Glenn R. Schmitt 

Jennifer Dukes 

Office of Research and Data

Overview of Federal

Criminal Cases

Fiscal Year 2012

The United States Sentencing Commission1 received information

on 84,360 federal criminal cases in which the offender was

sentenced in fiscal year 2012.2 Among these cases, 84,173

involved an individual offender and 187 involved a corporation or

other “organizational” offender. This publication provides a brief

overview of those cases.

The Case Load at a Glance

The vast majority of federal cases involve an

individual defendant. Over the last decade, the

number of these cases has generally increased

each year; however, in fiscal year 2012 the

number of cases reported to the Commission fell 

by 2,028. This represents a decrease of 2.4

percent from fiscal year 2011.

For the last decade, cases involving immigration, 

drugs, fraud, or firearms have been the most

common federal criminal cases and make up the 

vast majority of federal felonies and Class A

misdemeanors. In fiscal year 2012, these

crimes accounted for 82.7 percent of all cases

reported to the Commission. 

Of the 26,560 drug cases, 1,637 were excluded from the analysis due to one of the following reasons: 255 cases sentenced under §2D1.11 involving a listed chemical and 1,382 cases

missing drug type. The Drug category includes the following offense types: trafficking, use of a communication facility, and simple possession. The Non-Fraud White Collar category

includes the following offense types: embezzlement, forgery/counterfeiting, bribery, money laundering, and tax. Descriptions of variables used in this figure are provided in Appendix A

of the 2012 Sourcebook of Federal Sentencing Statistics. SOURCE: U.S. Sentencing Commission, 2012 Datafile, USSCFY12.
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 United States Sentencing Commission

For the last four years, immigration cases have been the largest

single type of federal offenses. This trend continued in fiscal year

2012, where immigration cases accounted for 32.2 percent of all

federal cases, despite a decrease of 3,169 cases in the total

number of immigration cases reported to the Commission. This

decrease is the first since fiscal year 2006 and represents a 10.7

percent decrease in this type of case from the prior fiscal year. 

Even with this decrease, the number of immigration cases has

increased by 97.0 percent over the past decade, and represents a

The number of immigration 

cases has increased by 97

percent over the past

decade.
3

Overview of Federal Criminal Cases – Fiscal Year 2012

much larger portion of the overall federal case load in fiscal year

2012.

The number of drug cases has been relatively stable over the last

five fiscal years. In fiscal year 2012, drug cases accounted for

30.2 percent of all cases. Firearms cases were 9.8 percent of the

caseload in fiscal year 2012, a slight increase from the year before 

but less than the 10.9 percent of the caseload that these cases

represented in fiscal year 2008. The proportion of fraud cases

over that period also was relatively stable at 10.5 percent in fiscal

year 2012, but has increased slightly from 9.8 percent in fiscal

year 2008. 

Individual Offender Characteristics

In fiscal year 2012, 46.1 percent of all offenders were non-citizens, 

representing a slight increase from five years ago (40.5% in fiscal

year 2008). Most non-citizen offenders committed either an

immigration offense (66.3%) or a drug trafficking offense (20.4%). 

The vast majority of offenders are men, and their proportion of the

total offender population has remained constant for more than a

decade. In fiscal year 2012, 86.8 percent of all offenders were

men, compared with 87.2 percent in fiscal year 2008, and 86.9

percent in fiscal year 2003. Among female offenders, the most

common crime was drug trafficking (30.7% of all women

offenders). Embezzlement was the only crime for which female

offenders outnumber male offenders (60.5% to 39.5%). 

In fiscal year 2012, 48.4 percent of all federal offenders were

Hispanic, while 27.5 percent were White and 20.4 percent were

Black. However, the racial composition of offenders varied widely

across offense types, and most Hispanic offenders (85.6%) 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. 
4

 United States Sentencing Commission

The average age of offenders in fiscal year 2012 was 36 years old,

representing a gradual increase over the past decade (34 years old 

in fiscal year 2003 and 35 years old in fiscal year 2008). Offenders

44 years or younger steadily decreased over the past decade while 

offenders aged 45 and over steadily increased. 

Nearly half of the federal offenders sentenced in fiscal year 2012

(49.9%) had not completed high school, and only 5.5 percent of

offenders had completed college.

Case Disposition

The vast majority of convicted defendants plead guilty. In fiscal

year 2012, 97.0 percent of all offenders did so, the highest rate

since fiscal year 2002.

When offenders pleaded guilty, 45.9 percent received a sentence

below the applicable sentencing guideline range, either at the

request of the government, at their own request, or initiated by the

court. Approximately 62 percent (62.4%) of these below range

sentences were requested by the government, usually because the 

defendant had provided substantial assistance to the government

or had agreed to have his or her case handled as part of an early

disposition program. 

In the 3.0 percent of cases in which the offender did not plead

guilty, 37.1 percent received a sentence below the guideline range. 

Nearly half of the federal

offenders sentenced in

fiscal year 2012 had not

completed high school.

Ninety-seven percent of all

federal offenders pleaded

guilty in fiscal year 2012.
5

Overview of Federal Criminal Cases – Fiscal Year 2012

Only 6.1 percent of these below range sentences were requested

by the government. 

Most federal offenders convicted of a felony or Class A

misdemeanor received a sentence of incarceration. In fiscal year

2012, 7.1 percent of offenders received a sentence of probation

(i.e., where no type of confinement was imposed), a rate that over

time has decreased from a high of 14.8 percent in 1993. Another

2.9 percent were sentenced to periods of both probation and

some type of confinement, and 2.8 percent were sentenced to a

combination of imprisonment and community confinement, such

as in a half-way house or through home confinement. 

The length of imprisonment imposed on offenders varies greatly

depending on the seriousness of the offense and the criminal

history of the offender. Offenders committing murder crimes

received the longest terms of confinement, at 252 months on

average. Crimes involving violations of environment and wildlife

statutes were punished least severely, with offenders receiving

confinement sentences of two months on average. 

Overall, 71.6 percent of imprisoned offenders received a sentence 

of less than five years, 16.5 percent of offenders received a

sentence five or more but less than ten years, and 12.0 percent

received a sentence of ten or more years, excluding life

imprisonment. In fiscal year 2012, 188 offenders were sentenced

to life imprisonment while no offenders were sentenced to death in 

the federal courts. 

Monetary fines were imposed in 8.7 percent of all cases in which

an individual was sentenced in fiscal year 2012, either as the sole

punishment or combined with some other sanction. Fines were

most commonly imposed in antitrust cases (95.0%), environmental 

cases (66.7%), and food/drug cases (46.7%). When the offender

was an organization, courts imposed a fine in nearly eight out of

every ten cases (77.0%).

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

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

Restitution was most commonly ordered in cases involving

embezzlement (87.1%), arson (81.3%), robbery (80.7%), larceny

(70.1%), and fraud (68.0%). Restitution was ordered in 21.4

percent of the cases with an organizational offender. 

Most offenders who were sentenced to imprisonment also were

sentenced to serve a period of supervised release following the

completion of their confinement. In fiscal year 2012, 82.3 percent

of offenders sentenced to incarceration also were sentenced to

serve a period of supervised release. The average length of

Most federal offenders

convicted of a felony or

Class A misdemeanor

received a sentence of

incarceration. More than

70 percent of federal

offenders receive a

sentence of less than five

years.

Most offenders who were

sentenced to imprisonment 

also were sentenced to

serve a period of

supervised release

following the completion of 

their confinement.
6

 United States Sentencing Commission

supervised release imposed was 48 months; however, the median

length of supervised release was 36 months. 

The Most Common Crimes

Immigration

Immigration offenses3 were the most common serious federal crime 

again in fiscal year 2012, representing 32.2 percent of the federal

criminal case load. The majority of these offenses involved either

the unlawful entry into the United States or remaining in the United

States without authority (83.7%). Another 9.8 percent involved

alien smuggling activities. 

Offenders sentenced under the immigration guidelines are different 

from other federal offenders in several ways. For example,

although United States citizens committed the majority of all federal 

crimes (53.9%), the overwhelming majority (94.4%) of immigration

offenses were committed by non-citizens.4 Similarly, while

Hispanics accounted for only 31.3 percent of non-immigration

offenders, they accounted for 88.2 percent of immigration

offenders. Also, immigration offenders had significantly less

education than other offenders. More than 80 percent of

immigration offenders had less than a high school education,

compared with less than 40 percent of offenders convicted of other

crimes. Additionally, while men committed most federal crimes not

involving an immigration offense (84.6%), men committed an even

higher proportion of immigration crimes (93.6%). 

Drugs

Drug offenses were the second most common federal crime. In

fiscal year 2012, 26,560 offenders were convicted of a drug crime,

the majority involving the manufacture, sale, or transportation of a

drug.5 Of these, 1,451 offenders were convicted of an offense

involving simple possession of a drug. 

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

form, were the most common drug crimes, accounting for 38.0

percent of the offenders sentenced under the drug guidelines. 

These cases were almost evenly split between the two forms of the 

drug until fiscal year 2008. After that year, crack cocaine cases

began decreasing steadily from 24.4 percent in fiscal year 2008 to

13.8 percent in fiscal year 2012. After cocaine cases (powder and

crack cases combined), marijuana offenses were the next most

common, representing 27.6 percent of all drug crimes. In fact,

marijuana cases were more prevalent than either crack cocaine or

Immigration offenses were

the most common serious

federal crime again in fiscal

year 2012. Drug offenses

were the second most

common federal crime.
7

Overview of Federal Criminal Cases – Fiscal Year 2012

powder cocaine cases individually. Drug offenses involving

methamphetamine represented 19.5 percent of all drug crimes. 

Heroin cases were the least common of the major drug offenses,

accounting for 8.6 percent of all drug crimes. 

Most drug offenders were United States citizens, but the

percentage of drug offenders who are citizens varied widely

depending on the type of drug involved in the offense. For

example, 97.8 percent of crack cocaine offenders were United

States citizens, while only 51.1 percent of marijuana offenders

were United States citizens. 

The race of drug offenders varied even more widely by the type of

drug involved in the offense. More than 45 percent (46.2%) of all

drug offenders convicted in federal court were Hispanic, while

Black offenders comprised 25.9 percent of all drug offenders and

White offenders 25.3 percent of all drug offenders. Yet, in crack

cocaine cases, 82.6 percent of those convicted were Black, and in 

methamphetamine cases 48.1 percent of the offenders were

White. 

Weapons were involved in drug crimes 15.0 percent of the time. 

As above, the rate of weapon involvement varied depending on

the type of drug involved, ranging from 26.7 percent in crack

cocaine cases to 7.8 percent in marijuana cases. 

In fiscal year 2012, the average punishment for drug crimes

ranged from a high of 97 months of imprisonment for crack

cocaine offenders (with a median sentence of 78 months) to 36

The race of drug offenders

varied widely by the type of 

drug involved in the

offense.
8

 United States Sentencing Commission

months for marijuana offenders (with a median sentence of 24

months). Several factors affect the average prison sentence for

drug offenders, 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. Because of this, comparisons of the average

sentence length in the different types of drug cases should be

made cautiously.

An offender’s role in the offense also can affect the guideline

range that judges consider when imposing punishment. In fiscal

year 2012, judges in 18.2 percent of all drug cases determined

that the applicable guideline range should be lowered because of

the offender’s minor or minimal role in the offense. In marijuana

cases, this adjustment to the guideline range occurred 23.0

percent of the time. In contrast, courts found such an adjustment

warranted in only 5.0 percent of crack cocaine cases. In another

6.6 percent of drug cases, the court determined that the applicable 

guideline range should be increased because of the offender’s

role in the offense as an organizer, leader, manager, or

supervisor. 

Mandatory minimum sentences enacted by Congress played a

large part in determining the sentence for these offenders, either

outright or through the impact of these statutes on the structure of

the guidelines. In fiscal year 2012, crack cocaine offenders and

powder cocaine offenders were convicted of an offense that

provided for the imposition of a mandatory minimum sentence at

rates of 64.0 and 76.4 percent, respectively.6 Powder cocaine

offenders obtained relief from a mandatory minimum sentence at a 

higher rate (32.3%) through the statutory “safety valve” exception

to such sentences, which requires courts to sentence an offender

without regard to any otherwise applicable mandatory minimum

punishment when certain conditions are met.7 In contrast, 7.6

percent of crack cocaine offenders obtained this relief. 

This difference is largely due to the differing criminal histories of

powder cocaine and crack cocaine trafficking offenders. In fiscal

year 2012, 58.3 percent of powder cocaine offenders were

assigned to Criminal History Category I (offenders with a criminal

The average punishment

for drug crimes ranged

from a high of 97 months

of imprisonment for crack

cocaine offenders to 36

months for marijuana

offenders.
9

Overview of Federal Criminal Cases – Fiscal Year 2012

history score under the sentencing guidelines of zero or one) while 

only 21.5 percent of crack cocaine offenders were assigned to that 

category. Only offenders assigned to Criminal History Category I

are eligible to receive the benefit of the safety valve.

Overall, crack cocaine offenders continue to have, on average, a

more serious criminal history than any other category of drug

offender.8 Crack cocaine offenders were assigned to the most

serious criminal history category (CHC VI) in 26.8 percent of all

crack cocaine cases. In contrast, powder cocaine offenders were

assigned to CHC VI in only 8.8 percent of cases. By comparison,

14.7 percent of heroin offenders were assigned to CHC VI and

10.3 percent of methamphetamine offenders were assigned to

CHC VI. Offenders convicted of marijuana offenses generally had 

the least serious criminal histories, with 66.2 percent assigned to

CHC I and only 3.4 percent to CHC VI.9

Fraud

Crimes involving fraud accounted for the third largest portion

(10.5%) of federal criminal cases in fiscal year 2012. The losses

in these cases ranged from $0 (there were 531 cases in which the 

court found that no loss had occurred) to $6,746,399,008, with an

average loss amount of $5,340,498 and a median loss amount of

$150,546. Identity theft crimes10 accounted for a relatively small

number (751) of these cases in fiscal year 2012. While this is an 

increase from the 657 such crimes reported in fiscal year 2008, it

is a reduction from last fiscal year when there were 775 such

cases.

Firearms and other weapons

Firearms crimes11 were 9.8 percent of the total federal criminal

convictions for fiscal year 2012. Of the 8,105 firearms cases

reported to the Commission, 23.2 percent (1,884) involved the

possession or use of a firearm in connection with a crime of

violence or drug trafficking crime.12 More than half of the cases

(4,190) involved a convicted felon who illegally possessed a

firearm.13

Of all cases with complete guideline application information

reported to the Commission in fiscal year 2012, in 7.8 percent of

The median loss amount in

fraud cases was $150,546.
10

United States Sentencing Commission

cases (5,772 cases) a sentence was enhanced (either through

application of a guideline provision or by statute) because a

firearm or other dangerous weapon (e.g., knife) was involved in

the offense. However, a weapon was involved twice as often in

drug cases (15.0%). Weapons were present most often in crack

cocaine cases (26.7%) and least often in marijuana cases (7.8%).

Organizational Cases

Organizations such as corporations and partnerships can be

prosecuted for violating federal criminal law, and 187

organizations were sentenced for at least one federal criminal

offense in fiscal year 2012. This number is a 16.9 percent

increase from the 160 cases reported in fiscal year 2011; however 

the number of organizational defendants convicted continued to

remain lower than in earlier years. For example, 200

organizational defendants were sentenced in fiscal year 2003, and 

255 organizational defendants were sentenced in fiscal year 1999. 

More than 93 percent of the organizational offenders sentenced in 

fiscal year 2012 pleaded guilty to one or more charges. The most

common crimes for which organizational defendants were

convicted were environmental and fraud crimes. Organizational

offenders were sentenced to pay only a fine in 118 cases. In an

additional 26 cases the offender was sentenced to pay restitution

to the victim of the crime as well as to pay a fine. In 14 cases, the

organization was sentenced to pay restitution only. No fine or

restitution was imposed in 29 cases, although other sanctions

were imposed in some of these cases. Additionally, of the 187

organizational offenders, 135 received some term of probation,

and 66 were ordered to make improvements in compliance or

ethics procedures.

Half of all firearms cases

involved a convicted felon

who illegally possessed a

firearm.
Overview of Federal Criminal Cases – Fiscal Year 2012

11

For More Information

More information on these cases can be 

found in the Commission’s 2012 Annual

Report, 2012 Sourcebook of Federal

Sentencing Statistics, and Guideline

Application Frequencies for Fiscal Year

2012. The Annual Report and

Sourcebook are available in hard copy

format through the Commission. All

three documents, together with other

reports on sentencing data, are

available in electronic format at the

Commission’s website at www.ussc.gov

and through the Commission’s

“Interactive Sourcebook” at

http://isb.ussc.gov/Login.

Resentencings and Other Modifications of Sentence

In 2012, the Commission received documentation on 10,240

resentencings and other modifications of sentence. The most

frequently reported reason was a modification of a term of

imprisonment for retroactive amendment to the sentencing

guidelines (6,746 or 65.9% of all cases). Almost all cases citing

this reason were the result of the retroactive application of the

2011 amendments to the drug guideline for cases involving crack

cocaine that implemented provisions of the Fair Sentencing Act of

2010.14

The next most common type of resentencing was for reduction in

sentence for substantial assistance to the government after

sentencing (16.9%).15 The third most common type of

resentencing occurred after remand of a case that had been

appealed to a circuit court (8.2%). 
12

United States Sentencing Commission

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

federal crime and sentencing issues.

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

of a felony or Class A misdemeanor.

3. Immigration offense means, in general, a case in which at least one of the statutes of conviction involved

trafficking in passports or entry documents; failure to surrender naturalization certificates; fraudulently acquiring 

passports; alien smuggling; unlawful presence in the United States; or fraudulently acquiring entry documents.

4. Non-citizens primarily are convicted of immigration crimes. Non-citizens were the offenders in only 15.5

percent of federal crimes other than immigration crimes in fiscal year 2012. 

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

6. 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.

7. See 18 U.S.C. § 3553(f).

8. 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 USSG, Ch.4. The

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

9. For more information on sentencing issues involving cocaine drug cases, see United States Sentencing

Commission, Report to Congress: Cocaine and Federal Sentencing Policy (2007).

10. Identity theft crimes are those fraud cases in which one or more of the offenses of conviction was 18

U.S.C. § 1028(a)(7) or 18 U.S.C. § 1028A. The Commission includes these cases with other fraud cases when 

it reports sentencing statistics.

11. 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.

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

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

14. See USSG App. C amend. 750, 759.

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