District Sentencing

Federal districtsFY2018–FY2025

Districts › Second Circuit

Western District of New York

W.D.N.Y. · Second Circuit · New York · other districts in New York

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.

403cases sentenced, FY20253,285 over FY2018–FY2025
42median prison months, FY2018–FY2025national 24
41%within guideline rangenational 47%
54%below range (all reasons)36% government sponsored

§ 1Length of prison terms

20%
4%
10%
9%
13%
23%
11%
4%
3%
1%
1%
median 42 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 (2,958 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 12 and 87 months (interquartile range); the mean is 66 months. 24 cases were recorded at 470 months, the Commission's value for life and for terms of 470 months or more.

§ 2Summary

3,285 sentenced cases from the Western District of New York appear in the Commission's individual offender datafiles for FY2018–FY2025, 403 of them in FY2025.

The largest primary offence types are drug trafficking (41%), firearms (12%) and fraud/theft/embezzlement (11%).

The median prison term across all offence types was 42 months (3 yr 6 mo), longer than the national median of 24 months and longer than the Second Circuit median of 32. 90% of cases carried a prison term; the rest were probation, alternatives or a fine only.

41% of sentences fell within the guideline range (nationally 47%), 36% were below the range on a government motion, 19% were below the range for other reasons and 5% were above the range. Medians and shares describe past cases in aggregate; they are not an estimate for any case.

FY2025 had fewer cases than FY2018 (403 against 503). The median prison term was about the same in FY2025 as in FY2018.

§ 3Position relative to the guideline range

Within guideline range 41%Above range 5%Below range, government sponsored 36%Below range, other 19%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 Second Circuit and the nation

MeasureW.D.N.Y.2d Cir.All districts
Cases per fiscal year4113,03365,553
Share of national caseload0.6%4.6%100%
Median prison months423224
Mean prison months665551
Cases with a prison term90%91%92%
Within guideline range41%30%47%
Above range5%2%3%
Below range, government sponsored36%27%29%
Below range, other19%42%21%
Median final offence level212117
Criminal history category I50%54%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 Trafficking1,33640.7%6030%45%20%
Firearms40812.4%4648%25%13%
Fraud/Theft/Embezzlement35710.9%1243%36%19%
Immigration3249.9%283%7%10%
Child Pornography1835.6%8433%32%34%
Sex Abuse1705.2%18028%39%31%
Robbery1043.2%8542%37%15%
Administration of Justice762.3%843%29%21%
Tax551.7%626%46%29%
Money Launder521.6%2619%67%—
Murder381.2%24037%50%—
Stalking/Harassing310.9%2652%——
Drug Possession240.7%379%——
Other150.5%—87%——
Assault140.4%6——0%
Arson130.4%34———
Commercialized Vice110.3%————
Obscenity/Other Sex Offenses110.3%————
Extortion/Racketeering100.3%———0%
9 other offence types, pooled531.6%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

36
46
37
41
41
46
57
41
’18’19’20’21’22’23’24’25
Median prison months by fiscal year (fiscal years 2018–2025)
49%
39%
43%
39%
32%
37%
42%
42%
’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
FY201850390%3649%31%16%4%
FY201952089%4639%41%18%—
FY202035089%3743%33%19%4%
FY202132290%4139%38%19%4%
FY202241190%4132%39%21%8%
FY202341193%4637%34%22%6%
FY202436590%5742%32%18%7%
FY202540392%4142%37%16%5%

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 I50% · 46%
Category II13% · 15%
Category III15% · 16%
Category IV9% · 9%
Category V6% · 6%
Category VI7% · 9%

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

Type of sentence

Prison only87% · 89%
Prison + conditions3% · 3%
Probation + conditions3% · 2%
Probation only7% · 6%
Fine only0% · 1%

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)1,3096030%
§2K2.1Unlawful receipt, possession or transportation of firearms or ammunition3644045%
§2B1.1Larceny, embezzlement, theft, fraud and deceit3551243%
§2L1.2Unlawfully entering or remaining in the United States225288%
§2G2.2Trafficking in material involving the sexual exploitation of a minor (child pornography)1838433%
§2G2.1Sexually exploiting a minor by production of sexual material12018623%
§2B3.1Robbery1028743%
§2L2.2Fraudulently acquiring documents relating to naturalization or citizenship51288%
§2G1.3Promoting a commercial sex act or prohibited sexual conduct with a minor4212041%
§2S1.1Laundering of monetary instruments4057—
§2T1.1Tax evasion; fraudulent or false returns396—
§2X4.1Misprision of felony32031%

§ 9Questions and answers

What is the median federal sentence in the Western District of New York?

42 months (3 yr 6 mo) across all offence types and 8 fiscal years (FY2018–FY2025), counting only cases with a prison term (90% 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 60 months.

How often are sentences below the guideline range in the Western District of New York?

Over FY2018–FY2025, 36% of sentences were below the guideline range at the government's request (substantial assistance, early disposition or another government-sponsored reason) and 19% were below the range for other reasons. 41% were within the range and 5% above it. Nationally the within-range share is 47%.

How does the Western District of New York compare with the Second Circuit and the nation?

Median prison term: 42 months here, 32 in the Second Circuit, 24 nationally. Within-range share: 41%, 30% 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 Western District of New York changed over time?

FY2025 had fewer cases than FY2018 (403 against 503). The median prison term was about the same in FY2025 as in FY2018. The within-range share fell from 49% in FY2018 to 42% 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 11. Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology · Corrections.