Guidelines Manual, Chapter TwoFY2018–FY2025
§2X3.1
Accessory after the fact · 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 12–60 months; mean 45. 0 cases at the 470-month cap.
§ 2Summary
§2X3.1 (accessory after the fact) was the primary guideline in 646 cases sentenced across 8 fiscal years (FY2018–FY2025), 0.1% of all cases, with 73 in FY2025. The Commission classes most of them as murder.
The median prison term under §2X3.1 was 33 months (2 yr 9 mo) (all cases nationally: 24 months); 86% of cases carried a prison term.
31% of sentences were within the guideline range. Of the rest, 34% were below the range on a government motion, 29% below it for other reasons and 7% above it. The departure and variance table below uses the Commission's nine SENTRNGE categories.
FY2025 had fewer cases than FY2018 (73 against 90). The median prison term was about the same in FY2025 as in FY2018.
§ 3Departures and variances
Within guideline range 31%Above range 7%Below range, government sponsored 34%Below range, other 29%Not determinable 0
| Commission category (SENTRNGE) | Cases | Share | All cases |
|---|---|---|---|
| Within range | 202 | 31.3% | 47.4% |
| Upward departure | <10 | — | 0.5% |
| Above-range variance | 33 | 5.1% | 2.6% |
| §5K1.1 substantial assistance | 118 | 18.3% | 9.5% |
| §5K3.1 early disposition | 0 | 0.0% | 9.2% |
| Government-sponsored departure | 22 | 3.4% | 1.9% |
| Government-sponsored variance | 77 | 11.9% | 8.0% |
| Downward departure | 14 | 2.2% | 2.1% |
| Below-range variance | 171 | 26.5% | 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 | 90 | 77% | 27 | 41% | 21% | 31% | — |
| FY2019 | 88 | — | 36 | 32% | 27% | 36% | — |
| FY2020 | 55 | 82% | 30 | 36% | 42% | 22% | 0% |
| FY2021 | 71 | — | 28 | 24% | 39% | 30% | — |
| FY2022 | 97 | 84% | 30 | 28% | 39% | 24% | — |
| FY2023 | 82 | 88% | 26 | 24% | 34% | 34% | — |
| FY2024 | 90 | — | 48 | 37% | 37% | 21% | — |
| FY2025 | 73 | — | 24 | 27% | 33% | 30% | — |
§ 5Offence types the Commission assigns
| Primary offence type | Cases | Share |
|---|---|---|
| Murder | 131 | 20.3% |
| Drug Trafficking | 125 | 19.3% |
| Robbery | 97 | 15.0% |
| Firearms | 48 | 7.4% |
| Assault | 43 | 6.7% |
| Administration of Justice | 38 | 5.9% |
| Other | 32 | 5.0% |
| Fraud/Theft/Embezzlement | 30 | 4.6% |
| Sex Abuse | 25 | 3.9% |
| Kidnapping | 17 | 2.6% |
| Extortion/Racketeering | 13 | 2.0% |
§ 6Districts with the most cases
| District | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| Southern District of New York S.D.N.Y. | 26 | — | 38 | — | — | 42% |
| Eastern District of Virginia E.D. Va. | 24 | — | 24 | — | — | 46% |
| Eastern District of New York E.D.N.Y. | 22 | — | 30 | — | — | 55% |
| District of Arizona D. Ariz. | 22 | — | 24 | — | — | — |
| Northern District of Oklahoma N.D. Okla. | 20 | — | 48 | — | 50% | — |
| District of South Dakota D.S.D. | 19 | — | 57 | 53% | — | — |
| Southern District of Ohio S.D. Ohio | 16 | — | 48 | — | 69% | — |
| Eastern District of Oklahoma E.D. Okla. | 16 | 100% | 63 | 63% | — | 0% |
| Western District of New York W.D.N.Y. | 15 | — | 47 | — | — | — |
| Southern District of Texas S.D. Tex. | 14 | 100% | 14 | — | — | — |
| Middle District of Tennessee M.D. Tenn. | 14 | 100% | 19 | — | — | — |
| Northern District of Texas N.D. Tex. | 13 | — | 21 | — | — | — |
| Northern District of Illinois N.D. Ill. | 13 | 100% | 18 | — | — | 85% |
| District of North Dakota D.N.D. | 13 | 100% | 21 | — | — | — |
| Western District of Missouri W.D. Mo. | 12 | — | — | — | — | — |
| Western District of Louisiana W.D. La. | 11 | — | 65 | — | — | 0% |
| Western District of Texas W.D. Tex. | 11 | — | — | — | — | — |
| District of Colorado D. Colo. | 11 | — | 18 | — | — | — |
| District of Kansas D. Kan. | 11 | — | — | — | — | 0% |
| District of New Mexico D.N.M. | 11 | — | — | — | — | — |
By circuit
| Circuit | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of Columbia Circuit | <10 | fewer than 10 cases | ||||
| First Circuit | 19 | — | 24 | — | — | — |
| Second Circuit | 77 | — | 36 | 22% | 33% | 42% |
| Third Circuit | 22 | — | 12 | — | 46% | — |
| Fourth Circuit | 67 | — | 24 | 30% | 27% | 37% |
| Fifth Circuit | 74 | 85% | 36 | 47% | 27% | 22% |
| Sixth Circuit | 73 | — | 33 | 23% | 38% | 34% |
| Seventh Circuit | 36 | — | 36 | — | 33% | 44% |
| Eighth Circuit | 79 | — | 30 | 42% | 25% | 20% |
| Ninth Circuit | 68 | — | 23 | 31% | 37% | 25% |
| Tenth Circuit | 83 | 84% | 46 | 30% | 46% | 17% |
| Eleventh Circuit | 45 | 78% | 33 | 33% | 36% | 27% |
§ 7Questions and answers
What is §2X3.1?
Section 2X3.1 of the Guidelines Manual: accessory after the fact. 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 §2X3.1?
The median prison term over FY2018–FY2025 was 33 months (2 yr 9 mo), with the middle half between 12 and 60 months.
How often do sentences under §2X3.1 depart or vary from the range?
69% of sentences were outside the guideline range. Substantial-assistance motions under §5K1.1 accounted for 18% and below-range variances for 27%.
Which districts see the most §2X3.1 cases?
the Southern District of New York (26), the Eastern District of Virginia (24) and the Eastern District of New York (22).
§ 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.