District Sentencing

Federal districtsFY2018–FY2025

Districts › Eighth Circuit

District of South Dakota

D.S.D. · Eighth Circuit · South Dakota · other districts in South Dakota

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.

506cases sentenced, FY20254,105 over FY2018–FY2025
38median prison months, FY2018–FY2025national 24
56%within guideline rangenational 47%
40%below range (all reasons)8% government sponsored

§ 1Length of prison terms

14%
6%
14%
12%
12%
15%
15%
5%
5%
2%
1%
median 38 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 (3,878 cases with a prison term; life and terms of 470 months or more counted as life). Grey: all federal cases.

Half of the district's prison terms fell between 14 and 120 months (interquartile range); the mean is 75 months. 38 cases were recorded at 470 months, the Commission's value for life and for terms of 470 months or more.

§ 2Summary

4,105 sentenced cases from the District of South Dakota appear in the Commission's individual offender datafiles for FY2018–FY2025, 506 of them in FY2025.

The largest primary offence types are drug trafficking (28%), firearms (15%) and obscenity/other sex offenses (9%).

The median prison term across all offence types was 38 months (3 yr 2 mo), longer than the national median of 24 months and shorter than the Eighth Circuit median of 60. 95% of cases carried a prison term; the rest were probation, alternatives or a fine only.

56% of sentences fell within the guideline range (nationally 47%), 8% were below the range on a government motion, 32% were below the range for other reasons and 4% were above the range. Medians and shares describe past cases in aggregate; they are not an estimate for any case.

Caseload in FY2025 was about the same as in FY2018. The median prison term in FY2025 (42 months) was longer than in FY2018 (27 months).

§ 3Position relative to the guideline range

Within guideline range 56%Above range 4%Below range, government sponsored 8%Below range, other 32%Not determinable <10

Shares exclude cases whose range status the Commission records as missing or indeterminable. "Government sponsored" covers §5K1.1 substantial-assistance motions, §5K3.1 early-disposition programmes and other departures or variances the government requested.

§ 4Compared with the Eighth Circuit and the nation

MeasureD.S.D.8th Cir.All districts
Cases per fiscal year5134,90765,553
Share of national caseload0.8%7.5%100%
Median prison months386024
Mean prison months758051
Cases with a prison term95%93%92%
Within guideline range56%43%47%
Above range4%5%3%
Below range, government sponsored8%24%29%
Below range, other32%27%21%
Median final offence level192117
Criminal history category I39%33%46%

Medians are of cases with a prison term. Differences between districts largely reflect the mix of offence types and statutory minimums; the offence pages below compare like with like.

§ 5Offence mix

Primary offence typeCasesShareMedian monthsWithin rangeBelow, gov.Below, other
Drug Trafficking1,13427.6%12054%6%38%
Firearms60114.6%3052%8%38%
Obscenity/Other Sex Offenses3709.0%1836%8%55%
Sex Abuse3227.8%12063%12%21%
Assault3177.7%3055%7%24%
Fraud/Theft/Embezzlement2726.6%1266%12%17%
Immigration2536.2%380%—16%
Child Pornography1694.1%6341%11%37%
Administration of Justice1623.9%954%7%34%
Manslaughter852.1%6047%—19%
Prison Offenses751.8%868%—24%
Robbery591.4%9666%—22%
Other431.0%1395%0%—
Murder421.0%30057%——
Money Launder391.0%16849%—46%
Stalking/Harassing370.9%3360%—32%
Burglary/Trespass360.9%1456%—33%
Environmental270.7%—65%——
Drug Possession140.3%—93%0%0%
Arson100.2%34—0%—
Forgery/Counter/Copyright100.2%————
Kidnapping100.2%310—0%—
Tax100.2%——0%—
3 other offence types, pooled<10—fewer than 10 cases each

Linked offence types have a district page (at least 30 cases in 2021–2025); others link to the national offence page. Offence types with fewer than 10 cases are pooled.

§ 6Trend by fiscal year

27
41
34
40
46
46
48
42
’18’19’20’21’22’23’24’25
Median prison months by fiscal year (fiscal years 2018–2025)
60%
63%
60%
50%
55%
52%
52%
55%
’18’19’20’21’22’23’24’25
Share of sentences within the guideline range (fiscal years 2018–2025)
Fiscal yearCasesPrisonMedian monthsWithin rangeBelow, gov.Below, otherAbove
FY201848292%2760%8%27%5%
FY201950993%4163%6%28%4%
FY202049791%3460%7%30%3%
FY202146694%4050%5%42%3%
FY202255896%4655%8%33%5%
FY202351296%4652%9%36%4%
FY202457597%4852%10%34%5%
FY202550697%4255%9%28%7%

Each fiscal year links to a table of the district's offence types for that year.

§ 7Criminal history and type of sentence

Criminal history category

Category I39% · 46%
Category II13% · 15%
Category III16% · 16%
Category IV12% · 9%
Category V10% · 6%
Category VI11% · 9%

Share of cases at each final criminal history category (I is the lowest); grey figure: national share.

Type of sentence

Prison only90% · 89%
Prison + conditions4% · 3%
Probation + conditions1% · 2%
Probation only5% · 6%
Fine only<10

The Commission's sentence-type classification; grey figure: national share.

§ 8Most common primary guidelines

GuidelineSubjectCasesMedian monthsWithin range
§2D1.1Unlawful manufacturing, importing, exporting, trafficking or possession with intent (drugs)1,12712054%
§2K2.1Unlawful receipt, possession or transportation of firearms or ammunition5883051%
§2A3.5Failure to register as a sex offender3611835%
§2B1.1Larceny, embezzlement, theft, fraud and deceit2651265%
§2A2.2Aggravated assault2473753%
§2L1.2Unlawfully entering or remaining in the United States211377%
§2G2.2Trafficking in material involving the sexual exploitation of a minor (child pornography)1696341%
§2A3.1Criminal sexual abuse12413857%
§2A2.4Obstructing or impeding officers111856%
§2P1.1Escape, instigating or assisting escape72867%
§2A2.362963%
§2G1.3Promoting a commercial sex act or prohibited sexual conduct with a minor6112074%

§ 9Questions and answers

What is the median federal sentence in the District of South Dakota?

38 months (3 yr 2 mo) across all offence types and 8 fiscal years (FY2018–FY2025), counting only cases with a prison term (95% of cases). The national median over the same period is 24 months. Medians differ by offence type far more than by district: for drug trafficking, the district's largest category, the median is 120 months.

How often are sentences below the guideline range in the District of South Dakota?

Over FY2018–FY2025, 8% of sentences were below the guideline range at the government's request (substantial assistance, early disposition or another government-sponsored reason) and 32% were below the range for other reasons. 56% were within the range and 4% above it. Nationally the within-range share is 47%.

How does the District of South Dakota compare with the Eighth Circuit and the nation?

Median prison term: 38 months here, 60 in the Eighth Circuit, 24 nationally. Within-range share: 56%, 43% and 47%. The mix of offence types drives much of the difference; the district × offence pages compare like with like.

How has sentencing in the District of South Dakota changed over time?

Caseload in FY2025 was about the same as in FY2018. The median prison term in FY2025 (42 months) was longer than in FY2018 (27 months). The within-range share fell from 60% in FY2018 to 55% in FY2025.

Where do these figures come from?

The US Sentencing Commission's individual offender datafiles for FY2018–FY2025, one file per fiscal year, aggregated by district. Cases are those reported to the Commission with sentencing documents; counts under 10 are hidden. Nothing on this site identifies a case, a sentenced person or a judge.

§ 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. District identified by the Commission's CIRCDIST code 62. Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology · Corrections.