Overview of Federal Criminal Cases
Fiscal Year 2016
UNITED STATES SENTENCING COMMISSION
United States Sentencing Commission
One Columbus Circle, N.E.
Washington, DC 20002
www.ussc.gov
William H. Pryor, Jr.
Acting Chair
Rachel E. Barkow
Commissioner
Charles R. Breyer
Commissioner
Danny C. Reeves
Commissioner
J. Patricia Wilson Smoot
Ex Ofcio
Jonathan J. Wroblewski
Ex Ofcio
Kenneth P. Cohen
Staff Director
Glenn R. Schmitt
Director
Ofce of Research and Data
May 2017
Overview of Federal Criminal Cases — Fiscal Year 2016
1
Overview of Federal Criminal Cases
Fiscal Year 2016
Glenn R. Schmitt, J.D., M.P.P.
Director
Ofce of Research & Data
Elizabeth Jones, M.A.
Research Associate
Ofce of Research & Data
The Case Load at a Glance
The 67,742 individual original cases reported to the Commission in scal year 2016
represent a decrease of 3,261 (4.6%) cases from scal year 2015. Since scal year 2011,
the year in which the largest number of offenders were sentenced,
3
the number of
offenders sentenced in the federal courts has fallen steadily, for a total decrease of 21.4
percent. In scal year 2016, fewer cases were reported for most offenses than in the prior
scal year. However, the number of cases involving sexual abuse, assault, rearms, and
money laundering increased.
For more than a decade, drugs,
immigration, fraud, and rearms
cases constituted the vast majority
of federal felonies and Class
A misdemeanors. This trend
continued in scal year 2016, as
these crimes accounted for 81.6
percent of all cases reported to the
Commission.
Figure 1. Number of Offenders Over Time
Fiscal Years 2007-2016
The United States Sentencing Commission
1
received
information on 67,874 federal criminal cases in which the
offender was sentenced in scal year 2016.
2
Among these cases,
67,742 involved an individual offender and 132 involved a
corporation or other “organizational” offender. The Commission
also received information on 11,991 cases in which the court
resentenced the offender or modied the sentence that had been
previously imposed. This publication provides an overview of
those cases.
United States Sentencing Commission
2
Drugs
Drug cases continued to be the most
common type of federal case. In scal
year 2016, 21,387 drug cases reported
to the Commission accounted for 31.6
percent of all cases. Most of those cases
(89.9%) were drug trafcking offenses.
Immigration
Immigration cases were the next most
common, accounting for 29.6 percent
of the total federal caseload. In scal
year 2011, immigration cases were the
most common federal crime—however,
since that year the number of these
cases has steadily declined. The 20,051
immigration cases reported to the
Commission in 2016 represent a 3.5
percent decrease from 2015, and a 32.5
percent decrease from 2011.
Fraud
There were 6,517 fraud cases in
scal year 2016, accounting for
9.6 percent of the total federal
caseload; however, this number
represents a 12.2 percent
reduction from the year before.
Firearms
Finally, there were 7,305
rearms cases reported to the
Commission in scal year 2016.
These cases accounted for 10.8
percent of the caseload, about
the same portion of the overall
caseload that they represented
in scal year 2008. This number
also represents a 3.3 percent
increase in rearms cases from
scal year 2015.
Non-Fraud White Collar
3.3%
Fraud
9.6%
Larceny
1.5%
Administration of Justice
1.5%
Other
9.2%
Immigration
29.6%
Firearms
10.8%
Child Pornography
2.9%
Drugs
31.6%
Powder Cocaine 18.0%
Crack Cocaine 7.1%
Heroin 13.1%
Marijuana 24.1%
Methamphetamine 30.8%
Other
6.6%
Listed Chemicals 0.3%
Figure 2. Offenders In Each Primary Offense Category
Fiscal Year 2016
Figure 3. Immigration Offenses Over Time
Fiscal Year 2016
Number
Overview of Federal Criminal Cases — Fiscal Year 2016
3
Individual Offender Characteristics
Gender
Most offenders are men, and their
proportion of the total offender population
has remained constant for more than a
decade. In scal year 2016, 86.2 percent
of all offenders were men, compared with
86.8 percent in scal year 2012, and 86.5
percent in scal year 2007. Among female
offenders, the most common crime was
drug trafcking (committed by 31.6% of
all women offenders). Embezzlement
continues to be the only crime for which
female offenders outnumber male
offenders (56.3% to 43.7%), although the
number of these cases (318) is small when
compared to other offense types.
Race
In scal year 2016, 53.3 percent of all
federal offenders were Hispanic, while 22.3
percent were White, and 20.4 percent were
Black.
4
The racial composition of offenders
varied widely across offense types. For
example, most Hispanic offenders (81.0%)
were sentenced for one of two types of
offenses—immigration or drug trafcking
crimes. Among drug offenders, racial and
ethnic background varied depending on
the type of drug involved in the crime.
Citizenship
A majority of federal offenders are United
States citizens (58.3%). Most non-citizen
offenders committed an immigration
offense (65.5%). The next most common
offense type among non-citizen offenders
was drug trafcking (19.8%).
Race
White
22.3%
Black
20.4%
Hispanic
53.3%
Other
4.0%
Figure 4. Gender, Race, and Citizenship of Offenders
Fiscal Year 2016
United States Sentencing Commission
4
Age
The average age of offenders in scal year 2016 was 37 years old, only a slight increase
from the average age of 36 for offenders sentenced in scal year in 2012 and the average
age of 35 in 2007. Almost half of all federal offenders sentenced in scal year 2016 (46.7%)
had not completed high school, and only 6.2 percent of offenders had completed college.
Case Disposition
In scal year 2016 the vast majority of offenders (97.3%) pleaded guilty. This rate has
been consistent for more than 15 years. Among those offenders who pleaded guilty, 49.1
percent received a sentence below the applicable sentencing guideline range. Almost
sixty percent (58.8%) 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 comparison, in the 2.7 percent of cases where the offender did not plead guilty, 46.2
percent received a sentence below the guideline range, although only 8.7 percent of those
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 scal year 2016, an
imprisonment sentence was imposed on 87.5
percent of all offenders. Another 7.3 percent
of offenders received a sentence of probation
only (i.e., where no type of connement was
imposed), a rate that has decreased over
time from a high of 15.3 percent in 1990.
5
Among the remaining offenders receiving a
sentence, 2.5 percent were given periods of
probation and some type of connement and
2.8 percent were sentenced to a combination
of imprisonment and community
connement, such as in a half-way house or
home connement.
6
The length of imprisonment 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 connement in scal year 2016, at 241 months on
average. Environment and wildlife offenses were punished least severely, with offenders
receiving connement sentences of three months, on average.
7
Overall, 71.3 percent of offenders received a sentence of less than ve years, 16.5 percent
of offenders received a sentence of ve years or longer but less than ten years, and
12.2 percent received a sentence of ten years or longer. In scal year 2016, 125 federal
offenders were sentenced to life imprisonment and no death sentences were imposed.
Prison Only
87.5%
Probation Only
7.3%
Probation/
Confinement
2.5%
Prison/Split
2.8%
Figure 5. Type of Sentence Imposed
Fiscal Year 2016
Overview of Federal Criminal Cases — Fiscal Year 2016
5
Fines were imposed in 8.3 percent of all cases in which an individual offender was
sentenced in scal year 2016, either as the sole punishment or combined with some other
sanction. Fines were most commonly imposed in antitrust (85.7%) and environmental
(72.4%) cases. When the offender was an organization, courts imposed a ne in the
majority of cases (78.0%).
Courts ordered restitution to be paid to the victim of the crime in 15.3 percent of all cases
in which an individual was the offender. Restitution was most commonly ordered in
cases involving embezzlement (86.6%), robbery (83.9%), tax (78.5%), arson (78.2%), fraud
(75.2%), and larceny (70.1%). Restitution was ordered in 28.0 percent of the cases where
the offender was an organization.
Most offenders who were sentenced to imprisonment also were sentenced to serve a
period of supervised release following the completion of their connement. In scal year
2016, 81.3 percent of offenders sentenced to incarceration also were sentenced to serve
a period of supervised release. In immigration cases, however, supervised release was
imposed in 58.2 percent of the cases, reecting 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 92.0 percent of cases not involving
immigration. The average length of supervised release imposed for all cases was 47
months, and the median length was 36 months.
The Most Common Crimes
Drugs
Drug offenses were the most common federal crimes in scal year 2016. Most of the
21,387 drug cases involved the manufacture,
sale, or transportation of a drug,
8
while 1,884 of
those cases involved a conviction for the simple
possession of a drug.
The total number of drug cases reported to the
Commission fell for the fourth consecutive year, a
decrease of 5.5 percent from scal year 2015. However, cases involving methamphetamine
and heroin increased, by 2.0 percent and 1.6 percent respectively, over the number of such
cases reported in scal year 2015.
Methamphetamine offenses continued to be the most common drug cases, representing
30.8 percent of all drug crimes. The number of methamphetamine cases has increased
substantially since 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, accounting for 25.1 percent of all drug offenders sentenced.
Powder cocaine cases accounted for 18.0 percent of all drug cases while crack cocaine cases
The proportion of drug offenses
involving methamphetamine has
increased substantially since 1994,
from 6.4% to 30.8%.
United States Sentencing Commission
6
accounted for 7.1 percent. The number of crack cocaine cases has fallen 73.9 percent since
scal year 2008, the year in which the largest number of those cases were reported to the
Commission and represented 23.7 percent of all drug cases.
Of the remaining drug cases, marijuana cases accounted for 24.1 percent of the cases,
heroin for 13.1 percent, and cases involving “other” drugs, mostly prescription drugs such
as oxycodone, accounted for 6.9 percent of all drug offenses.
Most drug offenders were United States citizens, although the citizenship of drug
offenders varied widely depending on the type of drug involved in the offense. For
example, 97.4 percent of crack cocaine offenders were United States citizens, while only
43.7 percent of marijuana offenders were citizens.
The race of drug offenders varied even more widely by the type of drug involved in the
offense. Over half (50.8%) of all drug offenders convicted in federal court were Hispanic,
while Black offenders constituted 23.6 percent of all drug offenders, and White offenders
were 22.8 percent of all drug offenders. Yet, in crack cocaine cases, 82.6 percent of those
convicted were Black, and in “other” drug cases 54.3 percent of the offenders were White.
In marijuana cases, 77.0 percent off those convicted were Hispanic.
Weapons were involved in 17.6 percent of all drug offenses. As with the other aspects of
these cases, the rate of weapon involvement varied depending on the type of drug involved,
ranging from 31.8 percent in crack cocaine cases to 6.6 percent in marijuana cases.
The length of sentences imposed in drug cases remained relatively steady from scal
year 2015 with slight increases and decreases depending on each drug type. The largest
reduction in average sentence occurred in cases involving marijuana, where the average
length of imprisonment decreased from 32 months to 28 months (with a median sentence
of 18 months), a 12.5 percent decline from scal year 2015.
Months
0
20
40
60
80
100
120
Powder Cocaine Crack Cocaine Heroin Marijuana Methamphetamine Other
Figure 6. Average Prison Sentence by Primary Drug Type
Fiscal Year 2016
Overview of Federal Criminal Cases — Fiscal Year 2016
7
For the second year in a row methamphetamine offenses were the most severely punished
drug crime, with an average length of imprisonment of 90 months (and a median sentence
of 70 months). Marijuana offenders had the lowest average imprisonment in scal year
2016 at 28 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 Congress 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.
9
In scal year 2016, just under half (44.5%) of all drug
offenders were convicted of an offense carrying a
mandatory minimum penalty; however, this proportion
was the lowest it has been since 1993, the year in which
the Commission began reporting data on the rate at
which mandatory minimum penalties were applied in
federal cases. This signicant reduction was due, in
large part, to a change in the policy of the Department
of Justice as to how to charge drug cases, which took
effect in 2013.
10
In scal year 2016, powder cocaine offenders and methamphetamine offenders were
convicted of an offense that provided for the imposition of a mandatory minimum
sentence at the highest rates—59.6 percent in powder cocaine cases and 54.1 percent
in methamphetamine cases.
11
Mandatory minimum penalties were least common in
drug cases involving “other” drugs (which are mostly prescription drugs) and marijuana,
accounting for 5.3 percent and 26.1 percent, respectively, of those cases.
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.
12
Powder cocaine
offenders obtained relief from a mandatory minimum sentence through the use of the
safety valve most often, in 25.9 percent of all powder cocaine cases in which a mandatory
minimum penalty applied. In contrast, only 3.2 percent of crack cocaine offenders
obtained this relief.
This difference is due largely to the differing criminal histories of powder cocaine and
crack cocaine offenders. In scal year 2016, 62.3 percent of powder cocaine offenders were
assigned to Criminal History Category I (offenders with a criminal history score under
the sentencing guidelines of zero or one) while just 18.3 percent of crack cocaine offenders
were assigned to that category. Only offenders assigned to Criminal History Category I
are eligible to receive the benet of the safety valve.
In FY16, the proportion of
drug offenders convicted of
a mandatory minimum was
the lowest it has been since
1993.
United States Sentencing Commission
8
Overall, crack cocaine offenders continue to have, on average, a more serious criminal
history than any other group of drug offender.
13
Crack cocaine offenders were assigned to
the most serious criminal history category (CHC VI) in 28.7 percent of all crack cocaine
cases. In contrast, powder cocaine offenders were assigned to CHC VI in only 8.3 percent
of cases. By comparison, 16.3 percent of heroin offenders were assigned to CHC VI
and 14.3 percent of methamphetamine offenders were assigned to CHC VI. Offenders
convicted of marijuana offenses generally had the least serious criminal histories, with
66.0 percent assigned to CHC I and only 3.2 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 scal year 2016, the applicable guideline range was lowered
in 20.6 percent of all drug cases because of the offender’s minor or minimal role in the
offense. In marijuana cases, this adjustment to the guideline range occurred 37.7 percent
of the time, a 10 percent increase from scal year 2015. In contrast, such an adjustment
applied in only 5.5 percent of crack cocaine cases. In 7.5 percent of all drug cases, the
applicable guideline range was increased because of the offender’s role as an organizer,
leader, manager, or supervisor.
Immigration
Immigration offenses
14
were the second most common federal crime in scal year 2016,
representing 29.6 percent of the cases reported to the Commission. This number
represents a 0.3 percent increase from scal year 2015. The majority of these offenses
involved either the unlawful reentry into the United States or unlawfully remaining in
the United States without authority (82.7%). Another 12.7 percent were alien smuggling
offenses. The average sentence in immigration cases in scal year 2016 was 13 months, a
decrease of one month from scal year 2015.
Offenders sentenced under the immigration guidelines differ from other federal offenders
in several ways. For example, although United States citizens committed the majority
of all federal crimes (58.3%) in scal year 2016, the overwhelming majority (91.2%) of
immigration offenses were committed by non-citizens.
15
Similarly, while Hispanics
accounted for only 33.3 percent of non-immigration offenders, they account for 96.2
percent of immigration offenders. Also, immigration offenders had signicantly less
education than other offenders. Over 80 percent (80.8%) of immigration offenders had less
than a high school education, compared with 33.0 percent of offenders convicted of other
crimes. While men committed most federal crimes other than immigration (83.6%), men
committed an even higher proportion of immigration crimes (92.6%).
Firearms and other weapons
Crimes involving rearms
16
accounted for 10.8 percent of the total number of federal
criminal convictions in scal year 2016. The 7,305 rearms cases reported to the
Commission represent an increase of 3.3 percent from the prior year. Of all rearms
cases, 23.6 percent involved the possession or use of a rearm in connection with a crime
of violence or drug trafcking crime.
17
More than half of rearms cases (55.7%) involved
Overview of Federal Criminal Cases — Fiscal Year 2016
9
the illegal possession of a rearm, usually by a convicted felon.
18
The average sentence
imposed in rearms cases was 75 months, a decrease of four months from the average
sentence of 79 months in scal year 2015.
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 scal year 2016, the sentences imposed in
8.9 percent of the cases were enhanced (either through application of specic offense
characteristics under the guidelines when available or by statute) because a rearm or
other dangerous weapon (e.g., knife) was involved in the offense. In drug cases, a weapon
was involved at a rate (17.6%) more than twice that of all cases generally. Among drug
cases, weapons were present most often in crack cocaine cases (31.8%) and least often in
marijuana cases (6.6%).
Fraud
Fraud crimes accounted for the fourth largest portion (9.6%) of the total federal criminal
convictions for scal year 2016. The 6,517 fraud cases reported to the Commission were
a decrease of 12.2 percent from the number of fraud cases reported the prior year. The
losses in these cases ranged from no loss (153 cases) to more than $800 million (one
case), with an average loss amount of $2,376,516 and a median loss amount of $211,969.
Identity theft crimes
19
accounted for a relatively small number (862) of these cases in
scal year 2016. The average sentence imposed in fraud cases in scal year 2016 was 25
months, a decrease of two months from the average sentence in scal year 2015.
Organizational Cases
Organizations such as corporations and partnerships can be prosecuted for violating
federal criminal law, and 132 organizations were sentenced in scal year 2016. This
number is a 27.1 percent decrease from the 181 cases reported in scal year 2015. It is the
lowest number of organizational defendants reported
since scal year 2004 (130) and is a continuation of
the decrease in the number of these cases over the
past 15 years. By comparison, in scal year 2007,
there were 196 defendants and in scal year 2002,
there were 252 organizational defendants.
Of the 132 organizational offenders, 97.7 percent pled guilty to one or more charges
in scal year 2016. The most common crimes for which organizational defendants
were convicted were fraud and environmental crimes. In 74 cases, a ne was the sole
component of the sentence imposed. In an additional 29 cases the organization was
sentenced to pay restitution to the victim of the crime as well as to pay a ne. In eight
cases, the sole component of the sentence was the payment of restitution. No ne or
restitution was imposed in 21 cases, although other sanctions were ordered in some of
these cases. Additionally, of the 132 organizational offenders, 80 were sentenced to some
term of probation, and 27 were ordered to make improvements in compliance or ethics
programs.
The number of organizational
cases has decreased over the
last 15 years.
United States Sentencing Commission
10
Resentencings and Other Modications of Sentence
In 2016, the Commission received documentation on 11,991 resentencings and other
modications of sentence. This represents a 51.5 percent decline from last year. The most
frequently reported reason was the modication of a term of imprisonment due to the
retroactive application of an amendment to the sentencing guidelines (8,015 cases; 66.8%
of all cases). Almost all cases in which this reason was cited involved the retroactive
application of the Commission’s 2014 amendment to the drug guidelines.
20
The second most common type of resentencing was a reduction in sentence for substantial
assistance
21
to the government in investigating or prosecuting another person after the
offender was sentenced (1,371 cases; 11.4% of all cases). The third most common type
of resentencing or modication of sentence was through a post-conviction motion in the
district court (1,152 cases; 9.6% of all cases).
22
Most of the cases in this last group were
resentencings of offenders required by the Supreme Court’s decision in Johnson v. United
States.
23
Figure 7. Resentencings and Other Modications of Sentence
Fiscal Year 2016
For More Information
More information on federal sentencing data can be found in the Commission’s 2016
Sourcebook of Federal Sentencing Statistics and Guideline Application Frequencies for Fiscal
Year 2016. 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. Additional statistical analyses of these
cases can be found through the Commission’s “Interactive Sourcebook of Federal Sentencing
Statistics” at http://isb.ussc.gov.
Overview of Federal Criminal Cases — Fiscal Year 2016
11
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 efcient 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 eld.
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. The scal year for the federal government begins on October 1 and
ends on September 30. The scal year is designated by the calendar year in which it ends.
3
In scal year 2011, 86,201 individual offenders were sentenced. U.S. Sentencing comm’n, 2011 SoUrcebook
of federal Sentencing StatiSticS iv (2012).
4
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 Pacic 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.
5
See U.S. Sentencing comm’n, 1990 annUal report 53 (1991).
6
For more information concerning the use of alternative sentences in the federal system, see coUrtney
SemiSch, U.S. Sentencing comm’n, alternative SentenceS in the federal SyStem (2015).
7
Probation sentences are included in the calculation of average sentence as zero months. Almost two-thirds
(65.9%) of environment and wildlife offenders received a sentence of probation with no type of connement,
and 72.4% of these offenders were ned as part of their sentence.
8
This number also includes persons convicted of one or more crimes in addition to a drug offense.
9
The Commission’s general practice has been to incorporate statutory minimum penalties into the
structure of the guidelines. For example, in drug trafcking 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 U.S. Sentencing comm’n, gUidelineS manUal, appendix c, ammendment
782 (effective November 1, 2014).
10
See Memorandum to United States Attorneys and Assistant Attorney General for the Criminal Division
from Attorney General Eric Holder, Department Policy on Charging Mandatory Minimum Sentences and
Recidivist Enhancements in Certain Drug Cases (August 12, 2013). In scal year 2013, the scal year
United States Sentencing Commission
12
that concluded just after the Attorney General’s memorandum was issued, 62.2 percent of drug offenders
were convicted of an offense carrying a mandatory minimum penalty. The portion of drug cases carrying a
mandatory minimum penalty in scal year 2014 was 50.1 percent.
11
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.
12
See 18 U.S.C. § 3553(f).
13
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 U.S.
Sentencing comm’n gUidelineS manUal, Ch.4 (2016). The CHC, along with the nal offense level, determines
the sentencing range under the guidelines.
14
Immigration offense means, in general, a case in which at least one of the statutes of conviction involved
trafcking in passports or entry documents; failure to surrender naturalization certicates; fraudulently
acquiring passports; alien smuggling; unlawful presence in the United States; or fraudulently acquiring
entry documents.
15
Non-citizens primarily are convicted of immigration crimes. Non-citizens were the offenders in only 22.0
percent of all other federal crimes in scal year 2016.
16
Firearms crime includes unlawful possession or transportation of rearms or ammunition; unlawful
trafcking in explosives; possession of guns or explosives in a federal facility, a school, or on an aircraft; the
use of re or explosives to commit a felony; and the use of rearms or ammunition during a crime.
17
I.e., a case in which 18 U.S.C. § 924(c) was the statute of conviction.
18
I.e., a case in which 18 U.S.C. § 922(g)(1) was the statute of conviction.
19
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.
20
See U.S. Sentencing comm’n, gUidelineS manUal, appendix c, ammendment 782 (effective November 1,
2014).
21
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 and Jill baiSinger, U.S. Sentencing
comm’n, the USe of federal rUle of criminal procedUre 35(b) (2016).
22
See 28 U.S.C. § 2255.
23
Johnson v. United States, 135 S.Ct. 2552 (2015) (holding that part of the Armed Career Criminal Act was
unconstitutional).
Overview of Federal Criminal Cases — Fiscal Year 2016
13