Guidelines Manual, Chapter TwoFY2018–FY2025
§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.
§ 1Length of prison terms
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) | Cases | Share | All cases |
|---|---|---|---|
| Within range | 85 | 36.5% | 47.4% |
| Upward departure | 18 | 7.7% | 0.5% |
| Above-range variance | 62 | 26.6% | 2.6% |
| §5K1.1 substantial assistance | <10 | — | 9.5% |
| §5K3.1 early disposition | 0 | 0.0% | 9.2% |
| Government-sponsored departure | <10 | — | 1.9% |
| Government-sponsored variance | 20 | 8.6% | 8.0% |
| Downward departure | 0 | 0.0% | 2.1% |
| Below-range variance | 44 | 18.9% | 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 | 22 | — | 27 | 55% | — | — | — |
| FY2019 | 25 | — | 26 | — | — | — | — |
| FY2020 | 21 | — | 24 | — | — | — | — |
| FY2021 | 37 | — | 33 | 38% | — | — | 30% |
| FY2022 | 33 | — | 46 | — | — | — | 39% |
| FY2023 | 41 | — | 27 | 44% | — | — | 32% |
| FY2024 | 26 | 100% | 46 | — | — | 0% | 50% |
| FY2025 | 28 | — | 27 | — | — | — | 36% |
§ 5Offence types the Commission assigns
| Primary offence type | Cases | Share |
|---|---|---|
| Obscenity/Other Sex Offenses | 233 | 100.0% |
§ 6Districts with the most cases
| District | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| Northern District of Texas N.D. Tex. | 27 | 100% | 27 | 70% | 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. | <10 | fewer than 10 cases | ||||
| District of South Dakota D.S.D. | <10 | fewer than 10 cases | ||||
| District of Montana D. Mont. | <10 | fewer than 10 cases | ||||
| Eastern District of Missouri E.D. Mo. | <10 | fewer than 10 cases | ||||
| District of Maine D. Me. | <10 | fewer than 10 cases | ||||
| Western District of Pennsylvania W.D. Pa. | <10 | fewer than 10 cases | ||||
| Southern District of Illinois S.D. Ill. | <10 | fewer than 10 cases | ||||
| Northern District of Oklahoma N.D. Okla. | <10 | fewer than 10 cases | ||||
| Western District of New York W.D.N.Y. | <10 | fewer than 10 cases | ||||
| District of South Carolina D.S.C. | <10 | fewer than 10 cases | ||||
| Western District of Virginia W.D. Va. | <10 | fewer than 10 cases | ||||
| Eastern District of Texas E.D. Tex. | <10 | fewer than 10 cases | ||||
| Eastern District of Michigan E.D. Mich. | <10 | fewer than 10 cases | ||||
| Middle District of Tennessee M.D. Tenn. | <10 | fewer than 10 cases | ||||
| Eastern District of Wisconsin E.D. Wis. | <10 | fewer than 10 cases | ||||
| Southern District of Iowa S.D. Iowa | <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 | 26 | — | 24 | — | — | — |
| Second Circuit | 14 | — | 18 | — | — | — |
| Third Circuit | <10 | fewer than 10 cases | ||||
| Fourth Circuit | 18 | — | 36 | — | — | — |
| Fifth Circuit | 66 | — | 29 | 47% | — | — |
| Sixth Circuit | 18 | 100% | 39 | — | — | — |
| Seventh Circuit | 14 | — | — | — | — | — |
| Eighth Circuit | 28 | — | 33 | — | — | — |
| Ninth Circuit | 18 | — | 42 | — | 0% | — |
| Tenth Circuit | <10 | fewer than 10 cases | ||||
| Eleventh Circuit | 14 | — | 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.