District Sentencing

Guidelines Manual, Chapter TwoFY2018–FY2025

Guidelines

§2G3.1

Importing, mailing or transporting obscene matter · 0% 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.

28cases, FY2025233 over FY2018–FY2025
30median prison monthsall cases 24
37%within guideline rangeall cases 47%
90%cases with a prison termall cases 92%

§ 1Length of prison terms

6%
<10
27%
17%
19%
23%
<10
<10
<10
median 30 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 (209 cases with a prison term; life and terms of 470 months or more counted as life). Grey: all federal cases.

Interquartile range 18–60 months; mean 42. 0 cases at the 470-month cap.

§ 2Summary

§2G3.1 (importing, mailing or transporting obscene matter) was the primary guideline in 233 cases sentenced across 8 fiscal years (FY2018–FY2025), 0% of all cases, with 28 in FY2025. The Commission classes most of them as obscenity/other sex offenses.

The median prison term under §2G3.1 was 30 months (2 yr 6 mo) (all cases nationally: 24 months); 90% of cases carried a prison term.

37% of sentences were within the guideline range. Of the rest, 10% were below the range on a government motion, 19% below it for other reasons and 34% above it. The departure and variance table below uses the Commission's nine SENTRNGE categories.

FY2025 had more cases than FY2018 (28 against 22). The median prison term was about the same in FY2025 as in FY2018.

§ 3Departures and variances

Within guideline range 37%Above range 34%Below range, government sponsored 10%Below range, other 19%Not determinable 0

Commission category (SENTRNGE)CasesShareAll cases
Within range8536.5%47.4%
Upward departure187.7%0.5%
Above-range variance6226.6%2.6%
§5K1.1 substantial assistance<10—9.5%
§5K3.1 early disposition00.0%9.2%
Government-sponsored departure<10—1.9%
Government-sponsored variance208.6%8.0%
Downward departure00.0%2.1%
Below-range variance4418.9%18.8%
Missing or indeterminable0——

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

22
25
21
37
33
41
26
28
’18’19’20’21’22’23’24’25
Cases sentenced under §2G3.1 per fiscal year (fiscal years 2018–2025)
27
26
24
33
46
27
46
27
’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
FY201822—2755%———
FY201925—26————
FY202021—24————
FY202137—3338%——30%
FY202233—46———39%
FY202341—2744%——32%
FY202426100%46——0%50%
FY202528—27———36%

§ 5Offence types the Commission assigns

Primary offence typeCasesShare
Obscenity/Other Sex Offenses233100.0%

§ 6Districts with the most cases

DistrictCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
Northern District of Texas N.D. Tex.27100%2770%0%0%
Western District of Texas W.D. Tex.18—46—0%—
District of Puerto Rico D.P.R.16—29———
Southern District of Texas S.D. Tex.14—27———
Eastern District of Virginia E.D. Va.<10fewer than 10 cases
District of South Dakota D.S.D.<10fewer than 10 cases
District of Montana D. Mont.<10fewer than 10 cases
Eastern District of Missouri E.D. Mo.<10fewer than 10 cases
District of Maine D. Me.<10fewer than 10 cases
Western District of Pennsylvania W.D. Pa.<10fewer than 10 cases
Southern District of Illinois S.D. Ill.<10fewer than 10 cases
Northern District of Oklahoma N.D. Okla.<10fewer than 10 cases
Western District of New York W.D.N.Y.<10fewer than 10 cases
District of South Carolina D.S.C.<10fewer than 10 cases
Western District of Virginia W.D. Va.<10fewer than 10 cases
Eastern District of Texas E.D. Tex.<10fewer than 10 cases
Eastern District of Michigan E.D. Mich.<10fewer than 10 cases
Middle District of Tennessee M.D. Tenn.<10fewer than 10 cases
Eastern District of Wisconsin E.D. Wis.<10fewer than 10 cases
Southern District of Iowa S.D. Iowa<10fewer than 10 cases

By circuit

CircuitCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
District of Columbia Circuit<10fewer than 10 cases
First Circuit26—24———
Second Circuit14—18———
Third Circuit<10fewer than 10 cases
Fourth Circuit18—36———
Fifth Circuit66—2947%——
Sixth Circuit18100%39———
Seventh Circuit14—————
Eighth Circuit28—33———
Ninth Circuit18—42—0%—
Tenth Circuit<10fewer than 10 cases
Eleventh Circuit14—27—0%—

§ 7Questions and answers

What is §2G3.1?

Section 2G3.1 of the Guidelines Manual: importing, mailing or transporting obscene matter. 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 §2G3.1?

The median prison term over FY2018–FY2025 was 30 months (2 yr 6 mo), with the middle half between 18 and 60 months.

How often do sentences under §2G3.1 depart or vary from the range?

64% of sentences were outside the guideline range. Substantial-assistance motions under §5K1.1 accounted for — and below-range variances for 19%.

Which districts see the most §2G3.1 cases?

the Northern District of Texas (27), the Western District of Texas (18) and the District of Puerto Rico (16).

§ 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.