Guidelines Manual, Chapter TwoFY2018–FY2025
§2B5.3
Criminal infringement of copyright or trademark · 0.1% of federal cases · Guidelines Manual
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.
§ 1Length of prison terms
Interquartile range 2–24 months; mean 18. 0 cases at the 470-month cap.
§ 2Summary
§2B5.3 (criminal infringement of copyright or trademark) was the primary guideline in 333 cases sentenced across 8 fiscal years (FY2018–FY2025), 0.1% of all cases, with 40 in FY2025. The Commission classes most of them as forgery/counter/copyright.
The median prison term under §2B5.3 was 12 months (1 year) (all cases nationally: 24 months); 60% of cases carried a prison term.
18% of sentences were within the guideline range. Of the rest, 39% were below the range on a government motion, 43% below it for other reasons and — above it. The departure and variance table below uses the Commission's nine SENTRNGE categories.
FY2025 had fewer cases than FY2018 (40 against 70). The median prison term was about the same in FY2025 as in FY2018.
§ 3Departures and variances
Within guideline range 18%Above range <10Below range, government sponsored 39%Below range, other 43%Not determinable 0
| Commission category (SENTRNGE) | Cases | Share | All cases |
|---|---|---|---|
| Within range | 60 | 18.0% | 47.4% |
| Upward departure | 0 | 0.0% | 0.5% |
| Above-range variance | <10 | — | 2.6% |
| §5K1.1 substantial assistance | 55 | 16.5% | 9.5% |
| §5K3.1 early disposition | 0 | 0.0% | 9.2% |
| Government-sponsored departure | 15 | 4.5% | 1.9% |
| Government-sponsored variance | 59 | 17.7% | 8.0% |
| Downward departure | <10 | — | 2.1% |
| Below-range variance | 139 | 41.7% | 18.8% |
| Missing or indeterminable | 0 | — | — |
Shares are of cases with a determinable range status. Departures cite a provision of the Guidelines Manual; variances rest on the statutory sentencing factors (18 U.S.C. §3553(a)) after United States v. Booker.
§ 4Cases by fiscal year
| Fiscal year | Cases | Prison | Median months | Within range | Below, gov. | Below, other | Above |
|---|---|---|---|---|---|---|---|
| FY2018 | 70 | 43% | 12 | — | 41% | 47% | 0% |
| FY2019 | 47 | 55% | 12 | 26% | 43% | 32% | 0% |
| FY2020 | 37 | — | 10 | — | 43% | 41% | — |
| FY2021 | 36 | 61% | 12 | — | — | 64% | 0% |
| FY2022 | 24 | — | 4 | — | 42% | 46% | 0% |
| FY2023 | 44 | 59% | 24 | 23% | 41% | 36% | 0% |
| FY2024 | 35 | — | 12 | — | 60% | — | 0% |
| FY2025 | 40 | 63% | 12 | 25% | — | 53% | 0% |
§ 5Offence types the Commission assigns
| Primary offence type | Cases | Share |
|---|---|---|
| Forgery/Counter/Copyright | 333 | 100.0% |
§ 6Districts with the most cases
| District | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| Eastern District of New York E.D.N.Y. | 35 | — | 3 | — | 40% | 49% |
| Southern District of New York S.D.N.Y. | 18 | — | 12 | 0% | — | 72% |
| Middle District of Florida M.D. Fla. | 18 | — | — | — | — | — |
| Eastern District of Pennsylvania E.D. Pa. | 15 | — | 10 | — | — | — |
| District of South Carolina D.S.C. | 15 | — | 12 | — | — | — |
| District of New Jersey D.N.J. | 14 | — | 15 | — | — | — |
| Southern District of California S.D. Cal. | 13 | — | 17 | 0% | 85% | — |
| Southern District of Texas S.D. Tex. | 12 | — | 9 | — | — | — |
| Western District of Texas W.D. Tex. | 12 | — | — | — | — | — |
| Western District of Missouri W.D. Mo. | 11 | — | — | — | — | — |
| Central District of California C.D. Cal. | 10 | — | — | — | — | — |
| Northern District of Georgia N.D. Ga. | <10 | fewer than 10 cases | ||||
| Eastern District of Texas E.D. Tex. | <10 | fewer than 10 cases | ||||
| District of Nevada D. Nev. | <10 | fewer than 10 cases | ||||
| District of Oregon D. Or. | <10 | fewer than 10 cases | ||||
| Western District of New York W.D.N.Y. | <10 | fewer than 10 cases | ||||
| Northern District of Texas N.D. Tex. | <10 | fewer than 10 cases | ||||
| District of Idaho D. Idaho | <10 | fewer than 10 cases | ||||
| Southern District of Florida S.D. Fla. | <10 | fewer than 10 cases | ||||
| District of Columbia D.D.C. | <10 | fewer than 10 cases | ||||
By circuit
| Circuit | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of Columbia Circuit | <10 | fewer than 10 cases | ||||
| First Circuit | 10 | — | — | — | — | — |
| Second Circuit | 63 | 78% | 6 | — | 37% | 56% |
| Third Circuit | 38 | 74% | 12 | — | 40% | 40% |
| Fourth Circuit | 24 | — | 12 | — | — | 46% |
| Fifth Circuit | 41 | 59% | 36 | 37% | 34% | 29% |
| Sixth Circuit | 16 | — | 21 | — | — | — |
| Seventh Circuit | <10 | fewer than 10 cases | ||||
| Eighth Circuit | 17 | — | — | — | — | — |
| Ninth Circuit | 64 | 59% | 14 | — | 47% | 39% |
| Tenth Circuit | 14 | — | — | — | — | — |
| Eleventh Circuit | 36 | 33% | 9 | — | 44% | 44% |
§ 7Questions and answers
What is §2B5.3?
Section 2B5.3 of the Guidelines Manual: criminal infringement of copyright or trademark. On this site a case is counted under a guideline when the Commission records it as the primary guideline (GDLINEHI) applied at sentencing.
What is the typical sentence under §2B5.3?
The median prison term over FY2018–FY2025 was 12 months (1 year), with the middle half between 2 and 24 months.
How often do sentences under §2B5.3 depart or vary from the range?
82% of sentences were outside the guideline range. Substantial-assistance motions under §5K1.1 accounted for 17% and below-range variances for 42%.
Which districts see the most §2B5.3 cases?
the Eastern District of New York (35), the Southern District of New York (18) and the Middle District of Florida (18).
§ 8Provenance
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. Guideline is the Commission's GDLINEHI field (primary guideline applied). Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.