Fiscal Year 2018

Overview of Federal 

Criminal Cases

United States Sentencing Commission

Published June 2019
United States Sentencing Commission

Charles R. Breyer

Commissioner

Danny C. Reeves

Commissioner

Patricia K. Cushwa

Ex Officio Commissioner

David Rybicki

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 2018

Overview of Federal 

Criminal Cases

By 

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

& Cassandra Syckes, M.A., Research Associate

The United States Sentencing Commission1 received 

information on 69,524 federal criminal cases in which 

the offender was sentenced in fiscal year 2018.2 Among 

these cases, 69,425 involved an individual offender and 99 

involved a corporation or other “organizational” offender. 

The Commission also received information on 3,241 cases 

in which the court resentenced the offender or otherwise 

modified the sentence that had been previously imposed. 

This publication provides an overview of those cases.

Page 1 
Page 2

Federal Caseload 

at a Glance

The 69,425 individual original cases reported to the Commission 

in fiscal year 2018 represent an increase of 2,552 (3.8%) cases 

from fiscal year 2017. This increase halted a six-year decline in the 

number of offenders sentenced in the federal courts that began in 

fiscal year 2011, the year in which the largest number of offenders 

were sentenced.3 Over the six-year period since then, the total 

decline in the number of offenders sentenced was 22.4 percent, 

although the decrease in fiscal year 2017 was the smallest of any of 

the prior years.

While the total number of offenders sentenced increased slightly in 

fiscal year 2018, there were sizable increases among some offenses. 

The largest increase was in immigration cases, which increased 

by 3,387 (or 16.5%) from the previous year. Also, firearms cases 

increased by 753 cases, representing an 11.1 percent increase 

overall. Offenses involving robbery and extortion or racketeering 

also increased by more than 100 cases from 2017. 

Despite the overall increase for the caseload as a whole, the 

number of offenders sentenced for some offenses continued to 

decrease in fiscal year 2018. The largest decrease occurred in drug 

trafficking crimes, where the 18,747 offenders sentenced were 4.5 

percent fewer than the year before. The number of fraud, theft, 

or embezzlement cases also fell in fiscal year 2018 to 6,620, a 6.1 

percent decrease from fiscal year 2017.
A 3.8% increase in FY18 halted 

a six-year decline in the 

number of federal offenders 

sentenced annually. 

81,372 83,946 86,201 84,173

80,035

75,836

71,003

67,742 66,873 69,425

0

50,000

100,000

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

Number of Federal Offenders Over Time

Page 3 

Five judicial districts accounted for more 

than one-third (38.5%) of all individual 

offenders sentenced in fiscal year 2018. 

The Western District of Texas reported over 

ten percent (11.6%) of the total number of 

individual offenders sentenced, followed 

by the Southern District of Texas at 8.8 

percent. The next highest districts were 

the District of Arizona (6.7%), the District 

of New Mexico (5.7%), and the Southern 

District of California (5.6%). 
Page 4

Federal Offenders 

by Type of Crime

Immigration

34.4% Drugs

28.1%

Firearms

10.8%

Child Pornography

2.0%

Sexual Abuse

1.5%

Other

9.2%

Money Laundering

1.9%

Robbery

2.5%

Fraud/Theft/Embezzlement

9.5%

Federal Offenders by Type of Crime

For more than a decade, cases involving drugs, immigration, 

firearms, and fraud, theft, or embezzlement comprised the vast 

majority of federal felonies and Class A misdemeanors. This trend 

continued in fiscal year 2018, as these crimes accounted for 82.8 

percent of all cases reported to the Commission. Of all cases 

reported that year, 95.7 percent were felony offenses. 
Page 5 

Immigration

 Drugs

 Firearms

 Fraud, Theft, or Embezzlement

6,487 5,764 6,087 6,759

7,512

9,396 8,855

7,933

7,048

6,620

22,265

20,951 20,118 20,496

23,883

24,169

22,766

21,531 20,913

19,524

0

5,000

10,000

15,000

20,000

25,000

2014 2015 2016 2017 2018

Firearms Fraud/Theft/Embezzlement Immigration Drugs

Federal Offenders Over Time by Type of Crime

Immigration cases resumed their position as the most common federal offense in fiscal year 

2018, accounting for 34.4 percent of the total federal caseload. The 23,883 immigration 

cases represented a 16.5 percent increase from the 20,496 cases reported in fiscal year 

2017.

Drug cases were the second most common type of federal case in fiscal year 2018. The 

19,524 drug cases reported to the Commission in fiscal year 2018 accounted for 28.1 

percent of all cases reported to the Commission. Most of those cases (96.0%) involved 

drug trafficking offenses. The number of drug crimes decreased by almost 1,400 cases 

from the year before and have fallen by 19.2 percent over the past five years.4 

The other area of significant growth in fiscal year 2018 was in firearms cases. There were 

7,512 firearms cases reported to the Commission, accounting for 10.8 percent of the 

caseload. This was an increase of 753 cases from the number of firearms cases reported 

the prior year. 

Finally, 6,620 cases involving fraud, theft, or embezzlement were reported to the 

Commission in 2018. This group of cases accounted for 9.5 percent of the total federal 

caseload. This number represents a 6.1 percent reduction from the year before and a 29.5 

percent decrease from fiscal year 2014.5
Page 6

Individual Offender 

Characteristics

Male

87.0% Female

13.0%

Gender

White

21.2%

Black

20.6%

Hispanic

54.3%

Other

3.8%

Race

Most offenders are men, and their 

proportion of the total offender population 

has remained constant for more than a 

decade. In fiscal year 2018, 87.0 percent 

of all offenders were men, compared with 

86.0 percent in fiscal year 2014, and 87.1 

percent in fiscal year 2009. Among female 

offenders, the most common crime was 

drug trafficking (committed by 34.7% of all 

women offenders). 

In fiscal year 2018, 54.3 percent of all 

federal offenders were Hispanic, while 21.2 

percent were White, and 20.6 percent were 

Black.6 The racial composition of offenders 

varied widely across offense types. For 

example, most Hispanic offenders (85.3%) 

were sentenced for one of two types of 

offenses—immigration or drug trafficking 

crimes. Among drug offenders, racial and 

ethnic background varied depending on the 

type of drug involved in the crime. 
Page 7 

U.S. 

Citizen

57.3%

Non-U.S. 

Citizen

42.7%

Citizenship

Category I

46.2%

Category II

14.1%

Category III

16.0%

Category IV

9.4%

Category V

5.5% Category VI

8.9%

Criminal History Category

The majority of federal offenders were 

United States citizens (57.3%). Most noncitizen offenders committed an immigration 

offense (74.2%). The next most common 

offense type among non-citizen offenders 

was drug trafficking (15.6%). Non-citizens 

received prison only sentences 95.8 percent 

of the time, more often than United States 

citizens (82.8%).

The average age of offenders in fiscal year 

2018 was 36 years old, the same as the 

average age in fiscal year 2014 and only a 

slight increase from the average age of 35 

in 2009. Almost half of all federal offenders 

sentenced in fiscal year 2018 (46.8%) had 

not completed high school, and only 5.8 

percent of offenders had completed college. 

Almost half of offenders were assigned to 

Criminal History Category (CHC) I (46.2%), 

the lowest category. About one-third of 

fiscal year 2018 offenders were assigned 

to CHC II (14.1%) and CHC III (16.0%). The 

remaining 23.8 percent fell into CHC IV 

(9.4%), CHC V (5.5%) and CHC VI (8.9%). 

In fiscal year 2018, 1,597 offenders were 

deemed to be “career offenders” and 306 

were sentenced as “armed career criminals.” 
Page 8

Case Disposition and 

Sentence Imposed

Prison Only

87.8%

Prison and Alternatives

3.0%

Probation and Alternatives

2.0%

Probation Only

6.4%

Fine Only

0.8%

Sentence Imposed

In fiscal year 2018, the vast majority of offenders (97.4%) pleaded 

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

Defendants charged with more serious crimes were generally more 

likely to go to trial. Offenders who were convicted of murder, 

individual rights violations, kidnapping, and arson went to trial in 

more than ten percent of those cases. 

Most federal offenders convicted of a felony or Class A 

misdemeanor received a sentence of incarceration. In fiscal year 

2018, an imprisonment sentence was imposed on 87.8 percent 
Page 9 

of all offenders. Another 6.4 percent of 

offenders received a sentence of probation 

(i.e., where no type of confinement was 

imposed), a rate that has decreased over 

time from a high of 15.3 percent in 1990.7 

Among those offenders in fiscal year 2018 

not sentenced to one of these two types 

of sentence, 2.0 percent were sentenced 

to periods of probation and some type of 

alternative confinement and 3.0 percent 

were sentenced to a combination of 

imprisonment and alternative confinement, 

such as a half-way house or home 

confinement.8 An additional one percent 

(0.8%) of offenders received a fine only 

sentence.

The sentence imposed in federal cases 

varies greatly depending on the seriousness 

of the offense and the criminal history 

of the offender. Offenders committing 

murder received the longest terms of 

confinement in fiscal year 2018, at 291 

months on average. Drug possession and 

environmental offenses were among those 

punished least severely, with offenders 

receiving confinement sentences of three 

months, on average.9

The average sentence imposed increased for 

some offenses. Drug trafficking offenders 

received an average sentence of 76 months, 

six months longer than the average sentence 

in fiscal year 2017. The average sentence 

imposed in fraud, theft or embezzlement 

cases was 23 months, a one month increase 

from the prior year. Firearms offenders 

received an average sentence one month 

longer than in fiscal year 2017, increasing 

from 52 to 53 months. The average 

sentence imposed in immigration cases, 

however, decreased from 12 to 10 months 

in fiscal year 2018.10

Overall, 71.5 percent of offenders received 

a sentence of less than five years, 15.5 

percent of offenders received a sentence of 

five years or longer but less than ten years, 

and 12.8 percent received a sentence of ten 

years or longer, excluding life imprisonment. 

Less than 5 years

71.5%

5 to less than 10 years

15.5%

10 to less than 20 years

20 years to less than life 10.4%

2.4%

Life Imprisonment

0.2%

Average Length of Imprisonment
Page 10

In fiscal year 2018, 138 federal offenders were sentenced to life 

imprisonment and three offenders were sentenced to death. 

Fines were imposed in 7.3 percent of all cases in which an individual 

offender was sentenced in fiscal year 2018, either as the sole 

punishment or combined with some other sanction. Fines were 

most commonly imposed in antitrust (94.3%), food and drug 

(58.1%), and environmental (55.2%) cases. When the offender was 

an organization, courts imposed a fine in a majority of the cases 

(73.7%).

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

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

Restitution was most commonly ordered in cases involving tax 

(88.4%), antitrust (79.2%), fraud, theft, or embezzlement (76.0%), 

arson (72.7%), and robbery (71.5%). The total amount of restitution 

ordered was $8,155,519,411. Restitution was ordered in 29.3 

percent of the cases where the offender was an organization for a 

total of $134,878,650. 

Most offenders were sentenced to serve a period of supervised 

release. In fiscal year 2018, 74.7 percent of offenders were 

sentenced to serve a period of supervised release. In immigration 

cases, however, supervised release was imposed in 56.5 percent 

of the cases, reflecting the fact that many immigration offenders 

are ordered deported from the United States once they complete 

their incarceration sentence. In contrast, supervised release was 

ordered in 84.3 percent of cases not involving immigration. The 

average length of supervised release imposed for all cases was 46 

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

child pornography offenders were sentenced to significantly longer 

periods of supervised release than other offenders. The average 

length of supervised release imposed was 208 months for sexual 

abuse cases and 201 months for child pornography cases. The 

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

Immigration

34.4% Drugs

28.1%

Firearms

10.8%

Child Pornography

2.0%

Sexual Abuse

1.5%

Other

9.2%

Money Laundering

1.9%

Robbery

2.5%

Fraud/Theft/Embezzlement

9.5%

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 2018. 

The 23,883 immigration offenses represented 34.4 percent of the 

cases reported to the Commission. This number is a 16.5 percent 

increase from fiscal year 2017. 

Offenders sentenced under the immigration guidelines differ from 

other federal offenders in several ways. For example, although 

United States citizens committed a majority (57.3%) of all offenses 

in fiscal year 2018, and 83.1 percent of non-immigration offenses, 

non-citizens accounted for 91.5 percent of immigration offenses. 

Similarly, while Hispanics accounted for only 32.3 percent of nonimmigration offenders, they were 96.3 percent of immigration 

offenders. Also, immigration offenders had significantly less 

education than other offenders. Almost 80 percent (79.9%) of 

immigration offenders had less than a high school education, 

compared with 32.2 percent of offenders convicted of other crimes. 

Finally, while men committed a majority (84.0%) of non-immigration 

offenses, they committed an even higher proportion of immigration 

crimes (92.7%).

Of the 23,883 immigration offenders, 22,136 offenders (92.7%) 

were sentenced under one of the four primary immigration 

guidelines.11 Most of these offenses involved either the unlawful 

reentry into the United States or unlawfully remaining in the United 

States without authority (82.4%). Another 12.8 percent were alien 

smuggling offenses.
Page 13 

Drug

Offenses

Drug offenses were the second most common federal crimes in 

fiscal year 2018. Most of the 19,524 drug cases reported to the 

Commission involved the manufacture, sale, or transportation of a 

drug,12 although 777 of those cases involved a conviction for drug 

possession. Both of these groups deceased from the levels of the 

prior year, the continuation of a five-year decline. Drug possession 

cases decreased over two-thirds (66.9%) since fiscal year 2014, 

falling by almost forty percent (39.5%) in the past year. Drug 

trafficking offenses fell by 14.1 percent in the past five years, with 

4.5 percent fewer cases reported in fiscal year 2017.13

Methamphetamine offenses were the most common drug cases. 

The 7,554 methamphetamine cases represented 39.8 percent of all 

drug crimes. The number of methamphetamine cases has increased 

substantially since 1994, when cases involving that drug type 

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 3,655 

powder cocaine cases accounted for 19.3 percent of all drug cases 

while the 1,430 crack cocaine cases accounted for 7.5 percent. The 

number of crack cocaine cases has fallen by 76.8 percent since fiscal 

year 2008, the year in which the largest number of those cases were 

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

cases represented 24.3 percent of all drug cases.
Page 14

Methamphetamine

39.8%

Powder Cocaine

19.3%

Crack Cocaine

7.5%

Heroin

13.7%

Marijuana

11.5%

Other

8.1%

Primary Drug Type in Federal Drug Cases

Of the remaining drug cases, heroin cases 

accounted for 13.7 percent of the cases, 

marijuana for 11.5 percent, and cases 

involving “other” drugs, such as fentanyl and 

oxycodone, accounted for 8.1 percent of all 

drug offenses. The number of heroin cases 

has increased by 59.7 percent since fiscal 

year 2009. Conversely, marijuana cases 

have declined by almost two-thirds (64.5%) 

in the past ten years.15

Of the 19,524 drug offenders, 18,659 

were sentenced under the seven primary 

drug trafficking guidelines.16 Most drug 

trafficking offenders were United States 

citizens (75.5%), although the citizenship 

of drug offenders varied widely depending 

on the type of drug involved in the offense. 

For example, 97.9 percent of crack cocaine 

drug trafficking offenders were United 

States citizens, while only 53.1 percent of 

marijuana drug trafficking offenders were 

citizens.

The race of drug trafficking offenders varied 

even more widely by the type of drug 

involved in the offense. Almost half (48.2%) 

of all drug trafficking offenders convicted 

in federal court were Hispanic, while Black 

offenders constituted 24.9 percent of 

all drug trafficking offenders, and White 

offenders were 24.1 percent of all drug 

trafficking offenders. Yet, in crack cocaine 

cases, 80.0 percent of those convicted were 

Black, and in marijuana cases 72.2 percent 

of the offenders were Hispanic. In “other” 

drug cases, 41.4 percent of those convicted 

were White.

Most drug trafficking offenders (83.4%) 

were male. Men comprised 92.2 percent of 

crack cocaine traffickers and 78.0 percent 

of methamphetamine traffickers. The 

1,653 female methamphetamine offenders 

represent over half (53.3%) of all female 

drug traffickers.
Page 15 

73 mos.

78 mos.

69 mos.

29 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)

Weapons were involved in 21.8 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 

37.7 percent in crack cocaine cases to 11.3 

percent in marijuana cases.

 

The length of sentences imposed in drug 

trafficking cases generally increased from 

fiscal year 2017. The largest increase 

in average sentence occurred in cases 

involving methamphetamine, where the 

average sentence length increased from 

88 months to 95 months, an 8.0 percent 

increase from fiscal year 2017. The only 

drug cases where the average sentence 

declined involved crack cocaine, as the 

average sentence decreased by 2.5 percent 

from 80 to 78 months.

For the fourth year in a row, 

methamphetamine drug trafficking offenses 

were the most severely punished drug 

crime, with an average sentence length 

of 95 months (and a median sentence of 

77 months). Marijuana drug trafficking 

offenders had the lowest average sentence 

in fiscal year 2018 at 29 months (with a 

median sentence of 18 months). 

Several factors can affect the sentence 

imposed in drug offenses, including 

statutory mandatory minimum punishments, 

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 sentences 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 
Page 16

2018, over half (58.5%) of all drug trafficking 

offenders were convicted of an offense 

carrying a mandatory minimum penalty. 

In fiscal year 2018, 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—72.2 

percent in methamphetamine cases and 

69.1 percent in powder cocaine cases.19 

Mandatory minimum penalties were least 

common in drug trafficking cases involving 

marijuana, accounting for 31.9 percent of 

those cases. 

In fiscal year 2018, enhanced penalties 

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

government in 1,261 drug trafficking cases 

where the offender had been convicted 

previously of one or more felony drug 

offenses. However, in 20.1 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 Powder cocaine drug trafficking 

offenders obtained relief from a mandatory 

minimum sentence through the use of the 

safety valve most often, in 37.7 percent of 

all powder cocaine drug trafficking cases. In 

contrast, only 2.3 percent of crack cocaine 

drug trafficking offenders obtained this 

relief. 

This difference is due largely to the differing 

criminal histories of powder cocaine and 

crack cocaine drug trafficking offenders. In 

fiscal year 2018, 64.5 percent of powder 

cocaine drug trafficking offenders were 

69.1%

41.3%

53.0%

31.9%

72.2%

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 

assigned to Criminal History Category I 

(offenders with a criminal history score 

under the sentencing guidelines of zero or 

one) while just 19.0 percent of crack cocaine 

drug trafficking offenders were assigned 

to that category. In fiscal year 2018, only 

offenders assigned to CHC I were eligible to 

receive the benefit of the safety valve.22

Overall, crack cocaine offenders have a 

more serious criminal history than any other 

group of drug traffickers.23 Crack cocaine 

offenders were assigned to the most serious 

Criminal History Category (CHC VI) in 24.4 

percent of all crack cocaine drug trafficking 

cases. In contrast, powder cocaine drug 

trafficking offenders were assigned to 

CHC VI in only 7.3 percent of cases. By 

comparison, 15.3 percent of heroin drug 

trafficking offenders and 15.0 percent 

of methamphetamine drug trafficking 

offenders were assigned to CHC VI. Drug 

traffickers convicted of marijuana offenses 

generally had the least serious criminal 

histories, with 61.2 percent assigned to CHC 

I and only 4.5 percent 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 2018, the applicable guideline 

range was lowered in 20.6 percent of 

all drug trafficking cases because of the 

offender’s minor or minimal role in the 

offense. This adjustment applied in 41.9 

percent of marijuana cases compared to 

only 4.1 percent of crack cocaine cases. In 

7.0 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. 

In 20% of 21 U.S.C. § 851 filings, 

the government withdrew 

the enhancement before 

sentencing.
Page 18

Firearms 

Offenses

Crimes involving firearms24 accounted for 10.8 percent of the total 

number of federal criminal convictions in fiscal year 2018. The 

7,512 firearms cases reported to the Commission represent an 

increase of 11.1 percent from the prior year. Of the 7,512 firearms 

cases, most (7,467) were sentenced under one of the five primary 

firearms guidelines.25 

Most of firearms offenses involved either the unlawful receipt, 

possession or transportation of firearms or ammunition or 

prohibited transactions involving firearms or ammunition (94.2%). 

Of all firearms cases, 7.1 percent involved the possession or use of 

a firearm in connection with a crime of violence or drug trafficking 

crime,26 and in 4.7 percent of firearms cases this was the only count 

of conviction. More than two-thirds of firearms cases (67.8%) 

involved the illegal possession of a firearm, usually by a convicted 

felon.27 

Firearms offenders were primarily United States citizens (95.2%) 

and male (95.9%). Over half (52.6%) were Black, 25.9 percent were 

White, and 18.4 percent were Hispanic. In fiscal year 2018, almost 

half (45.2%) of firearms offenders were age 30 or younger. Over 

one-third (36.9%) did not completed high school while 46.5 percent 

completed high school and 16.6 percent attended or completed 

college.
Page 19 

In fiscal year 2018, 10.5 percent of firearms 

offenders were convicted of a firearm 

offense carrying a mandatory minimum 

penalty.28 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 

(62.3%) were convicted of an offense 

carrying a five-year mandatory minimum 

penalty. An additional 21.8 percent of the 

cases involving these offenders carried 

a seven-year minimum penalty, and 15.9 

percent carried a minimum penalty of ten 

years or longer.

In certain other types of cases, the court 

may 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 2018, 

the sentences imposed in 9.8 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 7,512 firearms offenders 

sentenced in FY18 represent 

an 11% increase from the prior 

year. 
Page 20

Economic 

Offenses

A total of 8,143 offenders were sentenced under one of the basic 

economic guidelines in fiscal year 2018.29 Cases involving theft, 

property destruction, or fraud were the largest portion of these 

cases (73.0%). The 6,620 fraud, theft, or embezzlement cases 

reported to the Commission accounted for the fourth largest 

portion (9.5%) of all federal criminal convictions for fiscal year 2018, 

a decrease of 6.1 percent from the prior year.

About 40 percent (39.6%) of economic offenders were White, 36.3 

percent were Black, and 17.6 percent were Hispanic. Most were 

United States citizens (88.2%) and about three-fourths (74.5%) of 

economic crime offenders were male. These offenders were, on 

average, older and more educated than fiscal year 2018 offenders. 

Almost half of economic offenders were age 41 and older (46.1%) 

and 47.5 percent completed at least some college.

The losses in these cases ranged from no loss (367 cases) to 

more than $20 billion (one case). The average loss amount was 

$4,653,016 and the median loss amount was $62,000.
Page 21 

Organizational 

Offenses

Organizations such as corporations and partnerships can be prosecuted 

for violating federal criminal law, and 99 organizations were sentenced 

in fiscal year 2018. This number compares with 131 cases reported in 

fiscal year 2017. It is the lowest number of organizational defendants 

reported since the Commission began reporting this information in 

1996 and is a continuation of the decrease in the number of these 

cases over the past fifteen years. By comparison, in fiscal year 2009, 

there were 177 defendants and in fiscal year 2004, there were 

130 organizational defendants. Among these defendants, seventy 

percent (70.0%) were corporations, 22.5 percent were limited liability 

companies, and 3.8 percent were partnerships. 

Most organizational offenders (62.9%) had less than 50 employees. 

Only 16.1 percent had 1,000 or more employees. Over 20 percent 

(20.2%) of organizations were in the business of manufacturing, 

production, design, inspection, sales and distribution and about 15 

percent (15.2%) were in retail trade.

Of the 99 organizational offenders, 94.9 percent pleaded guilty to 

one or more charges in fiscal year 2018. The most common crimes 

for which organizational defendants were convicted were fraud 

and environmental crimes. In 52 cases, a fine was the sole financial 

component of the sentence imposed. In an additional 21 cases the 

organization was sentenced to pay restitution to the victim of the crime 

as well as to pay a fine. In eight cases, the sole financial component 

of the sentence was the payment of restitution. Organizations were 

ordered to pay $134,878,650 in restitution and $176,282,322 in fines 

for a total of $311,160,972. No fine or restitution was imposed in 18 

cases, although other sanctions were ordered in some of these cases. 

Additionally, of the 99 organizational offenders, 75 were sentenced to 

some term of probation, and 25 were ordered to make improvements in 

compliance or ethics programs. 
Page 22

In fiscal year 2018, the Commission received documentation 

on 3,241 resentencings and other modifications of sentence. 

This represents a 38.2 percent decline from last year. The most 

frequently reported reason given for these types of cases was a 

reduction in sentence for substantial assistance30 to the government 

in investigating or prosecuting another person after the offender 

was sentenced (1,095 cases; 33.8% of all resentencing and 

modification cases). The second most common reason was the 

modification of a restitution order (640 cases). The third most 

common type of resentencing or modification of sentence was a 

resentencing after remand by a court of appeals (527 cases). 

Resentencings and 

Other Modifications 

of Sentence

Substantial Assistance

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

33.8%

Remand by Circuit Court

18 U.S.C. § 3742(f)(1)/(2)

16.3%

District Court Motion

28 U.S.C. § 2255

14.8%

Retroactive Amendment 

Modification

18 U.S.C. § 3582(c)(2)

12.9%

Restitution Order Modification

18 U.S.C. § 3664

19.7%

Other

2.6%

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), https://www.ussc.gov/research/sourcebook/

archive/sourcebook-2011. 

4 Due to methodological changes, direct comparisons between data from fiscal year 2018 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 U.S. Sentencing Comm’n, 2018 Sourcebook

of Federal Sentencing Statistics 29 (2019), https://www.ussc.gov/research/sourcebook-2018.

5 Id.

6 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.

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

8 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.

9 Probation sentences are included in the calculation of average sentence as zero months. Over half 

(52.2%) of environmental offenders and 23.6 percent of drug possession offenders received a sentence of 

probation with no type of confinement. Over half (55.2%) of environmental offenders and 30.4 percent of 

drug possession offenders were fined as part of their sentence.

10 See 2018 Sourcebook, supra note 4.
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11 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. 

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

13 See 2018 Sourcebook, supra note 4.

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-justicesystem. 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.

21 See 18 U.S.C. § 3553(f).

22 Congress has since expanded the criminal history limitation on the eligibility for the statutory safety 
Page 25 

valve of 18 U.S.C. § 3553(f). See First Step Act of 2018, Pub. L. No. 115–391, § 402, 132 Stat. 5194. This 

change applies 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 (CHCs) 

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 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.

25 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).

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

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

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

29 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).

30 See Fed R. Crim. P. 35(b). For more information about cases involving a resentencing for substantial 

assistance to the government after sentencing, see Kevin Blackwell & Jill Baisinger, U.S. Sentencing Comm’n, 

The Use of Federal Rule of Criminal Procedure 35(b) (2016), https://www.ussc.gov/research/researchpublications/use-federal-rule-criminal-procedure-35b. 
United States Sentencing Commission

Published June 2019

Contact Us

One Columbus Circle, NE

Suite 2-500, South Lobby

Washington, DC 20002

www.ussc.gov

pubaffairs@ussc.gov

For More Information

More information on federal sentencing data can be found 

in the Commission’s 2018 Sourcebook of Federal Sentencing 

Statistics and Guideline Application Frequencies for Fiscal Year 

2018. The Sourcebook is available in hard copy format through 

the Commission. Both documents, together with other reports 

on sentencing data, are also available in electronic format at 

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