1 U.S. Sentencing Commission 2014 Drug Guidelines Amendment Retroactivity Data Report October 2017
2 Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress, the judiciary, the executive branch, and the general public with data extracted from and based on sentencing documents submitted by courts to the Commission. 1 Data is reported on an annual basis in the Commission s Annual Report and Sourcebook of Federal Sentencing Statistics. 2 The Commission also reports preliminary data for an on-going fiscal year in order to provide real-time analysis of sentencing practices in the federal courts. Since 2005, the Commission has published a series of quarterly reports that are similar in format and methodology to tables and figures produced in the Sourcebook of Federal Sentencing Statistics. The quarterly reports contain cumulative data for the on-going fiscal year (i.e., data from the start of the fiscal year through the most current quarter). On April 30, 2014, the Commission submitted to Congress an amendment to the federal sentencing guidelines that revised the guidelines applicable to drug trafficking offenses by changing how the base offense levels in the drug or chemical quantity tables in sections 2D1.1 and 2D1.11 of the Guidelines Manual 3 incorporate the statutory mandatory minimum penalties for drug trafficking offenses (Amendment 782). 4 Specifically, the amendment reduced by two levels the offense levels assigned to the quantities that trigger the statutory mandatory minimum penalties, resulting in corresponding guideline ranges that include the mandatory minimum penalties, and made conforming changes to section 2D1.1. Amendment 782 became effective on November 1, On July 18, 2014, the Commission voted to give retroactive effect to Amendment 782 beginning on the effective date of the amendment. The Commission also voted to require that courts not release any offender whose term of imprisonment was reduced pursuant to retroactive application of Amendment 782 prior to November 1, To effectuate these decisions, the Commission promulgated Amendment 788 which added Amendment 782 to the list of amendments in 1B1.10 (Reduction in Term of Imprisonment as a Result of an Amended Guideline Range)(Policy Statement) that apply retroactively. Amendment 788 also added a new special instruction to 1B1.10 requiring that the effective date of all orders reducing a term of 1 In each felony or Class A misdemeanor case sentenced in federal court, sentencing courts are required to submit the following documents to the Commission: the judgment and commitment order, the statement of reasons, the plea agreement (if applicable), the indictment or other charging document, and the presentence report. See 28 U.S.C. 994(w). 2 See the Commission s website, for electronic copies of the Annual Report and Sourcebook of Federal Sentencing Statistics. 3 U.S. SENTENCING COMMISSION, GUIDELINES MANUAL 2D1.1 (Unlawful Manufacturing, Importing, Exporting or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) (2013) (hereinafter USSG); USSG 2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy). 4 References to the 2014 drug guidelines amendment, the amendment, or any similar references mean Amendment 782.
3 imprisonment pursuant to retroactive application of Amendment 782 be November 1, 2015 or later. Amendment 788 became effective on November 1, The data in this report represents information concerning motions for a reduced sentence pursuant to the retroactive application of Amendment 782. The data in this report reflects all motions decided through September 30, 2017, and for which court documentation was received, coded, and edited at the Commission by October 25, 2017.
4 Total Granted Denied Total Granted Denied District N N % N % District N N % N % TOTAL 47,768 30, , Southern Texas 3,187 1, , Montana Western Texas 2,533 1, Southern California Northern Texas 1,938 1, New Jersey Middle Florida 1, Northern Alabama Puerto Rico 1,510 1, Idaho Eastern Texas 1,207 1, Eastern Pennsylvania Eastern Virginia 1, Western Washington Northern Iowa 1, Middle Pennsylvania Eastern North Carolina 1, Northern West Virginia South Carolina 1, Western Oklahoma Western North Carolina 1, Arizona Southern Florida Wyoming Eastern Tennessee Western Louisiana Western Virginia Eastern New York Southern Iowa Massachusetts Northern Florida North Dakota Northern Georgia Northern New York Nebraska Connecticut Central Illinois Eastern Wisconsin Maryland Hawaii Central California Northern Indiana Southern Georgia Eastern Arkansas Middle North Carolina Northern Oklahoma Eastern Kentucky Nevada Western Missouri Western Pennsylvania Eastern Missouri Eastern Washington Northern Illinois Northern Mississippi Eastern California Middle Louisiana Kansas Middle Tennessee Western Michigan Western Wisconsin Southern Illinois Middle Alabama Western Tennessee Southern West Virginia Southern Indiana Alaska Southern Alabama Colorado Southern New York Maine Eastern Michigan South Dakota Middle Georgia Western Kentucky Western Arkansas Eastern Oklahoma Minnesota Oregon Southern Ohio District of Columbia Northern Ohio Rhode Island Utah New Hampshire Southern Mississippi Vermont Northern California Virgin Islands Eastern Louisiana Delaware Western New York Guam New Mexico Northern Mariana Islands Note: Some districts may not have reported all denials of motions seeking retroactive application of Amendment 782. Table 1 GEOGRAPHICAL DISTRIBUTION OF APPLICATION OF RETROACTIVE DRUG GUIDELINES AMENDMENT BY DISTRICT
5 Table 2 DISTRIBUTION OF DRUG TYPE OF OFFENDERS WHO RECEIVED SENTENCE REDUCTION DUE TO APPLICATION OF RETROACTIVE DRUG GUIDELINES AMENDMENT 1 Methamphetamine 31.7% Marijuana 8.7% Heroin 6.8% PCP 0.3% MDMA/Ecstacy 0.9% Steroids 0.0% Other 4.4% Oxycodone/Oxycontin 2.6% Crack Cocaine 19.7% Hydrocodone 0.0% Synthetic THC 0.0% Other Drugs 0.5% Powder Cocaine 28.6% 1 Of the 30,991 cases in which the court granted a motion for a sentence reduction due to retroactive application of Amendment 782, information on drug type was missing in 515 cases.
6 Table 3 APPLICATION OF RETROACTIVE DRUG GUIDELINES AMENDMENT BY YEAR OF ORIGINAL SENTENCE 1 Fiscal Total Granted Denied Year N N % N % Total 47,569 30, , , , ,637 4, , ,756 5, , ,438 4, , ,892 3, , ,816 2, , ,379 2, , ,707 1, ,264 1, ,694 1, , Of the 47,768 cases reported to the Commission, 199 were excluded from this analysis because the case cannot be matched with an original case in the Commission's records.
7 Table 4 ORIGIN OF GRANTED MOTION FOR SENTENCE REDUCTION DUE TO RETROACTIVE APPLICATION OF DRUG GUIDELINES AMENDMENT 1 Total Defendant Director BOP 2 Court CIRCUIT N N % N % N % TOTAL 29,847 24, , D.C. CIRCUIT FIRST CIRCUIT 1,545 1, SECOND CIRCUIT 1, THIRD CIRCUIT FOURTH CIRCUIT 4,537 3, FIFTH CIRCUIT 6,277 4, , SIXTH CIRCUIT 2,662 2, SEVENTH CIRCUIT 2,079 2, EIGHTH CIRCUIT 3,311 2, NINTH CIRCUIT 2,652 2, TENTH CIRCUIT 1,331 1, ELEVENTH CIRCUIT 3,681 3, Of the 30,991 cases in which the court granted a motion for a sentence reduction due to retroactive application of Amendment 782, 1,190 cases were excluded from this analysis because the information received by the Commission prevented a determination of motion origin. Additionally, courts may cite multiple origins for a motion; consequently, the total number of origins cited generally exceeds the total number of cases. In this table, 29,847 origins were cited for the 29,801 cases. 2 In 13 cases, documents provided to the Commission indicated that the Director of the Bureau of Prisons made the motion. Those cases appear to be clerical errors.
8 DEMOGRAPHIC CHARACTERISTICS OF OFFENDERS WHO RECEIVED SENTENCE REDUCTION DUE TO APPLICATION OF RETROACTIVE DRUG GUIDELINES AMENDMENT Total Powder Cocaine Table 5 Crack Cocaine Heroin Marijuana Methamphetamine Race/Ethnicity Granted 1 N % N % N % N % N % N % White 7, , Black 10,025 2, , Hispanic 12,504 5, , , , Other Total 30,422 8,709 5,997 2,083 2,647 9,642 1,344 Citizenship U.S. Citizen 23,139 5, , , , , , Non-Citizen 7,302 2, , Total 30,441 8,707 6,002 2,085 2,653 9,648 1,346 Gender Male 28,280 8, , , , , , Female 2, , Total 30,473 8,719 6,005 2,087 2,656 9,659 1,347 Other Average Age Of the 30,991 cases in which the court granted a motion for a sentence reduction due to retroactive application of Amendment 782, 515 cases were excluded due to missing drug type information. Additional cases were excluded from each section of this table due to the following reasons: missing race information (54), missing citizenship information (35), missing gender information (3), and missing age information (9).
9 Table 6 SELECTED SENTENCING FACTORS FOR OFFENDERS WHO WERE CONSIDERED FOR SENTENCE REDUCTION DUE TO APPLICATION OF RETROACTIVE DRUG GUIDELINES AMENDMENT 1 Total Powder Cocaine Crack Cocaine Heroin Marijuana Methamphetamine Grant Deny Grant Deny Grant Deny Grant Deny Grant Deny Grant Deny Grant Deny % % % % % % % % % % % % % % Weapon Weapon Specific Offense Characteristic Firearms Mandatory Minimum Applied Other Safety Valve Guideline Role Adjustments Aggravating Role (USSG 3B1.1) Mitigating Role (USSG 3B1.2) Obstruction Adjustment (USSG 3C1.1) Sentence Relative to the Guideline Range Within Range Above Range Below Range Criminal History Category I II III IV V VI Some cases were excluded from sections of this table due to missing information on the offense or sentencing factors reported.
10 Table 7 DEGREE OF DECREASE IN SENTENCE DUE TO RETROACTIVE APPLICATION OF DRUG GUIDELINES AMENDMENT 1 Average Average Current New Average Decrease Average Percent CIRCUIT Sentence Sentence in Months From Decrease From District N in Months 2 in Months 2 Current Sentence 2 Current Sentence TOTAL 30, D.C. CIRCUIT District of Columbia FIRST CIRCUIT 1, Maine Massachusetts New Hampshire Puerto Rico 1, Rhode Island SECOND CIRCUIT 1, Connecticut New York Eastern Northern Southern Western Vermont THIRD CIRCUIT Delaware New Jersey Pennsylvania Eastern Middle Western Virgin Islands FOURTH CIRCUIT 4, Maryland North Carolina Eastern Middle Western South Carolina Virginia Eastern Western West Virginia Northern Southern
11 Table 7 (continued) DEGREE OF DECREASE IN SENTENCE DUE TO RETROACTIVE APPLICATION OF DRUG GUIDELINES AMENDMENT Average Average Current New Average Decrease Average Percent CIRCUIT Sentence Sentence in Months From Decrease From District N in Months 2 in Months 2 Current Sentence 2 Current Sentence FIFTH CIRCUIT 6, Louisiana Eastern Middle Western Mississippi Northern Southern Texas Eastern 1, Northern 1, Southern 1, Western 1, SIXTH CIRCUIT 2, Kentucky Eastern Western Michigan Eastern Western Ohio Northern Southern Tennessee Eastern Middle Western SEVENTH CIRCUIT 2, Illinois Central Northern Southern Indiana Northern Southern Wisconsin Eastern Western EIGHTH CIRCUIT 3, Arkansas Eastern Western Iowa Northern Southern Minnesota Missouri Eastern Western Nebraska North Dakota South Dakota
12 Table 7 (continued) DEGREE OF DECREASE IN SENTENCE DUE TO RETROACTIVE APPLICATION OF DRUG GUIDELINES AMENDMENT Average Average Current New Average Decrease Average Percent CIRCUIT Sentence Sentence in Months From Decrease From District N in Months 2 in Months 2 Current Sentence 2 Current Sentence NINTH CIRCUIT 2, Alaska Arizona California Central Eastern Northern Southern Guam Hawaii Idaho Montana Nevada Northern Mariana Islands Oregon Washington Eastern Western TENTH CIRCUIT 1, Colorado Kansas New Mexico Oklahoma Eastern Northern Western Utah Wyoming ELEVENTH CIRCUIT 3, Alabama Middle Northern Southern Florida Middle Northern Southern Georgia Middle Northern Southern Of the 47,768 cases reported to the Commission, 199 cases were excluded from this analysis because the case cannot be matched with an original case in the Commission's records and 16,718 cases were excluded from this analysis because the court denied the motion for a sentence reduction. Of the remaining 30,851 cases, 735 cases in which the court granted the motion were excluded from this analysis because the offender was sentenced to time served but the resulting term of imprisonment could not be determined from the records received by the Commission. 2 The average sentence lengths and the average decrease in months from the current sentence are rounded to the nearest whole number. Consequently, the average decrease in months from the current sentence may not equal the difference between the rounded average current sentence and the rounded average new sentence.
13 Table 8 REASONS GIVEN BY SENTENCING COURTS FOR DENIAL OF MOTION 1 REASONS N % Offense does not involve drugs Sentence is determined by a non-drug guideline Case does not involve drugs Offender not eligible under 1B , Career Offender or Armed Career Criminal provisions control sentence 3, Statutory mandatory minimum controls sentence 2, Guideline range does not change 2, Already received Amendment 782 reduction 1, Original sentence has been served Defendant will be released before November 1, Statutory maximum sentence is less than applicable guideline range Base offense level is Denied on the merits 3, Offender has already benefitted from departure or variance 1, Denial because of binding plea U.S.C. 3553(a) factors Protection of the public Post-sentencing or post-conviction conduct No reason provided/other reason 2, No reason provided 2, Other Courts may cite multiple reasons for denying a motion; consequently, the total number of reasons cited generally exceeds the total number of cases. In this table, 18,205 reasons were cited in the 16,777 cases in which the court denied the motion for a sentence reduction pursuant to the retroactive application of Amendment 782.
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