Fiscal Year 2019

Overview of Federal 

Criminal Cases

United States Sentencing Commission

Published April 2020
United States Sentencing Commission

Charles R. Breyer

Commissioner

Danny C. Reeves

Commissioner

Patricia K. Cushwa

Ex Officio Commissioner

Candice C. Wong

Ex Officio Commissioner

Kenneth P. Cohen

Staff Director

Glenn R. Schmitt

Director, Office of Research and Data
Table of Contents

Federal Caseload at a Glance ......................................2

Federal Offenders by Type of Crime..........................4

Individual Offender Characteristics ...........................6

Case Disposition and Sentence Imposed .................8

The Most Common Crimes........................................11

Immigration Offenses ................................... 12

Drug Offenses................................................ 13

Firearms Offenses ......................................... 18

Economic Offenses ....................................... 20

Organizational Offenses.............................................21

Resentencings and Other Modifications ................22

Fiscal Year 2019

Overview of Federal 

Criminal Cases

By 

Glenn R. Schmitt, J.D., M.P.P, Director, Office of Research & Data 

& Amanda Russell, M.A., Research Associate

The United States Sentencing Commission1 received 

information on 76,656 federal criminal cases in which the 

offender was sentenced in fiscal year 2019.2 Among these 

cases, 76,538 involved an individual offender and 118 

involved a corporation or other “organizational” offender. The 

Commission also received information on 5,139 cases in which 

the court resentenced the offender or otherwise modified the 

sentence that had been previously imposed. This publication 

provides an overview of these cases. 

Page 1 
Page 2

Federal Caseload 

at a Glance

The 76,538 individual original cases reported to the Commission in 

fiscal year 2019 represent an increase of 7,113 (10.2%) cases from 

fiscal year 2018, the second consecutive annual increase. The number 

of offenders sentenced in the federal courts reached a peak in fiscal 

year 20113 and had declined each year afterward until fiscal year 

2018. Although the increase from fiscal years 2018 to 2019 is the 

largest percentage change in 15 years, the number of cases reported 

is still almost 10,000 cases below those reported in fiscal year 2011.

The increase in the number of cases in fiscal year 2019 was not 

distributed evenly across all crime types. Immigration cases increased 

the most, rising by 5,471 (or 22.9%) from the previous year. Firearms 

cases grew by 969, representing a 12.9 percent increase and continuing 

a four-year upward trend. Finally, the number of drug trafficking cases 

increased by 1,083 cases—a 5.8 percent increase over the previous 

year—although the number of cases has hovered around 20,000 for 

each of the past five years. 

Despite the increase in the overall caseload, the number of offenders 

sentenced for some case types decreased in fiscal year 2019. While 

drug trafficking cases increased slightly, the number of drug possession 

cases decreased to 563—27.5 percent fewer than the year before and 

a 75.2 percent decrease from fiscal year 2015. The number of fraud, 

theft, or embezzlement cases also continued to fall, decreasing by 3.5 

percent from the year before.
The 10% increase in FY19 

marked the second consecutive 

uptick in the number of federal 

offenders sentenced annually.

83,946 86,201 84,173

80,035

75,836

71,003

67,742 66,873 69,425

76,538 

0

50,000

100,000

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Number of Federal Offenders Over Time

Page 3 

Five judicial districts accounted for 40.8 

percent of all individual offenders sentenced 

in fiscal year 2019. The Western District of 

Texas reported 12.8 percent of the total 

number of individual offenders sentenced, 

followed by the Southern District of Texas at 

10.2 percent. The next highest districts were 

the District of Arizona (7.3%), the Southern 

District of California (5.3%), and the District 

of New Mexico (5.2%). The higher numbers 

of offenders in these five districts were 

driven largely by immigration cases; between 

59.9 percent (Southern California) and 81.7 

percent (New Mexico) of the cases in each of 

these districts were related to immigration. 
Page 4

Federal Offenders 

by Type of Crime

Immigration

38.4%

Drugs

26.6% Firearms

11.1%

Child Pornography

1.8%

Sexual Abuse

1.5%

Other

8.3%

Money Laundering

1.5%

Robbery

2.4%

Fraud/Theft/Embezzlement

8.3%

Federal Offenders by Type of Crime

For more than a decade, four crime types have comprised the majority 

of federal felonies and Class A misdemeanors: drugs, immigration, 

firearms, and fraud, theft, or embezzlement. This trend continued in 

fiscal year 2019, as these crime types accounted for 84.4 percent of 

all cases reported to the Commission. Of all cases reported in the last 

fiscal year, 96.4 percent were felony offenses. 
Page 5 

Immigration

 Drugs

 Firearms

 Fraud, Theft, or Embezzlement

5,764 6,087 6,759

7,512

8,855 8,481 7,933 7,048

6,620 6,390

20,951 20,118 20,496

23,883

29,354

22,766

21,531 20,913

19,524

20,393

0

5,000

10,000

15,000

20,000

25,000

30,000

2015 2016 2017 2018 2019

Firearms Fraud/Theft/Embezzlement Immigration Drugs

Federal Offenders Over Time by Type of Crime

Immigration offenses continued to be the most common federal crime in fiscal year 2019, 

accounting for 38.4 percent of the total caseload. The 29,354 immigration cases represented 

a 22.9 percent increase from the 23,883 cases reported in fiscal year 2018.

Drug offenses of all types were the second most common federal crime in fiscal year 2019. 

The 20,393 total drug cases reported to the Commission accounted for 26.6 percent of all 

cases, an increase of 869 cases from the year before.

Firearms cases represented the third most common federal offense again in fiscal year 2019. 

There were 8,481 firearms cases reported to the Commission, accounting for 11.1 percent 

of the caseload. Firearms offenses have continued to increase not only in number but also 

as a percentage of the total.

Finally, 6,390 cases involving fraud, theft, or embezzlement were reported to the Commission 

in fiscal year 2019, accounting for 8.3 percent of the total federal caseload. The number of 

these cases fell by 3.5 percent from the year before and are 27.8 percent below the number 

reported in fiscal year 2015.4
Page 6

Individual Offender 

Characteristics

Male

87.7% Female

12.3%

Gender

White

19.9%

Black

20.2%

Hispanic

56.3%

Other

3.6%

Race

Men continued to outnumber women in the 

federal offender population in fiscal year 2019, 

comprising 87.7 percent of offenders. Male 

offenders were most commonly sentenced 

for an immigration offense (40.6% of all men 

sentenced), while female offenders were 

most commonly involved in drug trafficking 

offenses (35.4% of all women sentenced). 

In fiscal year 2019, 56.3 percent of all federal 

offenders were Hispanic, while 20.2 percent 

were Black, and 19.9 percent were White.5

The racial distribution of offenders varied 

widely across offense types. For example, 

Hispanic offenders made up 96.4 percent 

of immigration offenders, while White 

offenders accounted for the majority of 

child pornography cases (80.3%). Hispanic 

offenders were most commonly sentenced 

for immigration offenses (65.8% of all 

Hispanics), while White and Black offenders 

were most commonly sentenced for drug 

trafficking (33.1% and 35.4%, respectively). 
Page 7 

U.S. 

Citizen

55.4%

Non-U.S. 

Citizen

44.6%

Citizenship

Category I

45.7%

Category II

14.6%

Category III

16.2%

Category IV

9.3%

Category V

5.5%

Category VI

8.6%

Criminal History Category

Just over half of all federal offenders were 

United States citizens (55.4%). Most noncitizen offenders committed an immigration 

offense (78.8% of non-citizens), while citizens 

most commonly committed a drug trafficking 

offense (37.0% of citizens). Non-citizens 

receive prison-only sentences 96.3 percent 

of the time, more often than citizens (83.8%).

The average age of offenders in fiscal 

year 2019 was 36, similar to that of prior 

years. Offenders in all age groups, except 

those over 60, were most likely to commit 

an immigration offense, followed by drug 

trafficking. Offenders over the age of 60 

were most likely to commit a fraud, theft, 

or embezzlement offense, followed by drug 

trafficking and immigration offenses. Nearly 

half of all federal offenders sentenced in fiscal 

year 2019 (48.5%) had not completed high 

school, and only 5.5 percent of offenders had 

completed college. 

Most federal offenders were assigned to 

Criminal History Category (CHC) I (45.7%), 

the lowest category. About one-third of fiscal 

year 2019 offenders were assigned to CHC 

II (14.6%) or CHC III (16.2%). The remaining 

23.4 percent fell into CHC IV (9.3%), CHC 

V (5.5%) and CHC VI (8.6%). In fiscal year 

2019, 1,737 offenders were deemed to be 

“career offenders” and 315 offenders were 

sentenced as “armed career criminals.” 
Page 8

Case Disposition and 

Sentence Imposed

Prison Only

89.0%

Prison and Alternatives

2.7%

Probation and Alternatives

1.7% Probation Only

6.0%

Fine Only

0.5%

Sentence Imposed

In fiscal year 2019, the vast majority of offenders (97.6%) pleaded 

guilty. This rate has been consistent for more than 15 years. 

Defendants charged with more serious crimes pleaded guilty less 

often; offenders who were convicted of murder, individual rights 

violations, kidnapping, and arson went to trial in more than 10 percent 

of those cases. 

Most federal offenders convicted of a felony or Class A misdemeanor 

received a sentence of incarceration. In fiscal year 2019, a prison-only 

sentence was imposed on 89.0 percent of all offenders. Another 6.0 

percent of offenders received a sentence of probation only (i.e., where 

no type of confinement was imposed), a rate that has decreased over 
Page 9 

time from a high of 15.3 percent in 1990.6

An additional 1.7 percent of offenders were 

sentenced to periods of probation and some 

type of alternative confinement, and 2.7 

percent were sentenced to a combination of 

imprisonment and alternative confinement, 

such as in a half-way house or home 

confinement.7 Only 0.5 percent of offenders 

received a fine-only sentence.

The length of sentence imposed in federal 

cases varied greatly depending on the 

seriousness of the offense.8 Though the 

average sentence in 2019 was 42 months, 

offenders convicted of murder received the 

longest terms of confinement at 255 months 

on average. Drug possession was punished 

least severely, with offenders receiving 

sentences of two months, on average. 

The average sentence imposed has increased 

for some offenses. Drug trafficking offenders, 

for example, received an average sentence of 

76 months in 2019—10 months longer than 

the average sentence in fiscal year 2015 for 

that offense. Sexual abuse offenders averaged 

205 months’ confinement, an increase of 

20 months over their average sentence five 

years ago. However, the average sentence 

for many offense types continued a five-year 

downward trend. Drug possession sentences 

fell three months from 2015 to an average 

of two months, firearms sentences fell eight 

months to an average of 50, and immigration 

sentences fell five months to an average of 

nine months.9

Overall, 73.0 percent of offenders received 

a sentence of less than five years, 14.7 

percent of offenders received a sentence of 

five years or longer but less than ten years, 

and 12.2 percent received a sentence of ten 

years or longer, excluding life imprisonment. 

In fiscal year 2019, 133 federal offenders 

were sentenced to life imprisonment and no 

offenders were sentenced to death. 

Less than 5 years

73.0%

5 to less than 10 years

14.7%

10 to less than 20 years

9.8%

20 years to less than Life

2.3%

Life Imprisonment

0.2%

Average Length of Imprisonment
Page 10

Courts imposed fines in 6.6 percent of all cases in which an individual 

offender was sentenced in fiscal year 2019, either as the sole 

punishment or combined with some other sanction. Fines were most 

commonly imposed in antitrust (90.0%), environmental (49.7%), and 

food and drug (41.7%) cases. When the offender was an organization, 

courts imposed a fine in more than three-quarters of the cases 

(76.3%).

Courts ordered restitution to be paid to the victim of the crime in 

12.5 percent of all cases in which an individual was the offender. 

Restitution was most commonly ordered in cases involving tax 

(88.8%), fraud, theft, or embezzlement (75.1%), arson (75.0%), 

robbery (69.1%), and forgery, counterfeit, or copyright (62.3%). The 

total amount of restitution ordered was $7,732,272,449. Restitution 

was ordered in 28.0 percent of the cases where the offender was an 

organization for a total of $158,397,822. 

Most offenders were sentenced to serve a period of supervised 

release—in fiscal year 2019, that figure was 74.8 percent of all 

offenders. In immigration cases, however, supervised release was 

imposed in 57.7 percent of the cases, reflecting the fact that many 

immigration offenders are ordered deported from the United States 

once they complete their incarceration sentence. Supervised release 

was imposed in 85.5 percent of all cases not involving immigration. 

The average length of supervised release imposed was 44 months, 

and the median length was 36 months. Sexual abuse and child 

pornography offenders were sentenced to substantially longer 

periods of supervised release than other offenders. The average 

length of supervised release imposed in sexual abuse cases was 211 

months and was 194 months for child pornography cases. The median 

supervised release sentence for both offenses was 120 months.
Page 11 

Immigration

38.4%

Drugs

26.6% Firearms

11.1%

Child Pornography

1.8%

Sexual Abuse

1.5%

Other

8.3%

Money Laundering

1.5%

Robbery

2.4%

Fraud/Theft/Embezzlement

8.3%

Federal Offenders by Type of Crime

The Most 

Common Crimes
Page 12

Immigration 

Offenses

As discussed above, immigration cases were the most common felony 

and Class A misdemeanor federal crimes in fiscal year 2019. The 

29,354 immigration offenses represented 38.4 percent of the cases 

reported to the Commission. This number is a 22.9 percent increase 

from fiscal year 2018. 

Offenders sentenced under the immigration guidelines differ from 

other federal offenders in several ways: more often they were noncitizens, Hispanic, less educated, and male than non-immigration 

offenders. Non-citizens accounted for 91.3 percent of immigration 

offenses. Similarly, while Hispanics accounted for only 31.2 percent 

of non-immigration offenders, they made up 96.4 percent of 

immigration offenders. Immigration offenders more often had less 

than a high school education (80.5%), compared with offenders 

convicted of other crimes (32.1%). Finally, while men committed a 

majority (84.5%) of non-immigration offenses, they committed an 

even higher proportion of immigration crimes (92.9%).

Of the 29,354 immigration offenders, 26,630 offenders (90.7%) were 

sentenced under one of the four primary immigration guidelines.10

Most of these offenses involved either the unlawful reentry into the 

United States or unlawfully remaining in the United States without 

authority (82.9%). Another 13.1 percent were alien smuggling 

offenses.
Page 13 

Drug

Offenses

Drug offenses were the second most common federal crimes in 

fiscal year 2019. Most of the 20,393 drug cases reported to the 

Commission involved the manufacture, sale, or transportation of a 

drug,11 although 563 involved a conviction for drug possession.12

While drug possession cases continued a five-year downward trend, 

decreasing 27.5 percent from fiscal year 2018, the number of drug 

trafficking cases increased for the first time in the past five years—

rising 5.8 percent.13

Methamphetamine was the most prevalent drug type in these cases. 

The 8,467 methamphetamine cases represented 42.2 percent of all 

drug crimes. The number of methamphetamine cases has increased 

substantially since fiscal year 1994, when those cases accounted for 

only 6.4 percent of all drug cases. 

Offenses involving cocaine, in either powder form or base (crack) 

form, were the second most common drug crimes. The 3,592 powder 

cocaine cases accounted for 17.9 percent of all drug cases while the 

1,573 crack cocaine cases accounted for 7.8 percent. The number of 

crack cocaine cases has fallen by 74.5 percent since fiscal year 2008, 

the year in which the largest number of those cases was reported 

to the Commission.14 That year, the 6,168 crack cocaine cases 

represented 24.3 percent of all drug cases.
Page 14

Powder Cocaine

17.9%

Crack Cocaine

7.8%

Heroin

12.6%

Marijuana

8.6%

Other

10.9%

Methamphetamine

42.2%

Primary Drug Type in Federal Drug Cases

Of the remaining drug cases, heroin cases 

accounted for 12.6 percent of the cases, 

marijuana for 8.6 percent, and cases involving 

“other” drugs, mostly prescription drugs such 

as oxycodone, accounted for 10.9 percent of 

all drug offenses. The number of heroin cases 

has increased by 55.9 percent since fiscal 

year 2010. Conversely, marijuana cases have 

declined by 72.6 percent in the same time 

period.15

Of the 20,393 drug offenders, 19,765 

were sentenced under the seven primary 

drug trafficking guidelines.16 Most drug 

trafficking offenders were United States 

citizens (78.8%), although citizenship varied 

depending on the type of drug involved in the 

offense. For example, United States citizens 

were responsible for 98.2 percent of drug 

trafficking offenses involving crack cocaine, 

but only 56.7 percent of those involving 

marijuana.

The race of drug trafficking offenders varied 

even more widely by the type of drug 

involved in the offense. The largest racial 

group of drug trafficking offenders convicted 

in federal court were Hispanic (44.3%), 

while Black offenders constituted 27.4 

percent and White offenders made up 25.2 

percent. The higher percentage of Hispanic 

offenders was driven largely by powder 

cocaine and marijuana trafficking offenses, 

of which they accounted for 65.6 and 67.6 

percent, respectively, of cases involving 

those drugs. In contrast, Black offenders 

were the most common racial group in crack 

cocaine and heroin trafficking offenses—81.1 

percent and 42.6 percent, respectively. 

Methamphetamine trafficking offenses were 

split almost evenly between Hispanic (42.5%) 

and White (39.7%) offenders. 
Page 15 

70 mos.

78 mos.

70 mos.

31 mos.

95 mos.

0 12 24 36 48 60 72 84 96 108 120

Powder Cocaine

Crack Cocaine

Heroin

Marijuana

Methamphetamine

Average Sentence Length of Drug Trafficking Offenders

(in months)

Most drug trafficking offenders (83.2%) were 

male. Men outnumbered women most often 

in convictions for trafficking crack cocaine 

(91.9% compared to 8.1%). Of the 3,315 

female drug traffickers, over half (56.1%) were 

involved in trafficking methamphetamine.

Weapons were involved in 23.6 percent of all 

drug trafficking offenses. As with the other 

aspects of these cases, the rate of weapon 

involvement varied depending on the type 

of drug involved, ranging from 38.2 percent 

in crack cocaine cases to 16.1 percent in 

marijuana cases.

 

Sentences were highest for trafficking 

offenses involving methamphetamine (95 

months on average) and lowest for those 

involving marijuana (31 months on average). 

The average length of drug trafficking 

sentences overall continued to increase from 

fiscal year 2015, though this was not true for 

all drug types. The largest increase in the last 

five years among the major drug types was in 

methamphetamine trafficking cases, where 

the average sentence length increased by 

11.8 percent. 

Several factors can affect the sentence 

imposed in drug offenses, including statutory 

mandatory minimum penalties, the quantity 

of the drugs involved in the case, the prior 

criminal history of the offender, and whether 

the offender assisted the government in 

the investigation of his or her crime and 

other crimes. Mandatory minimum penalties 

enacted by Congress17 play a large part in 

determining the sentence for drug offenders, 

either outright or through the impact of these 

statutes on the structure of the guidelines.18

In fiscal year 2019, over half (65.7%) of all 

drug trafficking offenders were convicted of 

an offense carrying a mandatory minimum 

penalty. 
Page 16

In fiscal year 2019, methamphetamine drug 

trafficking offenders and powder cocaine 

drug trafficking offenders were convicted of 

an offense that carried a mandatory minimum 

penalty at the highest rates—80.7 percent in 

methamphetamine cases and 74.0 percent 

in powder cocaine cases.19 Mandatory 

minimum penalties were least common in 

drug trafficking cases involving “other” drugs, 

applying to 30.2 percent of those cases. 

In fiscal year 2019, enhanced penalties 

under 21 U.S.C. § 851 were sought by the 

government in 1,705 drug trafficking cases 

where the offender had been convicted 

previously of one or more predicate offenses. 

However, in 41.2 percent of those cases 

the government eventually withdrew the 

enhancement prior to sentencing.20 

Many offenders convicted of an offense 

carrying a mandatory minimum penalty 

are able to obtain relief from that penalty 

through the “safety valve” exception to such 

sentences, which requires courts to sentence 

the offender without regard to any otherwise 

applicable mandatory minimum punishment 

when certain conditions are met.21 Among 

all drug trafficking offenders convicted under 

a statute carrying a mandatory minimum 

penalty, 57.8 percent received relief from that 

penalty in fiscal year 2019. Marijuana drug 

trafficking offenders obtained relief from a 

mandatory minimum sentence through the 

safety valve exception most often, in 63.9 

percent of all marijuana trafficking cases 

in which the offender was convicted under 

a statute carrying a mandatory minimum 

penalty. In contrast, only 10.9 percent of 

crack cocaine drug trafficking offenders 

obtained this relief. 

73.8%

46.7%

57.8%

36.9%

80.8%

0.0% 25.0% 50.0% 75.0% 100.0%

Powder Cocaine

Crack Cocaine

Heroin

Marijuana

Methamphetamine

Application of Mandatory Minimum Penalties in Drug Trafficking Cases
Page 17 

This difference is due largely to the 

differing criminal histories of marijuana and 

crack cocaine drug trafficking offenders. 

To be eligible for the statutory safety valve, 

offenders must meet specific limits on the 

extent and nature of their past criminal 

history.22 In fiscal year 2019, 88.2 percent 

of all marijuana drug trafficking offenders 

were assigned to one of the three lowest 

criminal history categories (with 65.2% of all 

marijuana drug trafficking offenders assigned 

to CHC I). This compares with 52.4 percent 

of crack cocaine drug trafficking offenders 

assigned to the three lowest CHCs, and just 

18.8 percent of crack cocaine offenders 

assigned to CHC I. 

Overall, crack cocaine offenders have a 

more serious criminal history than any other 

group of drug traffickers.23 Of crack cocaine 

drug trafficking offenders, 25.8 percent 

were assigned to the most serious criminal 

history category (CHC VI). In contrast, 

marijuana drug trafficking offenders were 

assigned to CHC VI in only 4.5 percent 

of cases. By comparison, 16.1 percent of 

methamphetamine drug trafficking offenders 

and 16.0 percent of heroin drug trafficking 

offenders were assigned to CHC VI. 

An offender’s role in the offense also can 

affect the guideline range the judge considers 

when imposing a sentence. In fiscal year 2019, 

the applicable guideline range was lowered 

in 19.3 percent of all drug trafficking cases 

because of the offender’s minor or minimal 

role in the offense.24 This adjustment applied 

in 38.3 percent of marijuana cases compared 

to only 3.8 percent of crack cocaine cases. 

In 7.3 percent of all drug trafficking cases, 

the applicable guideline range was increased 

because of the offender’s role as an organizer, 

leader, manager, or supervisor.25

In 41% of 21 U.S.C. § 851 filings, 

the government withdrew 

the enhancement before 

sentencing.
Page 18

Firearms 

Offenses

Crimes involving firearms26 accounted for 11.1 percent of the total 

number of federal criminal convictions in fiscal year 2019. The 8,481 

firearms cases reported to the Commission represent an increase 

of 12.9 percent from the prior year. Of the 8,481 firearms cases, 

most (8,475) were sentenced under one of the five primary firearms 

guidelines.27 

Most firearms offenses involved the unlawful receipt, possession, 

or transportation of firearms or ammunition, or were prohibited 

transactions involving firearms or ammunition (93.8%). More than 

two-thirds of firearms cases (67.6%) involved the illegal possession 

of a firearm, usually by a convicted felon.28 Of all firearms cases, 7.6 

percent involved the possession or use of a firearm in connection 

with a crime of violence or drug trafficking crime,29 and in 4.9 percent 

of firearms cases this was the only count of conviction. 

Firearms offenders were primarily United States citizens (95.3%) 

and male (95.8%). Over half (53.0%) were Black, 25.5 percent were 

White, and 18.7 percent were Hispanic. In fiscal year 2019, almost half 

(43.5%) of firearms offenders were age 30 or younger. Over one-third 

(37.1%) did not complete high school while 44.9 percent completed 

high school and 18.0 percent attended or completed college.
Page 19 

In fiscal year 2019, 10.7 percent of firearms 

offenders were convicted of a firearm offense 

carrying a mandatory minimum penalty.30

Among those firearm offenders convicted of 

possession or use of a firearm in connection 

with a crime of violence or drug trafficking 

crime, almost two-thirds (66.5%) were 

convicted of an offense carrying a five-year 

mandatory minimum penalty. An additional 

19.1 percent of the cases involving these 

offenders carried a seven-year minimum 

penalty, and 14.5 percent carried a minimum 

penalty of ten years or longer.

In certain other types of cases, the court 

may also consider the possession or use of 

a dangerous weapon when determining the 

sentence. In the cases with complete guideline 

application information reported to the 

Commission in fiscal year 2019, the sentences 

imposed in 10.1 percent of the cases were 

enhanced (either through application of a 

specific offense characteristic under the 

sentencing guidelines or by statute) because 

a firearm or other dangerous weapon (e.g., 

knife) was involved in the offense.

The 8,481 firearms offenders 

sentenced in FY19 represent 

a 13% increase from the prior 

year. 
Page 20

Economic 

Offenses

A total of 8,006 offenders were sentenced under one of the basic 

economic crime guidelines in fiscal year 2019.31 Cases involving theft, 

property destruction, or fraud were the largest portion of these cases 

(71.3%). The 6,390 fraud, theft, or embezzlement cases reported to 

the Commission accounted for the fourth largest portion (8.3%) of 

all federal criminal convictions for fiscal year 2019, a decrease of 3.5 

percent from the prior year.

About forty percent (38.4%) of economic crime offenders were White, 

35.8 percent were Black, and 19.8 percent were Hispanic. Most 

were United States citizens (87.4%) and about three-fourths (75.3%) 

of economic crime offenders were male. These offenders were, on 

average, older and more educated than other offenders. Almost half 

of economic crime offenders were age 41 and older (44.7%) and 46.0 

percent completed at least some college.

The losses in these cases ranged from no loss (364 cases) to $20 

billion (one case), with an average loss amount of $6,211,930 and a 

median loss amount of $59,027.
Page 21 

Organizational 

Offenses

Organizations such as corporations and partnerships can be prosecuted 

for violating federal criminal law, and 118 organizations were sentenced in 

fiscal year 2019. Among these defendants, 72.9 percent were corporations, 

20.8 percent were limited liability companies, and 6.3 percent were sole 

proprietorships. The number of organizational offenders has continued to 

trend downward from a peak of 304 in 2000, and while 118 represents an 

increase over the 99 organizational offenders sentenced in 2018, it is still 

lower than the number sentenced in any other year since the Commission 

began reporting this data in 1996. 

Most organizational offenders (65.8%) had fewer than 50 employees. 

Only 10.1 percent had 1,000 or more employees. Almost twenty 

percent (18.6%) of organizations were in the business of manufacturing, 

production, design, inspection, sales and distribution and about fifteen 

percent (16.9%) were in health care services and supplies.

Of the 118 organizational offenders, 94.1 percent pleaded guilty to one 

or more charges in fiscal year 2019. The most common crimes for which 

organizational defendants were convicted were fraud and environmental 

crimes. In 74 cases, a fine was the sole financial component of the 

sentence imposed. In an additional 16 cases, the organization was 

sentenced to pay restitution to the victim of the crime as well as to pay 

a fine. In 17 cases, the sole financial component of the sentence was the 

payment of restitution. Organizations were ordered to pay $158,397,822 

in restitution and $947,558,533 in fines, for a total of $1,105,956,355. No 

fine or restitution was imposed in 11 cases, although other sanctions were 

ordered in some of these cases. Additionally, of the 118 organizational 

offenders, 80 were sentenced to some term of probation, and 22 were 

ordered to institute, or make improvements to, a compliance or ethics 

program. 
Page 22

In fiscal year 2019, the Commission received documentation on 5,139 

resentencings and other modifications of sentence. This represents 

a 58.6 percent increase from last year. Modifications of sentence 

under one section of the First Step Act of 201832 accounted for 42.1 

percent of all resentencings or sentence modifications. The next most 

common reason, in 20.8 of these cases, was substantial assistance to 

the government in investigating or prosecuting another person after 

the offender was sentenced.

Resentencings and 

Other Modifications 

of Sentence

Substantial Assistance

Fed. R. Crim. P. 35(b)

20.8%

Remand by Circuit Court

18 U.S.C. § 3742(f)(1)/(2)

10.0%

Compelling Reasons 

Modification 

18 U.S.C. § 3582(c)(1)(A)

1.8%

Retroactive Amendment 

Modification

18 U.S.C. § 3582(c)(2)

5.4%

District Court Motion

28 U.S.C. § 2255

5.3%

District Court Motion 

18 U.S.C. § 3559(c)(7)

0.3%

Restitution Order Modification

18 U.S.C. § 3664

13.1%

Unknown Type of 

Resentencing

1.1%

First Step Act (Sec. 404) 

42.1%

Resentencings and Other Modifications of Sentence
Page 23 

Endnotes

1 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.

2 The Commission receives information from the courts on cases in which the defendant has been convicted 

of a felony or a Class A misdemeanor. See U.S. Sentencing Comm’n, Guidelines Manual, §1B1.9 (Nov. 2018) 

[hereinafter USSG]. 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.

3 In fiscal year 2011, 86,201 individual offenders were sentenced. U.S. Sentencing Comm’n, 2011 

Sourcebook of Federal Sentencing Statistics iv (2012) [hereinafter Sourcebook], https://www.ussc.gov/research/

sourcebook/archive/sourcebook-2011. 

4 Due to methodological changes, direct comparisons between data from fiscal year 2019 cannot always 

be made to data reported in the Sourcebook of Federal Sentencing Statistics for years before fiscal year 2018. 

For more information on these methodological changes, see the 2018 Sourcebook, supra, at 29, https://www.

ussc.gov/research/sourcebook/archive/sourcebook-2018.

5 Information on race of the offender is obtained from the Presentence Investigation Report and recorded 

in separate categories of race and ethnicity. Race data indicate whether the offender is White, Black, Native 

American or Alaskan Native, Asian or Pacific Islander, Multiracial, or “Other.” Ethnicity data indicate whether 

an offender is of Hispanic origin. Offenders whose ethnic background is designated as Hispanic are represented 

as Hispanic in all analysis in this report regardless of racial background.

6 See U.S. Sentencing Comm’n, 1990 Annual Report 53 (1991), https://www.ussc.gov/about/annual-report/

archive/annual-report-1990. Fiscal year 1990 was the first year for which the Commission reported sentencing 

data. The types of offenses reported that year were very different than those reported in fiscal year 2019. See 

id. at 43

7 For more information concerning the use of alternative sentences in the federal system, see generally

Courtney Semisch, U.S. Sentencing Comm’n, Alternative Sentences in the Federal Criminal Justice System (2015), 

https://www.ussc.gov/research/research-publications/2015-report-alternative-sentencing-federal-criminaljustice-system.

8 Probation sentences are included in the calculation of average sentence as zero months. Over half (68.8%) 

of food and drug offenders and 46.9 percent of environmental offenders received a sentence of probation 

with no type of confinement. More than 40 percent (41.7%) of food and drug offenders and 49.7 percent of 

environmental offenders were fined as part of their sentence.

9 See 2019 Sourcebook, supra note 3, https://www.ussc.gov/research/sourcebook-2019.
Page 24

10 The immigration guidelines are USSG §§2L1.1 (Alien Smuggling), 2L1.2 (Unlawful Entering or Remaining 

in the United States), 2L2.1 (Trafficking in Immigration Documents, or Making False or Fraudulent Immigration 

Statements), and 2L2.2 (Acquiring Fraudulent Immigration Documents). Complete guideline information was 

not available for the remaining immigration offenders. 

11 This number also includes persons convicted of one or more crimes in addition to a drug offense.

12 But see Melissa K. Reimer, U.S. Sentencing Comm’n, Simple Possession of Drugs in the Federal Criminal Justice

System (2016) (finding that much of the 400 percent increase in the number of simple possession cases between 

fiscal years 2008 and 2013 was attributable to marijuana cases in one district that involved qualities of the drug 

usually associated with drug trafficking).

13 See 2019 Sourcebook, supra note 9.

14 Id.

15 Id.

16 The drug trafficking guidelines are USSG §§2D1.1 (Drug Trafficking), 2D1.2 (Protected Locations), 

2D1.5 (Continuing Criminal Enterprise), 2D1.6 (Use of a Communication Facility), 2D1.8 (Rent/Manage Drug 

Establishment), 2D1.10 (Endangering Human Life While Manufacturing), or 2D1.14 (Narco-Terrorism).

17 For more information on the use of mandatory minimum penalties generally, see U.S. Sentencing Comm’n, 

Overview of Mandatory Minimum Penalties in the Federal Criminal Justice System (2017), https://www.ussc.gov/

research/research-reports/2017-overview-mandatory-minimum-penalties-federal-criminal-justice-system.

For information on the use of mandatory minimum penalties in drug cases, see U.S. Sentencing Comm’n, 

Mandatory Minimum Penalties for Drug Offenses in the Federal Criminal Justice System (2017), https://www.ussc.

gov/research/research-reports/mandatory-minimum-penalties-drug-offenses-federal-system.

18 The Commission’s general practice has been to incorporate statutory minimum penalties into the 

structure of the guidelines. For example, in drug trafficking cases, the offense levels that correspond to the 

drug quantities that trigger the statutory mandatory minimum penalties provide for a sentencing range for an 

offender with no prior criminal history that includes the statutory penalty. The remaining sentencing ranges are 

extrapolated upward and downward from the guideline ranges that include the mandatory minimum penalties. 

See generally USSG, App. C, amend. 782 (effective Nov. 1, 2014).

19 Some of these offenders received a sentence that was lower than the applicable statutory mandatory 

minimum punishment due to the operation of 18 U.S.C. §§ 3553(e) or (f). Subsection (e) authorizes courts to 

impose a sentence that is below a statutory mandatory minimum when the offender has provided substantial 

assistance to the government in investigating or prosecuting another offender. Subsection (f) requires courts 

to impose a sentence on a non-violent offender with no or limited criminal background without regard to a 

statutory mandatory minimum punishment when certain other conditions are met.

20 For more information about the use of enhanced penalties in drug trafficking cases, see U.S. Sentencing

Comm’n, Application and Impact of 21 U.S.C. § 851: Enhanced Penalties For Federal Drug Trafficking Offenders

(2018), https://www.ussc.gov/research/research-reports/application-and-impact-section-851-enhancements.
Page 25 

21 See 18 U.S.C. § 3553(f).

22 For most of the first quarter of fiscal year 2019, only offenders assigned to CHC I were eligible to receive 

the benefit of the statutory safety valve. Congress relaxed this criminal history limitation in the First Step Act of 

2018 (Pub. L. No. 115–391, § 402, 132 Stat. 5194). However, to be eligible, offenders must have no more than 

four criminal history points (as offenses are scored under the Guidelines Manual) not counting points resulting 

from 1-point prior offenses, have no 3-point prior offenses, and have no 2-point violent prior offenses. These 

changes applied to cases in which the conviction was entered on or after the date of enactment of the act 

(December 21, 2018).

23 Under the guidelines, offenders are assigned to one of six criminal history categories based on their prior 

criminal history. The criminal history score establishes the CHC for an offender. See generally USSG, Ch.4. The 

CHC, along with the final offense level, determines the sentencing range under the guidelines.

24 See USSG at §3B1.2.

25 See USSG at §3B1.1.

26 Firearms crime includes unlawful possession or transportation of firearms or ammunition; unlawful 

trafficking in explosives; possession of guns or explosives in a federal facility, a school, or on an aircraft; the use 

of fire or explosives to commit a felony; and the use of firearms or ammunition during a crime.

27 The primary firearms guidelines are USSG §§2K1.3 (Unlawful Receipt, Possession, or Transportation 

of Explosive Materials), 2K1.4 (Arson or Property Damage by Use of Explosives), 2K2.1 (Unlawful Receipt, 

Possession, or Transportation of Firearms or Ammunition), 2K2.4 (Use of Firearm During or in Relation to 

Certain Crimes), and 2K2.5 (Possession of Firearm or Dangerous Weapon in Federal Facility or in School Zone).

28 I.e., a case in which 18 U.S.C. § 922(g)(1) was a statute of conviction.

29 I.e., a case in which 18 U.S.C. § 924(c) was a statute of conviction.

30 Mandatory minimum penalties apply to violations of 18 U.S.C. § 924(c) and 18 U.S.C. § 924(e).

31 The basic economic offense guidelines include USSG §§2B1.1 (Theft, Property Destruction, and Fraud 

Offenses), 2B1.4 (Insider Trading), 2B1.5 (Cultural Heritage Resources), 2B2.1 (Burglary), 2B3.1 (Robbery), 

2B3.2 (Extortion), 2B4.1 (Bribery), 2B5.1 (Counterfeiting), and 2B5.3 (Copyright).

32 The First Step Act of 2018 (Pub. L. No. 115-391 (2018)) went into effect on December 21, 2018. 

Section 404 of that Act provides that any defendant sentenced before the effective date of the Fair Sentencing 

Act of 2010 (Pub L. No. 111-220 (2010)), which was August 3, 2010, who did not receive the benefit of the 

statutory penalty changes made by that Act is eligible for a sentence reduction “as if Sections 2 and 3 of the 

Fair Sentencing Act of 2010 were in effect at the time the offender was sentenced.” Section 2 of the Fair 

Sentencing Act increased the quantity of crack cocaine that triggered mandatory minimum penalties. Section 

3 of the Fair Sentencing Act eliminated the statutory mandatory minimum sentence for simple possession of 

crack cocaine. The First Step Act authorizes the defendant, the Director of the Bureau of Prisons, the attorney 

for the Government, or the court to make a motion to reduce an offender’s sentence.
United States Sentencing Commission

Published April 2020

Contact Us

One Columbus Circle, NE

Suite 2-500, South Lobby

Washington, DC 20002

www.ussc.gov

pubaffairs@ussc.gov

More information on federal sentencing data can be found 

in the Commission’s 2019 Sourcebook of Federal Sentencing 

Statistics, its Guideline Application Frequencies for Fiscal Year 

2019, and the publications in its Research Notes series. The 

Sourcebook is available in hard copy format through the 

Commission. These documents, together with other reports 

on sentencing data, are also available in electronic format at 

the Commission’s website at www.ussc.gov.