District Sentencing

Guidelines Manual, Chapter TwoFY2018–FY2025

Guidelines

§2J1.6

Failure to appear by defendant · 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.

29cases, FY2025229 over FY2018–FY2025
12median prison monthsall cases 24
61%within guideline rangeall cases 47%
—cases with a prison termall cases 92%

§ 1Length of prison terms

10%
28%
43%
10%
5%
<10
median 12 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 (223 cases with a prison term; life and terms of 470 months or more counted as life). Grey: all federal cases.

Interquartile range 8–18 months; mean 16. 0 cases at the 470-month cap.

§ 2Summary

§2J1.6 (failure to appear by defendant) was the primary guideline in 229 cases sentenced across 8 fiscal years (FY2018–FY2025), 0% of all cases, with 29 in FY2025. The Commission classes most of them as administration of justice.

The median prison term under §2J1.6 was 12 months (1 year) (all cases nationally: 24 months); — of cases carried a prison term.

61% of sentences were within the guideline range. Of the rest, 11% were below the range on a government motion, 22% below it for other reasons and 6% above it. The departure and variance table below uses the Commission's nine SENTRNGE categories.

Caseload in FY2025 was about the same as in FY2018. The median prison term was about the same in FY2025 as in FY2018.

§ 3Departures and variances

Within guideline range 61%Above range 6%Below range, government sponsored 11%Below range, other 22%Not determinable 0

Commission category (SENTRNGE)CasesShareAll cases
Within range14061.1%47.4%
Upward departure<10—0.5%
Above-range variance114.8%2.6%
§5K1.1 substantial assistance<10—9.5%
§5K3.1 early disposition<10—9.2%
Government-sponsored departure<10—1.9%
Government-sponsored variance208.7%8.0%
Downward departure<10—2.1%
Below-range variance4218.3%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

30
34
24
24
27
31
30
29
’18’19’20’21’22’23’24’25
Cases sentenced under §2J1.6 per fiscal year (fiscal years 2018–2025)
12
14
15
14
10
12
12
12
’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
FY201830100%1263%———
FY201934100%1462%———
FY202024—1558%0%——
FY202124100%1483%0%——
FY202227100%1056%———
FY202331—1258%———
FY202430—1247%———
FY202529100%1266%———

§ 5Offence types the Commission assigns

Primary offence typeCasesShare
Administration of Justice229100.0%

§ 6Districts with the most cases

DistrictCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
Southern District of Florida S.D. Fla.22100%1355%0%—
Southern District of Texas S.D. Tex.17100%1065%0%—
Southern District of New York S.D.N.Y.12100%8———
District of Arizona D. Ariz.12100%10———
District of South Dakota D.S.D.10100%16———
Eastern District of California E.D. Cal.<10fewer than 10 cases
Eastern District of Michigan E.D. Mich.<10fewer than 10 cases
Eastern District of New York E.D.N.Y.<10fewer than 10 cases
Middle District of North Carolina M.D.N.C.<10fewer than 10 cases
Western District of Texas W.D. Tex.<10fewer than 10 cases
Northern District of California N.D. Cal.<10fewer than 10 cases
District of Nevada D. Nev.<10fewer than 10 cases
Eastern District of Washington E.D. Wash.<10fewer than 10 cases
Western District of Washington W.D. Wash.<10fewer than 10 cases
Western District of North Carolina W.D.N.C.<10fewer than 10 cases
Northern District of Ohio N.D. Ohio<10fewer than 10 cases
Northern District of Illinois N.D. Ill.<10fewer than 10 cases
District of Minnesota D. Minn.<10fewer than 10 cases
District of Idaho D. Idaho<10fewer than 10 cases
Northern District of Alabama N.D. Ala.<10fewer than 10 cases

By circuit

CircuitCasesPrisonMedian monthsWithin rangeBelow, gov.Below, other
District of Columbia Circuit<10fewer than 10 cases
First Circuit<10fewer than 10 cases
Second Circuit22—846%——
Third Circuit<10fewer than 10 cases
Fourth Circuit16100%1788%—0%
Fifth Circuit26—1065%0%—
Sixth Circuit19—1774%——
Seventh Circuit13—14—0%—
Eighth Circuit27100%1659%——
Ninth Circuit53100%1255%23%—
Tenth Circuit<10fewer than 10 cases
Eleventh Circuit35100%1460%0%—

§ 7Questions and answers

What is §2J1.6?

Section 2J1.6 of the Guidelines Manual: failure to appear by defendant. 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 §2J1.6?

The median prison term over FY2018–FY2025 was 12 months (1 year), with the middle half between 8 and 18 months.

How often do sentences under §2J1.6 depart or vary from the range?

39% of sentences were outside the guideline range. Substantial-assistance motions under §5K1.1 accounted for — and below-range variances for 18%.

Which districts see the most §2J1.6 cases?

the Southern District of Florida (22), the Southern District of Texas (17) and the Southern District of New York (12).

§ 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.