Alien Smuggling Offenses

1 OF THESE CASES, 20,071 INVOLVED IMMIGRATION THERE WERE 75,836 CASES REPORTED TO THE UNITED STATES SENTENCING COMMISSION IN FISCAL YEAR 2014. Top Five Districts Alien Smuggling Offenders FY 2014 Southern District of Texas (N=1,011) District of Arizona (N=337) Western District of Texas (N=312) Southern District of California (N=254) District of New Mexico (N=65) 2,5612,5462,2312,2242,24102,0004,0006,00 08,00010,000FY10FY11FY12FY13FY14 Number of Alien Smuggling OffendersFewer than to to less than or of Aliens Smuggledin the OffenseFY 2014 1 Immigration cases include cases with complete guideline application information sentenced under USSG ( Smuggling , Transporting or Harboring and Unlawful Alien ), (Illegal Reentry), (Trafficking in Documents Relating to Citizenship)

2 , (Fraudulently Acquiring Documents Relating to Citizenship), and (Failure to Surrender Canceled Naturalization Certificate). 2 Alien Smuggling involves cases in which the court applied USSG as the primary sentencing guideline. Only cases for which the Commission received complete sentencing information are included in this analysis. Alien Smuggling Offenses In fiscal year 2014, there were 2,241 offenders convicted of Alien Smuggling , accounting for of all immigration offenders sentenced under the guidelines. In of Alien Smuggling cases, an unaccompanied minor was smuggled in fiscal year 2014. Offender and offense Characteristics In fiscal year 2014, more than half of Alien Smuggling offenders were citizens ( ) Most Alien Smuggling offenders were male ( ).

3 The average age of these offenders at sentencing was 33 years. Nearly three-fifths ( ) of Alien Smuggling offenders had little or no prior criminal history ( , assigned to Criminal History Category I). The proportion of Alien Smuggling offenders in other Criminal History Categories was as follows: of these offenders were in Category II; were in Category III; were in Category IV; were in Category V; and were in Category VI. Almost half ( ) of Alien Smuggling Offenses involved the Smuggling , transporting, or harboring of fewer than six persons. Sentences were increased for of offenders because one of the persons smuggled was an unaccompanied minor.

4 An Alien was involuntarily detained through coercion or threat, or in connection with a demand for payment in of Alien Smuggling Offenses . Most Alien Smuggling cases did not involve the use of weapons ( ). Although the majority of Alien Smuggling cases did not involve physical injury ( ), of all Alien Smuggling cases involved the risk of injury. One or more aliens died in of Alien Smuggling cases. Punishment The majority of Alien Smuggling offenders were sentenced to imprisonment ( ). The average sentence length for Alien Smuggling offenders was 18 months. Although some Alien Smuggling Offenses do carry mandatory minimum penalties, most Alien Smuggling offenders were not convicted of an offense carrying a mandatory minimum penalty ( ).

5 OF IMMIGRATION CASES INVOLVED Alien Smuggling . Alien Smuggling Offenses Sentences Relative to the Guideline Range For each of the past five years, the percentage of Alien Smuggling offenders sentenced within the guideline range has fluctuated from in fiscal year 2010 to in fiscal year 2011 and finally to in fiscal year 2014. In of Alien Smuggling cases in fiscal year 2014, offenders received a sentence below the applicable guideline range because the government sponsored the below range sentence. Substantial assistance departures were granted in of cases involving Alien Smuggling . These offenders received an average reduction of more than half ( ) off their sentence.

6 Early Disposition Program (EDP) departures applied in of Alien Smuggling cases. These offenders received an average reduction of in their sentence. The rate of non-government sponsored below range sentences for Alien Smuggling offenders increased from of the cases in fiscal year 2010, rising to in 2011and decreasing to in fiscal year 2014. These offenders received an average reduction of more than half ( ) off their sentence in fiscal year 2014. The average sentence and the average guideline minimum for Alien Smuggling Offenses have remained constant over the last five years. The average sentence was 17 months in fiscal year 2010 and 18 months in fiscal year 2014; The average guideline minimum was 19 months in fiscal year 2010 and 21 months in fiscal year 2014.

7 Relative to the Guideline RangeWithinAboveGov't Spons. BelowOther BelowSubstantial Gov't SponsoredBelow Range SentencesFY 201401020304050FY2010FY2011FY2012FY2013F Y2014 Average Sentence and Average Guideline Minimum (in months)SentenceGuideline Minimum 3 Early Disposition Program (or EDP) departures are departures where the government sought a sentence below the guideline range because the defendant participated in the government s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG SOURCE: United States Sentencing Commission, 2010 through 2014 Datafiles, USSCFY10-USSCFY14. one Columbus Circle, Suite 2-500, South Lobby Washington, DC 20002-8002 T: (202) 502-4500 F: (202) 502-4699 @ For other Quick Facts publications, visit our website at