District Sentencing

D.N.M. · Fraud/Theft/EmbezzlementFY2018–FY2025

Districts › District of New Mexico

Fraud/Theft/Embezzlement in the District of New Mexico

D.N.M. · Tenth Circuit · Fraud/Theft/Embezzlement nationally

The datafile contains cases reported to the Commission with sentencing documents. Sentence length statistics use the Commission's capped variable (sentences of 470 months or longer, including life, are recorded as 470 months) and exclude sentences of probation or a fine only. Figures are aggregates of past cases and are not a prediction for any case.

20cases, FY2025259 over FY2018–FY2025
6median prison monthsnational, this offence: 20
61%within guideline rangenational 44%
80%cases with a prison termnational 74%

§ 1Length of prison terms

48%
10%
13%
14%
11%
<10
<10
median 6 mo
under 6 mo6–11 mo1–2 yr2–3 yr3–5 yr5–10 yr10–15 yr15–20 yr20–30 yr30 yr+life
Share of cases with a prison term, by length of the term (208 cases with a prison term; life and terms of 470 months or more counted as life). Grey: fraud, theft and embezzlement offences nationally.

Interquartile range 1–24 months; mean 15. 0 cases at the Commission's 470-month cap (life or longer).

§ 2Summary

259 fraud, theft and embezzlement offences were sentenced in the District of New Mexico across 8 fiscal years (FY2018–FY2025), 20 of them in FY2025; that is 1% of the district's caseload.

The median prison term was 6 months, shorter than the national median for fraud, theft and embezzlement offences (20 months) and shorter than the Tenth Circuit median (18). Half of prison terms fell between 1 and 24 months; 80% of cases carried a prison term.

61% of these sentences were within the guideline range (nationally for this offence type: 44%); 21% were below the range on a government motion and 17% below it for other reasons.

FY2025 had fewer cases than FY2018 (20 against 34). The median prison term in FY2025 (8 months) was shorter than in FY2018 (14 months).

These are aggregates of past cases. The guideline range for any case depends on its offence level, criminal history and statutory minimums, and the sentence on the court's findings; no figure here estimates an outcome.

§ 3Position relative to the guideline range

Within guideline range 61%Above range <10Below range, government sponsored 21%Below range, other 17%Not determinable <10

§ 4Compared with the district, the circuit and the nation

MeasureD.N.M., fraud/theft/embezzlementD.N.M., all offences10th Cir., fraud/theft/embezzlementUS, fraud/theft/embezzlement
Cases per fiscal year322,6232445,440
Share of district caseload1.2%100%——
Median prison months641820
Mean prison months1519—28
Cases with a prison term80%99%69%74%
Within guideline range61%58%49%44%
Above range—1%2%3%
Below range, government sponsored21%31%28%25%
Below range, other17%10%21%29%
Median final offence level1010—14

§ 5Trend by fiscal year

34
76
40
20
24
29
16
20
’18’19’20’21’22’23’24’25
Fraud/Theft/Embezzlement cases sentenced per fiscal year (fiscal years 2018–2025)
14
2
3
14
24
12
9
8
’18’19’20’21’22’23’24’25
Median prison months by fiscal year (fiscal years 2018–2025)
Fiscal yearCasesPrisonMedian monthsWithin rangeBelow, gov.Below, otherAbove
FY201834—1452%———
FY201976—279%——0%
FY20204073%358%———
FY202120—14———0%
FY202224—2454%——0%
FY202329—1252%———
FY202416—9———0%
FY202520—858%——0%

§ 6Criminal history

Category I70% · 71%
Category II12% · 9%
Category III8% · 8%
Category IV<10
Category V5% · 3%
Category VI<10

Share of cases at each final criminal history category; grey figure: fraud, theft and embezzlement offences nationally.

§ 7Guidelines applied

Primary guidelines the Commission associates with this offence type, with the district's caseload under each across all offence types.

§ 8Questions and answers

What is the typical sentence for fraud, theft and embezzlement offences in the District of New Mexico?

The median prison term over FY2018–FY2025 was 6 months, with the middle half of terms between 1 and 24 months. 80% of cases carried a prison term. The national median for fraud, theft and embezzlement offences is 20 months.

How often are fraud, theft and embezzlement offences sentenced below the guideline range here?

21% of sentences were below the range on a government motion and 17% below it for other reasons; 61% were within the range. The Commission's categories are explained in the guide to how the guidelines work.

How does this compare with the rest of the country?

Nationally, fraud, theft and embezzlement offences had a median prison term of 20 months and a within-range share of 44% over the same period. The district's figures are below on median term and higher than the national within-range share.

Which guidelines are involved?

The most common primary guidelines for these cases are §2B1.1, §none and §2X3.1.

Is this a prediction for a particular case?

No. The figures are aggregates of sentences already imposed, as recorded by the US Sentencing Commission. They are not legal advice and do not estimate the outcome of any case.

§ 9Other offence types in the District of New Mexico

§ 10Provenance

Source: United States Sentencing Commission, Individual Offender Datafiles, fiscal years 2018–2025 (US government works), aggregated by this site; the FY2025 file is dated 29 Apr 2026. Offence type is the Commission's OFFGUIDE code 16; district is CIRCDIST 80. Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.