UNITED STATES SENTENCING COMMISSION

Overview of Federal Criminal Cases

Fiscal Year 2010
United States Sentencing Commission

One Columbus Circle, N.E.

Washington, DC 20002

www.ussc.gov

Patti B. Saris

Chair

William B. Carr, Jr.

Vice Chair

Ketanji B. Jackson

Vice Chair

Ricardo H. Hinojosa

Commissioner

Beryl A. Howell

Commissioner

Dabney L. Friedrich

Commissioner

Isaac Fulwood, Jr.

Ex Officio

Jonathan J. Wroblewski

Ex Officio

Judith W. Sheon

Staff Director

Glenn R. Schmitt

Director

Office of Research and Data

Louis Reedt

Acting Deputy Director

Office of Research and Data

July 2012
Louis Reedt

Melissa Reimer

Office of Research and Data

Overview of Federal

Criminal Cases

Fiscal Year 2010

The United States Sentencing Commission1 received information

on 84,095 new federal criminal cases in which the offender was

sentenced in fiscal year 2010.2 Among these cases, 83,946

involved an individual defendant and 149 involved a corporation or

other “organizational” defendant. This publication provides a brief

overview of those cases.

The Case Load at a Glance

The vast majority of the cases reported to the

Commission involve an individual defendant. Over

the last decade, the number of these cases has

increased every year except one.3 In fiscal year

2010, the increase was 3.2 percent over the number

of such cases in fiscal year 2009. Cases involving

immigration, drugs, fraud, or firearms continue to be

the most common federal criminal cases and make

up the vast majority of federal felonies and Class A

misdemeanors. These four crime types have been

the most common for the last decade. In fiscal year

2010, these crimes accounted for more than 82

percent of all cases reported to the Commission.

Immigration cases continued to be the fastest

growing segment of cases in the federal system. In

fiscal year 2010, there were 28,504 immigration

cases reported to the Commission, an increase of

2,577 cases from the prior fiscal year. In the last ten

fiscal years, the number of cases of this type has

increased by 172.6 percent, while the total federal

caseload has grown by just over 40 percent (40.2%).

As a result, the portion of the annual caseload

attributable to immigration cases has increased from

17.8 percent in fiscal year 2001 to 34.4 percent in

fiscal year 2010. Immigration cases have been the

most common serious federal crime since fiscal year

2009.

1

Of the 83,946 guideline cases, 25,043 were drug cases. Of these, 1,149 were

excluded due to missing drug type. The Drug category includes the following offense

types: drug 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. For definitions of these

categories, see Appendix A of the 2010 Sourcebook of Federal Sentencing Statistics.

SOURCE: U.S. Sentencing Commission, 2010 Datafile, USSCFY10.
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United States Sentencing Commission

The number of drug offenses has declined slightly over the last

five fiscal years, and the portion of the criminal caseload

attributable to those cases decreased to 28.9 percent in fiscal year

2010 compared with 35.5 percent in fiscal year 2006. Firearms

offenses were 9.6 percent of the caseload in fiscal year 2010, a

decrease of 2.1 percentage points from five years ago. The

proportion of fraud cases over that period was relatively stable at

9.7 percent in both fiscal year 2006 and 2010.

Offender Characteristics

In fiscal year 2010, 52.5 percent of all offenders were United

States citizens. However, the percentage of non-citizen offenders

has risen substantially over the last ten years, up 10.4 percentage

points from fiscal year 2006 and up 13.9 percentage points from

fiscal year 2001. Most non-citizens who were convicted of a

federal crime committed an immigration offense (69.4%). Drug

trafficking was the next most common type of offense committed

by non-citizens (18.6%).

The vast majority of criminal offenders are men, and their

proportion of the total offender population has remained constant

for more than a decade. In fiscal year 2010, 86.8 percent of all

offenders were men, compared with 86.7 percent in fiscal year

2006 and 85.5 percent in fiscal year 2001. Among female

offenders, the most common crime was drug trafficking (27.4% of

all women offenders). Embezzlement was the only crime where

female offenders outnumber male offenders (58.7% to 41.3%).

In fiscal year 2010, 48.1 percent of all offenders were Hispanic,

while 27.6 percent of offenders were White and 20.7 percent were

Black. However, the racial composition of offenders varied widely

across offense types and most Hispanic offenders (86.5%) were

sentenced for one of two types of offenses — drug trafficking or

immigration crimes. However, even among drug offenders, racial

and ethnic background varied depending on the type of drug

involved in the crime.

More than half of the federal offenders sentenced in fiscal year

2010 (51.4%) had not completed high school and only 5.4 percent

of offenders had completed college. The average age of

Hispanic

48.1%

Black

20.7%

White

27.6%

Other

3.6%

Male 86.8%

Female

13.2%

U.S. Citizen

52.5%

Non-U.S.

Citizen 47.5%
Prison Only

87.4%

Prison/Split

2.5%

Probation/

Confinement

2.8%

Probation

Only

7.3%

3

Overview of Federal Criminal Cases – Fiscal Year 2010

offenders in fiscal year 2010 was 35 years; this average has

remained relatively unchanged over time.

Case Disposition

The vast majority of convicted defendants plead guilty. In fiscal

year 2010, more than 96 percent of all offenders did so, a rate that

has been largely the same for ten years. When offenders pled

guilty, 43.4 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 60 percent (60.3%) of the 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 3.2 percent of cases in which offenders did not plead guilty,

35.7 percent received a sentence below the guideline range. Less

than five percent (4.8%) of the below range sentences were

requested by the government.

Most federal offenders convicted of a felony or Class A

misdemeanor receive a sentence of incarceration. In fiscal year

2010, 7.3 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

2.8 percent were sentenced to periods of both probation and

some type of confinement, and 2.5 percent were sentenced to a

combination of imprisonment and community confinement, such

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

For the past decade, the

average plea rate has

remained constant at about

96%.

The number of federal

offenders receiving a

sentence of probation only

has decreased over time.
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United States Sentencing Commission

The length of imprisonment imposed on offenders varies greatly

depending on the seriousness of the offense and the criminal

history of the offender. In fiscal year 2010, 71.3 percent of

offenders received a sentence of less than five years, 16.2 percent

of offenders received a sentence of more than five but less than

ten years, and 12.5 percent received a sentence of ten or more

years, excluding life imprisonment. In addition, 197 offenders were

sentenced to life imprisonment and four offenders were sentenced

to death.

Monetary fines were imposed as punishment in 9.3 percent of all

cases in which an individual was sentenced in fiscal year 2010,

either as the sole punishment or combined with some other

sanction. Fines were most commonly imposed in antitrust cases

(75.0%), environmental cases (64.3%), and gambling/lottery cases

(43.4%). When the offender was an organization, courts imposed a

fine in three out of every four cases (76.4%).

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

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

Restitution was most commonly ordered in cases involving

embezzlement (84.3%), robbery (81.5%), burglary (77.8%), arson

(73.4%), and larceny (67.0%). Restitution was ordered in 23.7

percent of the cases with an organizational offender.

Virtually all 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 2010, 91.9

percent of offenders sentenced to incarceration also were

sentenced to serve a period of supervised release. The average

length of supervised release imposed was 47 months. The median

length of supervised release was 36 months.

The Most Common Crimes

Immigration

Immigration offenses4 were the most common serious federal

crime, representing 34.4 percent of the federal criminal case load

for fiscal year 2010. The majority of these offenses involved either

the unlawful reentry into the United States or remaining in the

Offenders in antitrust and

environmental cases are

most likely to receive

monetary fines.
5

Overview of Federal Criminal Cases – Fiscal Year 2010

United States without authority (81.7%). Another 10.8 percent

involved alien smuggling activities.

The offenders sentenced pursuant to immigration guidelines are

very different from other offenders. For example, although citizens

committed the majority of federal crimes (52.5%), the

overwhelming majority (93.9%) of immigration offenses were

committed by non-citizens.5 Similarly, Hispanics accounted for

only 29.7 percent of non-immigration offenders, but 86.9 percent

of immigration offenders. Immigration offenders also 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. While men committed most (85.0%)

federal crimes not involving an immigration offense, men

committed an even higher proportion of immigration crimes

(93.6%).

Drugs

Until fiscal year 2009, drug offenses6 had been the most common

federal crime during the 20 years for which the Commission has

released sentencing data. In fiscal year 2010, 25,043 offenders

were convicted of a drug crime, the majority involving the

manufacture, sale, or transportation of a drug.7 Of these, 1,025

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 43.6

percent of the offenders sentenced under the Chapter Two drug

guidelines. These cases were almost evenly split between

offenses involving crack cocaine (20.1%) and offenses involving

powder cocaine (23.5%).

Marijuana cases were the next most common, representing 26.0

percent of all drug crimes. In fact, marijuana cases were more

prevalent than either crack cocaine or powder cocaine cases.

Drug offenses involving methamphetamine represented 17.7

percent of all drug crimes. Heroin cases were the least common

Most immigration offenders

were male non-citizens

who had less than a

high-school education.

The majority of drug

offenses involved the

manufacture, sale, or

transportation of a drug.
6

United States Sentencing Commission

of the major drug offenses, accounting for 6.7 percent of all drug

crimes.

Most drug offenders were citizens, but the percentage of drug

offenders who are citizens varied widely depending on the type of

drug involved in the offense. For example, 97.2 percent of crack

cocaine offenders were citizens, while only 53.9 percent of

marijuana offenders were citizens. Non-citizens were most often

convicted of an offense involving marijuana. In fiscal year 2010,

40.2 percent of all non-citizen drug offenders committed an

offense involving marijuana.

The race of drug offenders varied even more widely. More than 40

percent (43.8%) of all drug offenders convicted in federal court

DRUG TYPE TOTAL

WHITE BLACK HISPANIC OTHER

Number Percent Number Percent Number Percent Number Percent

TOTAL 24,319 6,194 25.5 6,721 27.6 10,648 43.8 756 3.1

Powder Cocaine 5,708 959 16.8 1,532 26.8 3,124 54.7 93 1.6

Crack Cocaine 4,887 359 7.3 3,838 78.5 638 13.1 52 1.1

Heroin 1,625 262 16.1 449 27.6 898 55.3 16 1.0

Marijuana 6,328 1,552 24.5 484 7.6 4,078 64.4 214 3.4

Methamphetamine 4,303 2,243 52.1 102 2.4 1,784 41.5 174 4.0

Other 1,468 819 55.8 316 21.5 126 8.6 207 14.1

DRUG TYPE TOTAL

U.S. CITIZEN NON-U.S. CITIZEN

Number Percent Number Percent

TOTAL 24,349 17,083 70.2 7,266 29.8

Powder Cocaine 5,716 3,583 62.7 2,133 37.3

Crack Cocaine 4,896 4,757 97.2 139 2.8

Heroin 1,626 1,084 66.7 542 33.3

Marijuana 6,332 3,411 53.9 2,921 46.1

Methamphetamine 4,309 2,968 68.9 1,341 31.1

Other 1,470 1,280 87.1 190 12.9
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Overview of Federal Criminal Cases – Fiscal Year 2010

were Hispanic, with Black offenders accounting for 27.6 percent of

all drug offenders and White offenders representing 25.5 percent of

all drug offenders. In cases involving methamphetamine, 52.1

percent of the offenders were White. In crack cocaine cases, 78.5

percent of those convicted were Black.

Weapons were involved in drug crimes 16.4 percent of the time. As

above, the rate of weapon involvement varied depending on the

type of drug involved, ranging from 27.6 percent of crack cocaine

cases to 7.8 percent of marijuana cases.

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 these factors, comparisons of the average

sentence length in the different types of drug cases should be

made cautiously. In fiscal year 2010, the average punishment for

drug crimes ranged from a high of 111 months of imprisonment for

crack cocaine offenders (with a median sentence of 96 months) to

37 months for marijuana offenders (with a median sentence of 25

months).

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

that judges consider when imposing punishment. In fiscal year

2010, judges in 18.5 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 31.4 percent of the

time. In contrast, courts found such an adjustment warranted in

only 4.0 percent of crack cocaine cases. In another 6.0 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 2010, crack cocaine offenders and

Marijuana cases were more

prevalent than either crack

cocaine or powder cocaine

cases.
8

United States Sentencing Commission

powder cocaine offenders were convicted of an offense that

provided for the imposition of a mandatory minimum sentence at

virtually the same rate (78.8% for crack cocaine offenders and

77.6% for powder cocaine offenders).8

However, 34.3 percent of powder cocaine offenders obtained relief

from a mandatory minimum sentence through the “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.9 In

contrast, less than ten percent of crack cocaine offenders obtained

this relief.

Both crack cocaine and

powder cocaine offenders

were convicted under

mandatory minimum

statutes at nearly the same

rate.
9

Overview of Federal Criminal Cases – Fiscal Year 2010

The differing criminal histories of these two categories of offenders

account for much of this result. Only offenders assigned to

Criminal History Category I (offenders with a criminal history score

of zero or one) are eligible to receive the benefit of the safety

valve. In fiscal year 2010, 59.1 percent of powder cocaine

offenders were assigned to CHC I while only 22.2 percent of crack

cocaine offenders were assigned to that category.

As discussed above, the offender’s prior criminal history is a key

factor in determining the guideline range. In fiscal year 2010,

crack cocaine offenders had, on average, a more serious criminal

history than any other category of drug offender, including powder

cocaine offenders. Under the guidelines, offenders are assigned to

one of six criminal history categories (CHCs) based on their prior

criminal history.10 Powder cocaine offenders were assigned to the

most serious criminal history category (CHC VI) in 8.0 percent of

powder cocaine cases, whereas crack cocaine offenders were

assigned to that category in 28.3 percent of all crack cocaine

cases. In contrast, 54.5 percent of heroin offenders were

assigned to CHC I and 13.1 percent assigned to CHC VI. In

methamphetamine cases, 48.7 percent of offenders were

assigned to CHC I and 11.5 percent to CHC VI. Offenders

convicted of marijuana offenses generally had the least serious

criminal histories, with 67.7 percent assigned to CHC I and 3.4

percent to CHC VI.11

Fraud

Crimes involving fraud accounted for the third largest portion

(9.7%) of federal criminal cases in fiscal year 2010. The losses in

these cases ranged from $0 (no loss, 977 cases) to $3 billion, with

an average loss amount of $4,312,382 and a median loss amount

of $68,076. Identity theft crimes12 accounted for a relatively small

number (727) of these cases in fiscal year 2010. This is down

from 901 such cases sentenced in fiscal year 2009.

Firearms and Other Weapons

Firearms crimes13 were 9.6 percent of the total federal criminal

convictions for fiscal year 2010. Of the 7,986 firearms cases

reported to the Commission, 23.2 percent (1,856) involved the

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

Offenders convicted of

marijuana offenses had the

lowest criminal history

scores.

The median loss amount in

fraud cases was $68,076.
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United States Sentencing Commission

violence or drug trafficking crime.14 More than half of the cases

(4,198) involved a convicted felon who illegally possessed a

firearm.15

Of all cases with complete guideline application information

reported to the Commission in fiscal year 2010, a firearm or other

dangerous weapon (e.g., knife) was involved in the offense in

some way 8.0 percent of the time (5,860 cases). However, a

weapon was involved twice as often in drug cases (16.4%).

Weapons were present most often in crack cocaine cases (27.6%)

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 149

organizations were sentenced for at least one federal criminal

offense in fiscal year 2010. This number is a 15.8 percent

decrease from the 177 cases reported in fiscal year 2009. 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.

Nearly 94 percent of the organizational offenders sentenced in

fiscal year 2010 pled guilty to one or more charges. The most

common crimes for which organizational defendants were

convicted were fraud and environmental crimes. Organizational

offenders were sentenced to pay only a fine to the government in

96 cases. In an additional 17 cases the offender was sentenced

to pay restitution to the victim of the crime as well as to pay a fine.

In 18 cases, the organization was sentenced to pay restitution

only. No fine or restitution was imposed in 17 cases, although

other sanctions were imposed in some of these cases.

Additionally, of the 149 organizational offenders, 105 received

some term of probation, and 42 were ordered to make

improvements in compliance or ethics procedures.16

Drug offenses were more

than twice as likely to

involve a dangerous

weapon compared to other

offenses.

Organizational cases

decreased by almost 16

percent in fiscal year 2010.
Overview of Federal Criminal Cases – Fiscal Year 2010

11

For More Information

More information on these cases can

be found in the Commission’s 2010

Annual Report, 2010 Sourcebook of

Federal Sentencing Statistics, and

Guideline Application Frequencies for

Fiscal Year 2010. The Annual Report

and Sourcebook are available in hard

copy format through the Commission

and all three documents, together with

other reports of sentencing data, are

available in electronic format at the

Commission’s website at

www.ussc.gov.

Resentencings and Other Modifications of Sentence

In fiscal year 2010, the Commission received documentation on

4,120 resentencings or other modifications of sentence. Almost

half of these were a reduction in sentence for substantial

assistance to the government after sentencing (48.7%).17 The

next most common type of resentencing, at 18.4 percent, involved

modifications of the term of imprisonment due to retroactive

application of an amendment to the sentencing guidelines.18 The

third most common type of resentencing occurred after remand of

a case that had been appealed to a circuit court (16.7%).

48.7%

18.4%

16.7%

8.3%

7.9%

ReductionforSubstantial AssistanceFed R. Crim. P. 35(b)

Retroactive Amendment Modification 18 U.S.C. 3582(c)(2)

Remand by Circuit Court 18 U.S.C. 3742(f)(1)/(2)

Restitution Order Modification 18 U.S.C. 3664

Other
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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. In FY 2004, the number of cases reported to the Commission fell by 0.3%. For more information about changes in the

federal criminal caseload over the last decade, see LOUIS REEDT & JESSICA WIDICO-STROOP, UNITED STATES

SENTENCING COMMISSION, CHANGING FACE OF FEDERAL CRIMINAL SENTENCING (2009).

4. 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.

5. Non-citizens primarily are convicted of immigration crimes. Non-citizens were the offenders in only 22.3 percent of

federal crimes other than immigration crimes in fiscal year 2010.

6. Drug offense means, in general, a case in which at least one of the statutes of conviction recorded by the Commission

was an offense under title 21 of the United States Code.

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

8. 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.

9. See 18 U.S.C. § 3553(f).

10. The criminal history score establishes the criminal history category (CHC) for an offender. See USSG, Ch.4. The

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

11. For more information on sentencing issues involving cocaine drug cases, see UNITED STATES SENTENCING

COMMISSION, REPORT TO THE CONGRESS: COCAINE AND FEDERAL SENTENCING POLICY (2007).

12. 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.

13. 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.

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

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

16. Of the 149 organizational cases sentenced pursuant to Chapter Eight, one case was missing information on type of

economic sanction.

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

18. See USSG §1B1.10; see also 18 U.S.C. § 3582(c)(2).