2.0

 Middle 32 1.6 0 0.0 4 1.3

 Western 27 1.4 1 0.6 11 3.6

South Carolina 21 1.1 2 1.3 10 3.3

Virginia

 Eastern 80 4.1 20 12.8 2 0.7

 Western 24 1.2 4 2.6 4 1.3

West Virginia

 Northern 1 0.1 0 0.0 0 0.0

 Southern 4 0.2 0 0.0 0 0.0

MANDATORY MINIMUM STATUS FOR FIREARM OFFENDERS 

IN EACH CIRCUIT AND DISTRICT1

Fiscal Year 2016

18 U.S.C. § 924(c)

Multiple

18 U.S.C. § 924(c)

Armed Career 

Criminal Act

Table A-1. Mandatory Minimum Status for Firearms Offenders 

in Each Circuit and District1

Fiscal Year 2016
 73

Appendix

CIRCUIT

District Number Percent Number Percent Number Percent

FIFTH CIRCUIT 182 9.2 21 13.5 17 5.6

Louisiana

 Eastern 22 1.1 2 1.3 1 0.3

 Middle 4 0.2 0 0.0 1 0.3

 Western 8 0.4 0 0.0 1 0.3

Mississippi

 Northern 5 0.3 0 0.0 1 0.3

 Southern 4 0.2 0 0.0 0 0.0

Texas

 Eastern 20 1.0 2 1.3 1 0.3

 Northern 48 2.4 8 5.1 9 3.0

 Southern 30 1.5 7 4.5 2 0.7

 Western 41 2.1 2 1.3 1 0.3

SIXTH CIRCUIT 174 8.8 21 13.5 54 17.8

Kentucky

 Eastern 16 0.8 1 0.6 3 1.0

 Western 7 0.4 0 0.0 3 1.0

Michigan

 Eastern 54 2.7 13 8.3 5 1.6

 Western 5 0.3 1 0.6 6 2.0

Ohio

 Northern 11 0.6 2 1.3 11 3.6

 Southern 19 1.0 2 1.3 0 0.0

Tennessee

 Eastern 24 1.2 0 0.0 16 5.3

 Middle 14 0.7 1 0.6 3 1.0

 Western 24 1.2 1 0.6 7 2.3

SEVENTH CIRCUIT 112 5.7 6 3.8 16 5.3

Illinois

 Central 18 0.9 0 0.0 3 1.0

 Northern 26 1.3 1 0.6 1 0.3

 Southern 12 0.6 2 1.3 2 0.7

Indiana

 Northern 12 0.6 0 0.0 1 0.3

 Southern 7 0.4 1 0.6 4 1.3

Wisconsin

 Eastern 32 1.6 2 1.3 2 0.7

 Western 5 0.3 0 0.0 3 1.0

EIGHTH CIRCUIT 155 0.8 3 1.9 54 17.8

Arkansas

 Eastern 7 0.4 1 0.6 5 1.6

 Western 5 0.3 0 0.0 0 0.0

Iowa

 Northern 7 0.4 0 0.0 2 0.7

 Southern 4 0.2 0 0.0 2 0.7

Minnesota 13 0.7 0 0.0 11 3.6

Missouri

 Eastern 35 1.8 1 0.6 19 6.3

 Western 49 2.5 0 0.0 10 3.3

Nebraska 25 1.3 1 0.6 0 0.0

North Dakota 7 0.4 0 0.0 5 1.6

South Dakota 3 0.2 0 0.0 0 0.0

18 U.S.C. § 924(c)

Multiple

18 U.S.C. § 924(c)

Armed Career 

Criminal Act
United States Sentencing Commission

Mandatory Minimum Penalties for Federal Firearms Offenses (2018)

 74

CIRCUIT

District Number Percent Number Percent Number Percent

NINTH CIRCUIT 142 7.2 6 3.8 3 1.0

Alaska 8 0.4 0 0.0 0 0.0

Arizona 12 0.6 1 0.6 0 0.0

California

 Central 13 0.7 0 0.0 0 0.0

 Eastern 20 1.0 0 0.0 1 0.3

 Northern 24 1.2 2 1.3 0 0.0

 Southern 1 0.1 0 0.0 0 0.0

Guam 0 0.0 0 0.0 0 0.0

Hawaii 1 0.1 0 0.0 0 0.0

Idaho 7 0.4 0 0.0 0 0.0

Montana 5 0.3 0 0.0 0 0.0

Nevada 23 1.2 3 1.9 0 0.0

Northern Mariana Islands 0 0.0 0 0.0 0 0.0

Oregon 3 0.2 0 0.0 1 0.3

Washington

 Eastern 4 0.2 0 0.0 1 0.3

 Western 21 1.1 0 0.0 0 0.0

TENTH CIRCUIT 115 5.8 2 1.3 12 4.0

Colorado 17 0.9 0 0.0 0 0.0

Kansas 23 1.2 2 1.3 1 0.3

New Mexico 30 1.5 0 0.0 2 0.7

Oklahoma

 Eastern 2 0.1 0 0.0 1 0.3

 Northern 4 0.2 0 0.0 2 0.7

 Western 10 0.5 0 0.0 6 2.0

Utah 17 0.9 0 0.0 0 0.0

Wyoming 12 0.6 0 0.0 0 0.0

ELEVENTH CIRCUIT 266 13.5 13 8.3 81 26.7

Alabama

 Middle 18 0.9 0 0.0 2 0.7

 Northern 18 0.9 0 0.0 1 0.3

 Southern 25 1.3 1 0.6 4 1.3

Florida

 Middle 38 1.9 3 1.9 33 10.9

 Northern 13 0.7 0 0.0 3 1.0

 Southern 100 5.1 8 5.1 25 8.2

Georgia

 Middle 18 0.9 1 0.6 2 0.7

 Northern 20 1.0 0 0.0 4 1.3

 Southern 16 0.8 0 0.0 7 2.3

SOURCE: U.S. Sentencing Commission, 2016 Datafile, USSCFY16. 

1 Of the 67,742 cases sentenced in fiscal year 2016, the Commission received complete guideline information in 61,958 cases. The 

Commission did not receive complete guideline information for another 287 cases in which the only statute of conviction was 18 U.S.C. § 

924(c) and 111 cases in which an offender was sentenced under 18 U.S.C. § 1028A and the guidelines were not applied, but these cases are 

included in the analysis. Of the remaining 63,357 cases, 105 were excluded due to missing statutory information.

18 U.S.C. § 924(c)

Multiple

18 U.S.C. § 924(c)

Armed Career 

Criminal Act
 75

Appendix