The Criminal History of Federal Offenders

UNITED STATES SENTENCING COMMISSION
William H. Pryor Jr. 

Acting Chair

Rachel E. Barkow

Commissioner

Charles R. Breyer

Commissioner

Danny C. Reeves

Commissioner

Zachary C. Bolitho

Ex Officio

J. Patricia Wilson Smoot

Ex Officio

Kenneth P. Cohen

Director

Glenn R. Schmitt

Director

Office of Research and Data

May 2018

United States Sentencing Commission

One Columbus Circle, N.E. 

Washington, DC 20002

www.ussc.gov
Tracey Kyckelhahn, Ph.D., Senior Research Associate, Office of Research and Data 

Emily Herbst, M.A., Research Associate, Office of Research and Data 

TABLE OF CONTENTS

Part I. Introduction...............................................................................................................1

Key Findings..................................................................................................................................................................................2

Part II. Overview of the Criminal History of Federal Offenders........................................3

Instant Offense and Criminal History..................................................................................................................................4

The Use of Criminal History in the Sentencing Guidelines........................................................................................7

Relationship Between Criminal History Points and Past Offenses........................................................................8

Relationship Between Criminal History Category and Past Offenses...................................................................9

Comparing Convictions for Three-, Two-, One-, and Zero-Point Offenders........................................................10

 Convictions Not Counted Under the Guidelines.............................................................................................................12

Part III. Conclusion..............................................................................................................13

Part IV. Appendix................................................................................................................14

 Methodology.................................................................................................................................................................................14

 Tables and Figures......................................................................................................................................................................15

Endnotes...............................................................................................................................27

The Criminal History of Federal Offenders i

The Criminal History of Federal Offenders 1

Part I. Introduction

The number and nature of a federal offender’s prior convictions 

are important considerations in deciding a federal sentence. Congress 

codified this approach with the passage of the Sentencing Reform Act 

of 1984 (SRA).1 In addition to requiring federal courts to consider the 

history and characteristics of the defendant as a factor to consider in 

imposing a sentence,2 the SRA contains numerous provisions directing 

the United States Sentencing Commission (the “Commission”)3 to 

account for an offender’s criminal history in establishing the federal 

sentencing guidelines.4 Accordingly, Chapter Four of the Guidelines 

Manual provides detailed criminal history calculations to be used in 

determining an offender’s sentencing guidelines range. 

While the Commission has collected the criminal history points and 

Criminal History Category (CHC) as determined under the guidelines, 

it has not collected complete information on the number of convictions 

or the types of offenses in the criminal histories of federal offenders 

until now. The Commission is now able to utilize recent technological 

improvements to expand the scope of information it collects on an 

offender’s criminal history and provide a more complete assessment of 

the criminal history of federal offenders.

For the first time, this report provides complete information on the 

number of convictions5 and types of offenses in the criminal histories of 

federal offenders sentenced in a fiscal year. In completing this report, 

the Commission collected additional details about the criminal histories 

for 61,946 of the 67,742 federal offenders sentenced in fiscal year 2016 

for whom complete documentation was submitted to the Commission. 

These prior offenses were grouped into 35 broad categories for analytical 

purposes, and then collapsed further into 18 categories for reporting 

purposes. The report provides analyses of these offenders’ criminal 

histories by the type of federal offense they committed. The report also 

provides information on the types of offenses these offenders committed, 

the points assigned to those convictions under the federal sentencing 

guidelines, and the types of offenses that did not receive points.
The Criminal History of Federal Offenders 2

•	 Almost three-quarters (72.8%) of federal offenders sentenced in fiscal year 2016 had been convicted of a prior offense. The 

average number of previous convictions was 6.1 among offenders with criminal history.

 

•	 Public order6 was the most common prior offense, as 43.7 percent of offenders with prior criminal history had at least one 

conviction for a public order offense.

•	 A conviction for a prior violent offense was almost as common as prior public order offenses, as 39.5 percent of offenders with 

criminal history had at least one prior violent offense. Assault was the most common violent offense (29.5%), followed by robbery 

(8.1%), and rape (4.4%). Just under two percent of offenders with criminal history had a prior homicide offense. 

•	 The nature of offenders’ criminal histories varied considerably by their federal instant offense. The substantial majority (91.7%) 

of firearms offenders had at least one previous conviction7 compared to about half of fraud (52.4%) and child pornography 

(48.2%) offenders. Firearms offenders were also most likely to have violence in their criminal histories, as 62.0 percent of firearms 

offenders with a previous conviction had a violent previous conviction. Fraud offenders were the least likely of offenders with 

criminal history to have a violent previous conviction (26.2%).

•	 Most (86.6%) federal offenders with criminal history had convictions that were assigned criminal history points under the 

guidelines. Offenders who had at least one three-point conviction were the most likely of all offenders with convictions to have a 

murder (3.8%) or rape/sexual assault (7.0%) offense in their criminal histories. 

•	 A criminal history score of zero does not necessarily mean an offender had no prior criminal history. Almost one in ten offenders 

(9.8 percent) in fiscal year 2016 had a criminal history score of zero but had at least one prior conviction.8

Key Findings
The Criminal History of Federal Offenders 3

Part II. Overview of the Criminal History 

of Federal Offenders

In fiscal year 2016, there were 67,742 offenders sentenced in the 

federal courts for a felony or Class A misdemeanor.9 Of these, 5,796 are 

excluded from this report due to incomplete information that precluded 

analysis. This report will focus on the 61,946 federal offenders sentenced 

in fiscal year 2016 with complete documentation for their cases. Almost 

three-quarters (72.8%) of those offenders had been convicted of a prior 

offense (Figure 1). 

The average number of prior convictions among those offenders was 

6.1, with a median of four convictions (Figure 1). Among the 45,069 

federal offenders with a prior conviction, 8,598 offenders had only one 

prior conviction while one offender had 116 convictions in his criminal 

history.

An offender’s criminal history is an important consideration when 

courts determine the sentence to be imposed for a federal conviction. 

Under the federal sentencing guidelines, an offender’s criminal history 

is one of two principal factors that determines the sentencing guidelines 

range—the other being the seriousness of the federal conviction the 

offender committed.10 In general, among offenders who commit similar 

federal crimes, the sentencing guidelines will prescribe a longer sentence 

for an offender with a prior conviction. Also, under federal law, offenders 

who have committed at least two prior felony crimes of violence or 

controlled substance offenses are to be deemed “career offenders” and 

sentenced to higher penalties.11 Further, certain federal statutes require 

that offenders who commit certain offenses after having been convicted 

of similar offenses in the past be punished with longer sentences.12 

The federal offenders sentenced in fiscal year 2016 who had at least 

one prior conviction accounted for 273,414 total prior crimes. The 

most common of these were convictions for public order offenses, as 

43.7 percent of offenders with prior criminal history had at least one 

conviction for a public order offense. Almost the same share, 39.5 

percent of federal offenders, had one or more prior convictions for a 

violent offense. Assault was the most common prior violent offense, with 

29.5 percent of offenders having a conviction for that offense. Robbery 

offenses were the next most common prior violent offense, at 8.1 percent, 

followed by rape (4.4%), and homicide (1.9%). Figure 2 shows the 

distribution of those offenses. 

Convictions

72.8%

No Convictions

27.2%

Figure 1.

Overview of Criminal History Findings

OFFENDERS WITH CONVICTIONS 45,069 (72.8%)

Total No. Convictions 273,414

Average No. Convictions 6.1

Median (50%) No. Convictions 4

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were

excluded from this analysis due to incomplete information. Cases missing information necessary for analysis were excluded from that 

analysis.

Figure 2. 

Type of Prior Convictions—Offenders With Convictions*

1.9% 4.4% 8.1%

29.5%

6.4%

26.7%

14.5%

32.6%

15.1%

21.1%

37.6%

12.3%

17.6%

24.9%

19.6%

43.7%

39.4%

11.9%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Violent Convictions

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 4

Instant Offense and Criminal History

The Commission uses the term “instant offense” to refer to the federal 

conviction for which an offender is sentenced. In fiscal year 2016, the 

four most common instant offenses were immigration, drugs, firearms, 

and fraud. Together these offenses accounted for 81.6 percent of all 

cases reported to the Commission.13 For this report, the Commission 

separately analyzed the criminal histories of offenders sentenced for 

these four offense types along with those convicted of child pornography 

offenses. The Commission found substantial differences in the criminal 

histories of these groups of offenders, both in the likelihood of having 

prior convictions and in the nature of their past offenses (Table 1). 

Immigration offenders

A total of 18,900 offenders were convicted of an immigration offense 

in fiscal year 2016. The substantial majority (81.9%) of immigration 

offenders had at least one conviction in their criminal histories. Over 

half (52.1%) had at least one previous conviction for an immigration 

offense. The next most common offenses for immigration offenders were 

public order (30.8%), DUI (30.7%), traffic (29.1%), and drug possession 

(23.8%). About a third (31.7%) of immigration offenders with at least 

one prior conviction had a violent offense in their criminal histories. 

Assault was the most common prior violent offense (23.1%) followed by 

rape (4.4%), robbery (3.3%), and homicide (1.2%). Figure 3 shows the 

distribution of those offenses. 

Table 1.

Number of Prior Convictions by Type of Instant Offense

Instant Offense for Offenders with At Least One Prior Conviction

All Offenders

Immigration 

Offenders

Drug 

Trafficking 

Offenders

Firearms 

Offenders

Fraud 

Offenders

Child

Pornography 

Offenders

TOTAL OFFENDERS with conviction/s

273,414 Total Convictions

45,069 (72.8%) 15,481 (81.9%) 13,049 (69.3%) 6,309 (91.7%) 3,128 (52.4%) 919 (48.2%)

Average No. Convictions 6.1 4.4 6.7 8.9 5.4 3.6

Median (50%) No. Convictions 4 3 5 7 3 2

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete 

information. Cases missing information necessary for analysis were excluded from that analysis.

1.2% 4.4% 3.3%

23.1%

4.8%

20.9%

9.0%

17.7%

9.6%

13.6%

23.8%

5.8% 8.0%

30.7%

52.1%

30.8% 29.1%

4.8%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Figure 3. 

Types of Prior Convictions—Immigration Offenders*

No Convictions

18.1%

N=3,419

Convictions

81.9%

N=15,481

Violent Convictions

Immigration Offenders

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 5

Drug Trafficking offenders

There were 18,820 drug trafficking offenders in fiscal year 2016. 

Over two-thirds of these offenders (69.3%) had at least one previous 

conviction. Half of those offenders (52.0%) had at least one drug 

possession offense in their criminal histories. The other top offenses for 

drug trafficking offenders were public order (47.9%), traffic (45.9%), 

drug trafficking (39.8%), and larceny (35.0%). Over a third (36.7%) of 

drug trafficking offenders had a violent offense in their criminal history. 

Assault was the most common prior violent offense (29.4%) followed by 

robbery (6.6%), homicide (1.8%), and rape (1.5%). Figure 4 shows the 

distribution of those offenses. 

Firearms offenders

There were 6,309 firearms offenders in fiscal year 2016. Firearms 

offenders were the group of federal offenders most likely to have 

previous convictions in their criminal histories. Over ninety-percent 

(91.7%) of firearms offenders sentenced in fiscal year 2016 had a 

prior conviction. The most common offense types of prior convictions 

for firearms offenders was public order (62.1%), followed by drug 

possession (55.3%), and larceny (50.7%). Firearms offenders were also 

the most likely to have violence in their criminal histories. A majority 

(62.0%) of firearms offenders had at least one violent offense. Assault 

was the most common violent offense (47.7%), followed by robbery 

(20.7%), homicide (4.2%), and rape (3.3%). These offenders were 

substantially more likely to have a homicide or robbery conviction than 

other offenders.14 Figure 5 shows the distribution of those offenses. 

1.8% 1.5%

6.6%

29.4%

6.3%

39.8%

13.4%

35.0%

13.7%

22.1%

52.0%

18.4% 20.1% 23.1%

4.8%

47.9% 45.9%

13.6%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Figure 4. 

Types of Prior Convictions—Drug Trafficking Offenders*

No Convictions

30.7%

N=5,771

Convictions

69.3%

N=13,049 

Violent Convictions

Drug Trafficking Offenders

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.

4.2% 3.3%

20.7%

47.7%

10.2%

33.1%

28.7%

50.7%

15.4%

36.2%

55.3%

18.3%

41.2%

19.0%

0.7%

62.1%

46.6%

18.0%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Figure 5. 

Types of Prior Convictions—Firearms Offenders*

No Convictions

8.3%

N=571

Convictions

91.7%

N=6,309

Violent Convictions

Firearms Offenders

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 6

Fraud offenders

A total of 5,974 offenders were sentenced for a fraud offense in fiscal 

year 2016. Just over half of these offenders (52.4%) had at least one 

previous conviction. Traffic offenses were the most common offense 

for these offenders (44.0%), followed by larceny (41.7%), public order 

(39.1%), fraud (36.8%), and drug possession (24.8%). Fraud offenders 

were the least likely to have a violent offense in their criminal history 

(26.2%). Assault was the most common prior violent offense (20.0%) 

followed by robbery (4.5%), rape (1.9%), and homicide (1.1%). Figure 6 

shows the distribution of those offenses. 

Child Pornography offenders

Child pornography offenders15 were the least likely of any major 

group of federal offenders to have had a previous conviction. Of the 

1,908 child pornography offenders sentenced in fiscal year 2016, just 

under half (48.2%) had a conviction in their criminal histories. Public 

order (36.0%) was the most common past offense for child pornography 

offenders followed by traffic offenses (34.6%), rape (26.4%), larceny 

(22.4%), and DUI (22.3%). Overall, 40.8 percent of child pornography 

offenders with at least one past conviction had been convicted of a 

violent offense. Rape or sexual assault was the most common violent 

offense among child pornography offenders, with one-quarter (26.4%) 

of all child pornography offenders with a prior conviction having been 

convicted of one of those offenses, followed by assault (15.1%), robbery 

(1.6%), and homicide (0.5%). Figure 7 shows the distribution of those 

offenses. 

1.1% 1.9% 4.5%

20.0%

4.2%

11.6% 11.9%

41.7%

36.8%

16.4%

24.8%

8.1% 9.4%

18.9%

0.5%

39.1%

44.0%

12.7%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Figure 6. 

Types of Prior Convictions—Fraud Offenders* 

No 

Convictions

47.6%

N=2,846

Convictions

52.4%

N=3,128

Violent Convictions

Fraud Offenders

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.

0.5%

26.4%

1.6%

15.1%

5.2% 4.5%

9.6%

22.4%

9.6%

14.6% 15.3%

7.0% 5.9%

22.3%

0.3%

36.0% 34.6%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Figure 7. 

Types of Prior Convictions—Child Pornography Offenders*

No 

Convictions

51.8%

N=989

Convictions

48.2%

N=919

Violent Convictions

Child Pornography Offenders

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 7

The Use of Criminal History in the Sentencing 

Guidelines

The guidelines establish a method for evaluating an offender’s 

criminal history by assigning points to some prior criminal convictions 

and adjudications of juvenile delinquency based on the length of the 

sentence imposed for those offenses. Through this process the court 

calculates an offender’s “criminal history score,” which is then assigned 

to one of six Criminal History Categories (CHCs). The combination of the 

“offense level” of an offender’s instant offense and the offender’s CHC 

determines a range of confinement, expressed in months, for the offense. 

In this report, the Commission uses the offender’s criminal history 

score as the basis for analyses, and so a basic understanding of the rules 

that govern the criminal history calculation is necessary.16 An offender’s 

past convictions are assigned one, two, or three points based on the 

nature of the offense and the type and length of the sentence imposed. 

These point assignments are designed to reflect the seriousness of the 

crime of conviction. Criminal history points are assigned as follows: 

(a) Add 3 points for each prior sentence of imprisonment exceeding 

one year and one month.

(b) Add 2 points for each prior sentence of imprisonment of at 

least sixty days not counted in (a).

(c) Add 1 point for each prior sentence not counted in (a) or (b), up 

to a total of 4 points for this subsection.

(d) Add 2 points if the defendant committed the instant offense 

while under any criminal justice sentence, including probation, 

parole, supervised release, imprisonment, work release, or 

escape status.

(e) Add 1 point for each prior sentence resulting from a conviction 

of a crime of violence that did not receive any points under (a), 

(b), or (c) above because such sentence was treated as a single 

sentence, up to a total of 3 points for this subsection.17

In general, three-point convictions almost always represent a state or 

federal felony conviction18 and are generally more serious than two-point 

offenses, which are likewise more serious than one-point offenses. 

Not all prior convictions are counted. Prior convictions for many 

petty and other minor convictions are never assigned points under the 

guidelines. Other petty or minor convictions are not assigned points 

unless the sentence was a term of probation of more than one year or a 

term of imprisonment of at least 30 days.19 Sentences imposed by foreign 

courts or tribal courts, and sentences imposed for military offenses by 

non-judicial officers also are not counted.20 Also, sentences imposed for 

expunged convictions are not counted.21

Additionally, some prior sentences are deemed “stale” and are not 

counted. For example, prior sentences of greater than thirteen months 

are assigned criminal history points only if the sentence was imposed or 

served within fifteen years of the instant offense. Sentences of thirteen 

months or less are assigned criminal history points only if the sentence 

was imposed within ten years of the instant offense. Finally, offenses 

committed prior to age 18 are counted only if the sentence was imposed 

within five years of the federal instant offense, unless the defendant was 

convicted as an adult and sentenced to a term of more than thirteen 

months, in which case the standard fifteen-year period applies. 22

In addition to the points assigned for prior sentences, two additional 

considerations affect the criminal history score assigned at the time 

the federal offenders discussed in this report were sentenced. First, 

an offender is assigned two additional criminal history points if the 

instant offense of conviction occurred while the offender was serving 

a criminal justice sentence, to include when the offender was on 

parole or supervised release from a period of incarceration for a prior 

offense.23 These points are called “status points.” Second, prior to 2010, 

an offender could receive one or two additional points if the instant 

offense occurred less than two years after release from imprisonment 

on a sentence that already counted in the criminal history score.24 These 

points are called “recency points.” Recency points were no longer applied 

starting with federal cases in which the 2010 Guidelines Manual was 

applied.25 
The Criminal History of Federal Offenders 8

The total number of criminal history points determines the offender’s 

CHC for the purpose of determining the sentencing guideline range 

that applies under the guidelines. The total criminal history points 

correspond to CHCs on the Sentencing Table as follows:

Relationship Between Criminal History Points 

and Past Offenses 

The rules for assigning points under the sentencing guidelines are 

designed to reflect the seriousness of the conviction in an offender’s 

criminal history. For this report, the Commission compared the types 

of offenses in offenders’ criminal histories with the points assessed for 

those convictions to determine the most common three-point, twopoint, and one-point offenses in their criminal records. Only convictions 

with one type of offense were included in this analysis (“single type 

convictions”). Those convictions that had offenses in two or more of the 

18 categories used in this report were excluded (e.g., a single conviction 

for both a burglary and a traffic offense).

As noted above, convictions that are not stale and receive a sentence 

of imprisonment longer than 13 months receive three points, the highest 

point score, and are considered the most serious convictions under the 

sentencing guidelines. Convictions for drug trafficking offenses were the 

most common single type three-point convictions in federal offenders’ 

criminal histories. Almost a quarter (23.3%) of three-point convictions 

were for drug trafficking. Immigration offenses (12.3%) were the second 

most common three-point convictions. Another drug offense, drug 

possession (10.9%), was the third most common three-point convictions. 

Figure 8 shows the distribution of those offenses. 

Two-point convictions receive sentences of imprisonment of at least 

60 days and not more than 13 months. Convictions for immigration 

offenses (21.9%) were the most common two-point convictions. Drug 

possession (13.2%) was the second most common, followed by larceny 

(10.4%). Figure 8 shows the distribution of those offenses. 

One-point convictions are considered the least serious convictions 

that receive points. Convictions for drug possession offenses (18.1%) 

were the most common one-point convictions among federal offenders. 

Larceny (13.7%) was the second most common, followed by DUI 

(11.7%). Figure 8 shows the distribution of those offenses. 

Criminal History 

Category (CHC) I II III IV V VI

Total Criminal 

History Points (0 or 1) (2 or 3) (4, 5, 6) (7, 8, 9) (10, 11, 12) (13 or more)

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Three Points Two Points One Point

Violent Convictions

Figure 8. 

Types of Prior Convictions for 3-, 2-, and 1-Point Offenses* 

*For exact percentages of the types of convictions by criminal history points, see Appendix Figures 2 through 4. 

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases missing 

information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 9

Relationship Between Criminal History 

Category and Past Offenses

This section of the report analyzes the criminal history of offenders in 

relation to the CHC to which they were assigned for sentencing purposes 

in fiscal year 2016. The substantial majority (86.6%) of offenders who 

had convictions in their criminal histories received points under the 

guidelines for at least one of those convictions. The average number 

of points for the offenders who received points was 6.5 points, with a 

median of five points (Table 2). 

Offenders with criminal history scores assigned to the higher 

Criminal History Categories had more prior convictions than offenders 

in lower CHCs. Offenders in CHCs III, IV, V, and VI each accounted for a 

disproportionate share of the prior criminal history of federal offenders 

sentenced in fiscal year 2016. Offenders in CHC VI comprised 9.5 percent 

of federal offenders in fiscal year 2016 population but 29.2 percent of 

the convictions. Offenders in CHC V comprised 5.5 percent of federal 

offenders in fiscal year 2016 but 12.5 percent of the convictions. CHC 

IV and CHC III were 9.6 percent and 16.3 percent of offenders in fiscal 

year 2016 but 16.6 percent and 20.2 percent of the criminal history, 

respectively (Figure 9). 

The average number of convictions for offenders in CHCs III through 

VI was 8.5, and the median was seven. The most common type of prior 

offense was public order, with 56.1 percent of all offenders in this group 

having one or more convictions for that offense. The next most common 

offenses were drug possession (50.7%), traffic (44.9%), and larceny 

(43.8%). Figure 10 (p. 10) shows the distribution of those offenses. 

Over half (52.3%) of offenders in the highest CHCs had violent 

offenses in their criminal history. As with federal offenders overall, 

assault was their most common prior violent offense (40.0%) for 

offenders in CHCs III, IV, V, and VI, followed by robbery (12.3%), rape 

(5.3%), and homicide (2.6%). 

Table 2.

Criminal History Scores for Offenders w/Criminal History Points*

TOTAL OFFENDERS with point/s 39,014

Average No. Points 6.5

Median (50%) No. Points 5

*This analysis includes offenders with at least one prior conviction that received points.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases 

reported to the Commission, 5,796 were excluded from this analysis due to incomplete 

information. Cases missing information necessary for analysis were excluded from that analysis.

Figure 9.

Percent of Offenders and Convictions by Criminal History Category*

CHC

I

10.7% CHC

II

10.9%

CHC

III

20.2%

CHC

IV

16.6%

CHC

V

12.5%

CHC

VI

29.2%

By Convictions

N=273,414

CHC

I

45.3%

CHC

II

13.8%

CHC

III

16.3%

CHC

IV

9.6%

CHC

V

5.5%

CHC

VI

9.5%

By Offenders

N=61,946

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from 

this analysis due to incomplete information. Cases missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 10

Offenders with criminal history scores assigned to CHCs I or II had 

less criminal history than their share of the federal offender population. 

Offenders in CHC II comprised 13.8 percent of offenders sentenced in 

fiscal year 2016 but 10.9 percent of the convictions. The largest group 

of federal offenders sentenced in fiscal year 2016 was assigned to CHC 

I, the lowest category. In fiscal year 2016, 45.3 percent of offenders 

had a criminal history score assigned to CHC I. However, their criminal 

histories comprised only 10.7 percent of previous convictions of federal 

offenders. The average number of convictions for offenders in CHCs I 

and II was 3.0, and the median was two. The most common type of prior 

offense for offenders in these CHCs was traffic (32.4%). The next most 

common offenses were public order (27.8%), drug possession (20.9%), 

and DUI (19.7%). Figure 10 shows the distribution of those offenses.26

Offenders in CHC I and II also were less likely to have a prior 

conviction for a violent offense than offenders in higher CHCs. Slightly 

less than a quarter (23.0%) of offenders in CHC I and II had a prior 

violent offense. Assault was their most common prior violent conviction 

(16.1%), followed by rape (3.3%), robbery (2.6%), and homicide (1.0%). 

Comparing Convictions for Three-, Two-, One-, 

and Zero-Point Offenders

As discussed above, most (86.6%) offenders sentenced in fiscal year 

2016 who had convictions in their criminal history received points 

under the guidelines for at least one of those convictions. Of the 39,014 

offenders who received points for at least one of their convictions, half 

(49.9%) had at least one three-point conviction in their criminal history. 

The average number of three-point convictions was 1.9, and the median 

number was two (Table 3). 

For the 43.7 percent of offenders with points who had at least one 

two-point conviction, the average number of two-point convictions was 

1.8 and the median was one (Table 4). 

Table 3.

Number of Prior Convictions for Offenders With At Least One 

3-Point Conviction*

*This analysis includes only offenders with at least one prior 3-point conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 

cases reported to the Commission, 5,796 were excluded from this analysis due to 

incomplete information. Cases missing information necessary for analysis were 

excluded from that analysis.

TOTAL OFFENDERS with conviction/s 19,462 

Average No. 3-Point Convictions 1.9

Median (50%) 2

1.0% 3.3% 2.6%

16.1%

3.3%

14.7%

5.2%

18.2%

9.7% 10.6%

20.9%

5.8% 7.6%

19.7%

15.5%

27.8%

32.4%

7.9%

2.6% 5.3%

12.3%

40.0%

8.8%

36.1%

21.7%

43.8%

19.2%

29.3%

50.7%

17.3%

25.4%

29.0%

22.8%

56.1%

44.9%

14.9%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Criminal History Categories I-II Criminal History Categories III-VI

Figure 10. 

Types of Prior Convictions for Offenders in Criminal History Categories I-II and Categories III-VI*

Violent Convictions

*This analysis includes offenders with at least one prior conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases missing 

information necessary for analysis were excluded from that analysis.

Table 4.

Number of Prior Convictions for Offenders With At Least One 

2-Point Conviction*

TOTAL OFFENDERS with conviction/s 17,058 

Average No. 2-Point Convictions 1.8

Median (50%) 1

*This analysis includes only offenders with at least one prior 2-point conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 

cases reported to the Commission, 5,796 were excluded from this analysis due to 

incomplete information. Cases missing information necessary for analysis were 

excluded from that analysis.
The Criminal History of Federal Offenders 11

Over two-thirds (68.3%) of all offenders with points had at least one 

conviction that received one point. The average number of one-point 

convictions was 2.1 and the median was one (Table 5). 

The Commission performed additional analyses of the offenses in 

federal offenders’ criminal histories to determine if the presence of a 

three-point offense indicated a more violent criminal history. Specifically, 

the Commission grouped offenders by the highest number of criminal 

history points assigned to any single prior conviction and examined 

the offender’s criminal history for the presence of a conviction for 

homicide, rape/sexual assault, or robbery. Four categories were created 

for comparison: (1) offenders with at least one three-point conviction 

(“three-point offenders”);27 (2) offenders with at least one two-point 

conviction but no three-point convictions (“two-point offenders”);28

(3) offenders with one-point convictions but no two or three-point 

convictions (“one-point offenders”); and (4) offenders with a total 

criminal history score of zero but at least one stale conviction (“zeropoint stale offenders”).29

 Three-point offenders were substantially more likely to have 

convictions for homicide, rape/sexual assault, and robbery offenses 

than offenders in the other three categories. At least one conviction 

for homicide was in the criminal histories of 3.8 percent of three-point 

offenders. Rape/sexual assault offenses were present in 7.0 percent 

of the criminal histories of these offenders. Convictions for a robbery 

offense was in 15.6 percent of their criminal histories (Figure 11).

In contrast to three-point offenders, homicide offenses were present 

in the criminal history of 0.4 percent of two-point offenders and 0.3 

percent of one-point offenders. Rape/sexual assault offenses were 

present in the criminal histories of 3.3 percent of two-point offenders 

and 1.8 percent of one-point offenders (Figure 11).

A total of 6,054 offenders had a criminal history score of zero but 

had one or more prior convictions that did not receive points under 

the guidelines. Most of these offenders (57.2%) had at least one stale 

conviction. Stale convictions can be any type of offense, including 

serious violent offenses. These offenders were more likely to have 

convictions for homicide and rape/sexual assault than both two-point 

and one-point offenders. Among the subset of zero-point offenders 

with stale convictions, 0.9 percent had at least one stale conviction for a 

homicide offense, 3.6 percent had at least one stale rape/sexual assault, 

and 2.5 percent had at least one stale robbery (Figure 11). Zero-point 

offenders with a stale conviction were also more likely to have a robbery 

offense than one-point offenders (2.5% as compared to 1.7%). Figure 12 

(p. 12) provides the full distribution of stale offenses for these zero-point 

offenders.

Categories of Offenders

3-Point Offenders 2-Point Offenders 1-Point Offenders

0-Point Offenders

with Stale Convictions

19,462 8,774 10,738 3,465

Prior Conviction N % N % N % N %

Homicide 747 3.8 39 0.4 34 0.3 32 0.9

Rape/Sexual Assault 1,359 7.0 286 3.3 198 1.8 125 3.6

Robbery 3,044 15.6 314 3.6 181 1.7 85 2.5

Figure 11.

Types of Prior Convictions by Categories of Offenders*

*This analysis includes only offenders with at least one prior non-petty conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. 

Cases missing information necessary for analysis were excluded from that analysis.

Convictions

72.8%

N=45,069

No 

Convictions

27.2%

N=16,877

Table 5.

Number of Prior Convictions for Offenders With At Least One 

1-Point Conviction*

TOTAL OFFENDERS with conviction/s 26,666 

Average No. 1-Point Convictions 2.1

Median (50%) 1

*This analysis includes only offenders with at least one prior 1-point conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 

cases reported to the Commission, 5,796 were excluded from this analysis due to 

incomplete information. Cases missing information necessary for analysis were 

excluded from that analysis.
The Criminal History of Federal Offenders 12

Convictions Not Counted Under the Guidelines

As discussed above, some convictions are not assigned criminal history 

points under the federal sentencing guidelines. Most petty and other 

minor offenses are never assigned points under the guidelines. 30

Although these offenses do not receive points under the sentencing 

guidelines, the Commission collected information on the number of 

offenders with these offenses in their criminal histories for this report. 

Petty and Other Minor Crimes

Just under half (43.5%) of federal offenders had at least one conviction 

for a petty or otherwise minor offense that was not assigned points under 

the sentencing guidelines. In total, there were 57,748 petty or minor 

convictions excluded from the criminal histories of offenders in fiscal year 

2016. Among the 19,626 offenders with convictions for a petty or other 

minor crime, the average number of these convictions was 2.9 and the 

median was two (Table 6). 

Stale Convictions

Convictions in offenders’ criminal history also may not be counted 

due to the time that has elapsed from the sentence for that conviction 

and the earliest date of relevant conduct to the offender’s instant federal 

offense.31 Just over half (51.4%) of offenders with convictions had at 

least one stale conviction that was not assigned criminal history points 

when the offender was sentenced. In total, there were 84,678 stale 

convictions excluded from offenders’ criminal histories in fiscal year 

2016. Among the 23,170 offenders with at least one stale conviction, 

the average number of stale convictions was 3.7 and the median was two 

(Table 7).

Table 6.

Offenders with Minor Prior Convictions*

*This analysis includes offenders with at least one minor prior conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 

cases reported to the Commission, 5,796 were excluded from this analysis due to 

incomplete information. Cases missing information necessary for analysis were 

excluded from that analysis.

Minor Convictions

(USSG §4A1.2(c)(1) or (2))

TOTAL OFFENDERS 19,626

Average No. Minor Convictions 2.9

Median (50%) 2

Stale Convictions

(USSG §4A1.2(e)(3) or (4))

TOTAL OFFENDERS 23,170 

Average No. Stale Convictions 3.7

Median (50%) 2

Table 7.

Offenders with Stale Prior Convictions*

*This analysis includes offenders with at least one stale prior conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 

cases reported to the Commission, 5,796 were excluded from this analysis due to 

incomplete information. Cases missing information necessary for analysis were 

excluded from that analysis.

0.9% 3.6% 2.5%

17.3%

3.2%

14.0%

6.9%

22.7%

10.0% 9.5%

18.3%

4.8% 7.9%

20.6%

6.1%

19.6%

14.4%

5.8%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Figure 12. 

Type of Prior Stale Convictions For Offenders With Zero Criminal History Points*

Violent Convictions

*This analysis includes offenders with at least one stale prior conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases missing 

information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 13

Figure 13 shows the distribution of stale offenses among all offenders 

with at least one conviction, including those without stale convictions. 

Among all offenders with any criminal history, the most common stale 

convictions were larceny (17.6%), public order offenses (16.8%), and 

drug possession (15.4%). However, 17.4 percent of all offenders with 

any criminal history had at least one stale violent offense. Assault 

was the most common prior violent stale offense, with 13.7 percent of 

offenders with any criminal history having at least one stale assault in 

their criminal history. The next most common stale violent offenses were 

robbery (2.7%), rape (1.4%), and homicide (0.4%).

Part III. Conclusion

Historically, the Commission has regularly collected data only on 

the points assigned to previous offenses under the federal sentencing 

guidelines. This is the first report that provides complete criminal 

history information for federal offenders, including the types of offenses 

in offenders’ criminal histories. It also provides information on previous 

convictions that did not receive points. 

The total number of previous convictions among federal offenders 

sentenced in fiscal year 2016 was 273,414. Most offenders (72.8%) 

had at least one conviction in their criminal histories and the average 

number of convictions was 6.1. The most common prior offenses were 

public order offenses, as 43.7 percent of offenders with prior criminal 

history had at least one conviction for a public order offense. Almost 

as many offenders had prior violent offenses (39.5%). Assault was the 

most common violent offense (29.5%) followed by robbery (8.1%), rape 

(4.4%), and homicide (1.9%). 

0.4% 1.4% 2.7%

13.7%

2.0%

7.7% 7.2%

17.6%

5.0%

9.7%

15.4%

4.3% 6.8%

10.8%

3.0%

16.8%

11.1%

4.2%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Figure 13. 

Types of Stale Convictions—Offenders With Prior Convictions*

Violent Convictions

*This analysis includes offenders with at least one prior conviction.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases missing 

information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 14

Part IV. Appendix

Methodology

As part of its mission, the Commission collects, analyzes, and 

disseminates a broad array of information on federal crime and 

sentencing practices. To conduct its research and data activities, the 

Commission relies on sentencing documents submitted by the courts. 

Within 30 days after entry of judgment in a federal criminal case the 

chief judge of the district is required by statute to ensure the Commission 

is provided copies of (1) the judgment and commitment order; (2) a 

written statement of reasons for the sentence imposed; (3) any plea 

agreement; (4) the indictment or other charging document; (5) the 

presentence investigation report (PSR); and (6) any other information 

the Commission finds appropriate.32 The Commission uses these 

documents to create its annual individual offender datafiles and other 

specialized data for its work. 

Historically, the data on an offender’s criminal history collected 

and reported by the Commission was limited to the number of points 

assigned under Chapter Four of the federal sentencing guidelines. For 

the research discussed in this report, the Commission used optical 

recognition software to extract criminal history information from the 

Juvenile Adjudication and Adult Conviction sections of an offender’s 

PSR. Data gathered on conviction information through this software for 

each juvenile adjudication or adult conviction includes: whether it was 

a juvenile adjudication or adult conviction, Chapter Four guideline(s) 

cited, jurisdiction of adjudication/conviction, date of arrest, and date of 

sentence. The conviction charge(s) were also scanned and categorized 

into 35 standardized offense types. Staff then reviewed the information 

scanned by the software and corrected any errors. 

For the analysis in this report Commission staff used the criminal 

history data along with the data in the Commission’s individual offender 

datasets. Pursuant to 28 U.S.C. § 994(w), a district court is directed to 

submit to the Commission five sentencing documents in each felony 

or Class A misdemeanor case. These documents are then analyzed to 

extract demographic, conviction, sentencing, and guideline application 

information for each case. In fiscal year 2016 the Commission’s 

individual datafile included 67,742 cases.33 Criminal history and 

complete documentation information was available for 61,946 of these 

cases.

The 35 offense categories were as follows:

• Murder • Intimidation (Not Witness) • Drug Possession

• Unspecified Manslaughter • Hit and Run with Bodily Injury • Unspecified Drug Offense

• Non-Negligent Manslaughter • Extortion • Escape/Flight

• Vehicular Manslaughter • Child Abuse • Weapons Offenses

• Negligent Manslaughter • Other Violent Offense • Court Violation

• Kidnapping • Burglary • Rioting

• Statutory Rape • Arson • Traffic

• Forcible Sex Offense • Fraud • DUI

• Robbery • Larceny/Motor Vehicle Theft • Public Order

• Aggravated Assault • Embezzlement • Immigration

• Simple Assault • Other Property • All Other Offenses

• Intimidating a Witness • Drug Trafficking

The 35 categories were further consolidated into 18 broader offense categories for analysis purposes:

• Homicide • Burglary • Weapons Offense

• Rape • Larceny • DUI

• Robbery • Fraud • Immigration

• Assault • Other Property • Public Order

• Other Violent • Drug Possession • Traffic

• Drug Trafficking • Other Drug Offense • All Other Offenses
The Criminal History of Federal Offenders 15

Appendix Tables and Figures

The Appendix tables and figures provide additional information. The 

figures in the report comparing immigration, drug trafficking, firearms, 

fraud, and child pornography offenders provide data only on offenders 

with prior convictions. 

Appendix Figure 1 and Appendix Table 1 include all offenders in 

those five categories, and provide the distribution of prior offenses in 

offenders’ criminal history. The figures in the report body only included 

offenders with convictions. Appendix Figures 2 through 4 provide the 

distribution of offenses for three-, two-, and one-point convictions. 

Appendix Figures 5 through 10 provide the distribution of offenses for 

offenders in each CHC. For these figures only offenders with criminal 

history are included. 

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Drug Trafficking Firearms Fraud Immigration Child Pornography

Appendix Figure 1.

Types of Prior Convictions by Offenders’ Instant Offense*

Type of Instant Offense

Violent Convictions

*Denominator includes offenders without convictions. 

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases missing 

information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 16 Type of Prior Conviction

Type of Instant Offense

Drug 

Trafficking Firearms Fraud Immigration

Child 

Pornography

TOTAL OFFENDERS 18,820 6,880 5,974 18,900 1,908

Homicide 1.3% 3.9% 0.6% 1.0% 0.3%

Rape/Sexual Assault 1.0% 3.0% 1.0% 3.6% 12.7%

Robbery 4.6% 19.0% 2.4% 2.7% 0.8%

Assault 20.4% 43.8% 10.5% 18.9% 7.3%

Other Violent 4.3% 9.3% 2.2% 3.9% 2.5%

Drug Trafficking 27.6% 30.4% 6.1% 17.1% 2.2%

Burglary 9.3% 26.3% 6.2% 7.3% 4.6%

Larceny 24.3% 46.5% 21.8% 14.5% 10.8%

Fraud 9.5% 14.1% 19.3% 7.9% 4.6%

Other Property 15.3% 33.2% 8.6% 11.1% 7.0%

Drug Possession 36.1% 50.8% 13.0% 19.5% 7.4%

Other Drug 12.8% 16.8% 4.2% 4.7% 3.4%

Weapon 13.9% 37.8% 4.9% 6.5% 2.8%

DUI/DWI 16.1% 17.4% 9.9% 25.1% 10.7%

Immigration 3.3% 0.7% 0.3% 42.7% 0.2%

Public Order 33.2% 57.0% 20.5% 25.2% 17.4%

Appendix Table 1. 

Types of Prior Convictions by Offenders’ Instant Offense*

*Denominator includes offenders without convictions. 

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded 

from this analysis due to incomplete information. Cases missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 17

1.3% 2.7%

5.9% 6.6%

1.1%

23.3%

6.2% 7.7% 5.0%

1.0%

10.9%

0.7%

6.8%

2.2%

12.3%

4.6%

0.5% 1.1%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 2.

Types of Prior Convictions for 3-Point Offenses

Violent Convictions

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 18

0.0% 0.7% 0.9%

9.7%

0.9%

6.1%

2.9%

10.4%

4.2% 2.6%

13.2%

1.6% 2.5%

6.6%

21.9%

9.9%

5.0%

0.8%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 3. 

Types of Prior Convictions for 2-Point Offenses

Violent Convictions

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 19

0.1% 0.4% 0.7%

9.8%

0.8% 3.2% 1.5%

13.7%

3.8% 3.4%

18.1%

4.0% 2.5%

11.7% 9.6% 8.9% 6.9%

1.1%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 4. 

Types of Prior Convictions for 1-Point Offenses

Violent Convictions

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 20

3.3% 5.0%

19.1%

55.0%

13.0%

52.6%

36.0%

63.4%

27.8%

44.5%

70.8%

27.9%

38.9%

29.6%

11.2%

76.2%

57.4%

21.9%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 5. 

Types of Prior Convictions for Offenders in Criminal History Category VI*

Violent Convictions

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 21

2.8%

6.7%

14.2%

47.9%

10.3%

34.6%

27.3%

52.7%

22.8%

35.1%

57.4%

19.6%

29.5% 30.6%

27.4%

66.6%

48.7%

16.8%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 6. 

Types of Prior Convictions for Offenders in Criminal History Category V*

Violent Convictions

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 22

2.5% 5.5%

13.0%

37.9%

8.3%

33.5%

20.8%

41.6%

16.7%

27.2%

49.1%

15.5%

25.1%

29.9% 28.9%

54.8%

42.7%

13.6%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 7. 

Types of Prior Convictions for Offenders in Criminal History Category IV*

Violent Convictions

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 23

2.3% 5.0% 7.5%

29.9%

6.2%

28.5%

12.1%

30.7%

14.5%

19.8%

37.9%

11.5%

16.3%

27.7%

24.4%

41.7%

37.7%

11.1%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 8. 

Types of Prior Convictions for Offenders in Criminal History Category III*

Violent Convictions

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 24

1.7%

4.8% 4.3%

20.1%

4.4%

22.3%

7.1%

20.6%

10.9% 12.0%

27.4%

7.6% 9.9%

21.9% 20.6%

29.0% 28.6%

8.2%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 9. 

Types of Prior Convictions for Offenders in Criminal History Category II*

Violent Convictions

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 25

0.5% 2.2% 1.4%

13.0%

2.5%

9.0%

3.8%

16.4%

8.8% 9.5%

16.0%

4.5% 5.9%

18.1%

11.6%

26.8%

35.2%

7.7%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

Appendix Figure 10. 

Types of Prior Convictions for Offenders in Criminal History Category I*

Violent Convictions

*This analysis includes offenders with at least one prior conviction in that offense category.

SOURCE: U.S. Sentencing Commission FY 2016 Criminal History Datafile. Of the 67,742 cases reported to the Commission, 5,796 were excluded from this analysis due to incomplete information. Cases 

missing information necessary for analysis were excluded from that analysis.
The Criminal History of Federal Offenders 26
The Criminal History of Federal Offenders 27

Endnotes

1 Title II, Comprehensive Crime Control Act of 1984, Pub. L. No. 98-473 

(1984).

2 18 U.S.C. § 3553(a)(1)

3 The United States Sentencing Commission is an independent agency 

in the judicial branch of government. Its principal purposes are (1) to establish 

sentencing policies and practices for the federal courts, including guidelines to 

be consulted regarding the appropriate form and severity of punishment for 

offenders convicted of federal crimes; (2) to advise and assist Congress and 

the executive branch in the development of effective and efficient crime policy; 

(3) to collect, analyze, research, and distribute a broad array of information on 

federal crime and sentencing issues; and (4) to devise and conduct seminars and 

workshops providing continuing studies for persons engaged in the sentencing 

field.

4 28 U.S.C. §§ 991(b)(1)(B), 994(d)(1), 994(h), 994(i), and 994(j).

5 “Conviction” includes criminal convictions, juvenile adjudications, and 

diversionary or deferred dispositions resulting from a finding or admission of 

guilt or a plea of nolo contendere. 

6 Public order includes offenses such as disorderly conduct, obstruction 

of justice, prostitution, gambling, and contributing to the delinquency of a minor.

7 18 U.S.C. § 922(g) criminalizes possession of a firearm for specified 

groups of people, including those who have a previous qualifying conviction. 

Therefore, criminal history is a required element for many federal firearms 

offenders. 

8 Convictions may not receive points under the guidelines due to the 

minor nature of the offense or due to the amount of time that has passed.

9 See generally U.S. Sentencing Comm’n, 2017 Sourcebook of Federal 

Sentencing Statistics (2018). The Commission receives information from the 

courts on cases in which the defendant has been convicted of a felony or a Class 

A misdemeanor. The fiscal year for the federal government begins on October 1 

and ends on September 30. The fiscal year is designated by the calendar year in 

which it ends.

10 For more information about the operation of the federal sentencing 

guidelines, see U.S. Sentencing Comm’n, Federal Sentencing: The Basics 18 

(2015). 

11 This section provides a simplified summary of the criminal history 

calculation for those sentences which resulted in points, for purposes of 

understanding the data set forth in this report. Several criminal history rules, 

including those that apply to stale convictions and revocation sentences, are not 

discussed here. For a complete understanding of the rules that govern criminal 

history, see U.S. Sentencing Comm’n, Guidelines Manual, Ch. 4 (Nov. 2016) 

[hereinafter USSG].

12 See, e.g., 21 U.S.C. § 841, 18 U.S.C. § 3559, 18 U.S.C. § 924(e).

13 For more than a decade, drugs, immigration, fraud, and firearms cases 

constituted the vast majority of federal felonies and Class A misdemeanors. For 

more information about the cases reported to the Commission see generally, U.S. 

Sentencing Comm’n., Overview of Federal Criminal Cases Fiscal Year 2016 

(2017) [hereinafter 2016 Overview].

14 For comparisons across all five instant offenses that include both 

offenders with and without convictions in the denominator, see Appendix Table 1 

and Appendix Figure 1.

15 This categorization of child pornography includes both production and 

possession.

16 USSG, supra note 11, at Ch. 4.

17 Id. at §4A1.1. 

18 In a few states, some misdemeanors are punishable by an incarceration 

sentence of 13 months or longer. Under the sentencing guidelines these 

misdemeanors would receive three points. 

19 USSG, supra note 11, at § 4A1.2(c).

20 Id. at § 4A1.2(g), (h), (i).

21 USSG, supra note 11, at § 4A1.2(j).

22 Id. at §§4A1.2(d) and (e). 

23 USSG supra note 11, at § 4A1.1(d).

24 If an offender also received status points, only one point was assigned 

for recency. If an offender did not receive status points, two points were assigned 

for recency.

25 See USSG, supra note 11, at App. C, amend. 742 (eff. Nov. 1, 2010).

26 For information on offenses for each individual CHC, see Appendix 
The Criminal History of Federal Offenders 28

Figures 5 through 10.

27 Some of these offenders also had two-point and one-point convictions 

in their criminal history in addition to their three-point convictions.

28 Some of these offenders also had one-point convictions in their 

criminal history in addition to their two-point convictions.

29 All categories of offenders included some with stale convictions in 

addition to convictions that were assigned criminal history points. 

30 USSG, supra note 11, at §4A1.2(c). 

31 A conviction may be excluded under both the petty and staleness 

provisions.

32 28 U.S.C. § 994(w)(1).

33 Each case represents an individual offender.
The Criminal History of Federal Offenders 29
The Criminal History of Federal Offenders 30