Other · National · FY2015–FY2024

Commercialized Vice

How U.S. federal courts sentence commercialized vice cases, typical sentence length, guideline range and compliance, and the districts that depart most, from USSC case-level data.

28.4
Avg months FY2024
well below the national average
70
Federal cases
51%
Within guidelines
typical guideline adherence
89%
Guilty plea

According to the U.S. Sentencing Commission (USSC), 70 federal defendants were sentenced for commercialized vice in FY2024, at an average of 28.4 months. Every figure on this page is computed from the USSC's case-level Individual Offender Datafiles; see our methodology for how each is derived.

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The verdict

Nationwide, Commercialized Vice drew an average federal sentence of 28.4 months across 70 cases in FY2024, with 51% sentenced inside the guideline range.

28 mo
Average sentence, FY2024
18–23 mo
Typical guideline range
51%
Within guideline range
89%
Resolved by guilty plea
For educational and research purposes only. This page summarizes historical USSC sentencing statistics, not a prediction for any individual case, sentencing depends on many case-specific factors. Consult a licensed criminal defense attorney for guidance on a specific matter.

National Trends (FY2015–FY2024)

15 mo20 mo25 mo30 mo35 mo FY18FY19FY20FY21FY22FY23FY24 28.4 mo20.6 mo Guideline midpointAvg sentence
Average imposed sentence for Commercialized Vice versus the average guideline midpoint, FY2015–FY2024 (USSC). Where the sentence line sits below the guideline line, judges are sentencing under the recommended range.
YearCasesAvg (mo)GL MinGL MaxWithin GLAbove GLBelow GL
FY2024 70 28.4 18.3 22.8 51% 16% 33%
FY2023 84 23.7 18.9 24.9 25% 22% 53%
FY2022 71 32.8 21.7 27.9 47% 18% 35%
FY2021 114 22.9 17.1 21.2 52% 5% 43%
FY2020 53 24.7 21.2 27.9 38% 12% 50%
FY2019 88 27.8 22.2 28.6 39% 22% 39%
FY2018 145 22.8 17.2 22.5 32% 19% 48%

Guidelines Compliance (FY2024)

Within Guidelines 51%
25 cases
Above Guidelines 16%
8 cases
Below Guidelines 33%
16 cases

About This Offense

Commercialized Vice is categorized under Other in the USSC guidelines. Sentencing ranges depend on the specific offense level, criminal history category, and applicable adjustments.

Where commercialized vice sentences sit among all federal sentences (FY2024)

Each bar counts imposed federal prison terms in that length band; the marker is this offense's average.

28 49th percentile longer than 49% of 56,311 federal sentences

0–24: 23,918 federal sentences (42%). Below this entry. 24–48: 10,716 federal sentences (19%). This entry sits in this band. 48–72: 6,727 federal sentences (12%). Above this entry. 72–96: 3,723 federal sentences (7%). Above this entry. 96–120: 2,061 federal sentences (4%). Above this entry. 120–144: 3,392 federal sentences (6%). Above this entry. 144–168: 1,193 federal sentences (2%). Above this entry. 168–192: 1,570 federal sentences (3%). Above this entry. 192–216: 595 federal sentences (1%). Above this entry. 216–240: 355 federal sentences (1%). Above this entry. 240–264: 655 federal sentences (1%). Above this entry. 264–288: 139 federal sentences (0%). Above this entry. 288–312: 335 federal sentences (1%). Above this entry. 312–336: 128 federal sentences (0%). Above this entry. 336–360: 40 federal sentences (0%). Above this entry. 360–384: 764 federal sentences (1%). Above this entry. This offense 0 384 every imposed federal sentence, bucketed by value

Each bar is a band; taller bars hold more federal sentences. The dashed line + filled bar mark this entry. Hover or tap any bar for its full count, share, and where it sits relative to this entry.

Source U.S. Sentencing Commission, Individual Offender Datafiles · FY2024

Commercialized Vice - Top District Disparities (FY2024)

New Mexico200.9Kansas111.3Eastern Virginia56.7Eastern Arkansas18.5Northern Illinois16.2Eastern North Carolina5.6Southern Texas3.9Eastern Texas2.1
Commercialized Vice - Top District Disparities (FY2024) - Deviation from national average sentence for this offense

District Comparison (FY2024)

Average sentences for Commercialized Vice by district. These averages still reflect case-specific factors within the offense category - criminal history, quantity or aggravating circumstances, and cooperation with prosecutors - not judicial character. Districts with fewer than 5 cases excluded.

DistrictCasesAvg (mo)vs. National
New Mexico 5
85.5
+200.9%
Kansas 1
60.0
+111.3%
Eastern Virginia 2
44.5
+56.7%
Eastern Arkansas 3
33.7
+18.5%
Northern Illinois 1
33.0
+16.2%
Eastern North Carolina 7
30.0
+5.6%
Southern Texas 2
29.5
+3.9%
Eastern Texas 1
29.0
+2.1%
Utah 3
27.0
-4.9%
Western Washington 1
27.0
-4.9%
Montana 1
24.0
-15.5%
Southern Mississippi 5
23.0
-19.0%
Arizona 1
22.0
-22.5%
Minnesota 1
21.0
-26.1%
Western Arkansas 2
19.0
-33.1%
Western North Carolina 8
15.0
-47.3%
Northern Texas 3
15.0
-47.2%
Northern Ohio 1
9.0
-68.3%
Western Texas 5
8.2
-71.1%
Southern New York 1
1.8
-93.5%

What the Commercialized Vice Sentencing Data Shows

Across all federal district courts in FY2024, Commercialized Vice offenses produced 70 sentenced cases with a national average imposed sentence of 28.4 months. The applicable guideline range for these cases averaged 18.3 months at the low end and 22.8 months at the high end, placing the actual mean sentence above the average guideline window. This offense category is classified by the USSC under Other.

Guideline compliance for Commercialized Vice broke down as follows in FY2024: 51% of sentences landed within the prescribed range, 16% were above-guideline (upward departures or variances), and 33% were below-guideline. Guilty pleas resolved 89% of cases, a metric that reflects how few federal defendants in this offense category proceed to trial. Below-guideline sentences are typically the result of either government-sponsored departures (such as substantial assistance under USSG §5K1.1) or judge-initiated variances under 18 U.S.C. § 3553(a), a framework formalized after United States v. Booker (2005).

District-level variation is the key signal beneath these national numbers: across the 20 districts with at least 5 cases in FY2024, the district comparison table above shows how average sentences for Commercialized Vice diverge from the national benchmark. Because individual sentencing outcomes depend on the defendant's criminal history category, offense-level adjustments, the specific statutes of conviction, and any cooperation, these aggregate figures describe patterns, not predictions for any single case. This data is presented for research and educational purposes only and is not legal advice.

Nearby Offenses in the Other Category

Related federal offenses with the same USSC classification. Compare sentencing patterns across similar crimes.

Source: United States Sentencing Commission (USSC), Individual Offender Datafiles, FY2015–FY2024.

Source: USSC Commission Datafiles · How we compute these metrics

Frequently Asked Questions

What is the average federal sentence for Commercialized Vice?
In FY2024, the national average federal sentence for Commercialized Vice was 28.4 months, based on 70 cases. Actual sentences vary by district, criminal history, and specific offense characteristics.
How often do Commercialized Vice sentences follow the guidelines?
In FY2024, 51% of Commercialized Vice sentences fell within the federal guidelines range. 16% received above-guideline sentences (upward departures) and 33% received below-guideline sentences (downward departures).
Which districts have the highest average sentences for Commercialized Vice?
Average sentences for Commercialized Vice vary by federal district. The district comparison table on this page shows the top 20 districts with the highest average sentences, along with each district's deviation from the national average. These averages still reflect case-specific factors within the offense category - criminal history, quantity or aggravating circumstances, and cooperation with prosecutors - not judicial character. Districts with fewer than 5 cases are excluded for statistical reliability.
What are the federal sentencing guidelines for Commercialized Vice?
The U.S. Sentencing Commission sets guideline ranges based on offense level and criminal history category. For Commercialized Vice, the guidelines provide a recommended sentencing range, but after United States v. Booker (2005), judges may depart from these ranges citing 18 U.S.C. § 3553(a) factors.
Where does the Commercialized Vice sentencing data come from?
All sentencing data comes from the United States Sentencing Commission (USSC) Individual Offender Datafiles, covering fiscal years 2015 through 2024. The USSC collects case-level data from all federal courts nationwide, providing the most comprehensive view of federal sentencing outcomes.
What is the difference between a departure and a variance?
A departure is a sentence outside the guideline range based on factors the guidelines themselves authorize (e.g., substantial assistance). A variance is imposed under 18 U.S.C. § 3553(a), where the judge finds the guidelines range itself is inappropriate. Both result in above- or below-guideline sentences.

What the Commercialized Vice data shows

In FY2024, 70 federal defendants were sentenced for commercialized vice, with an average sentence of 28.4 months -- 29.3 months below the national average across all offenses.

  • 51% of commercialized vice sentences in FY2024 fell within the guideline range, with 33% below (downward departures or variances, often for cooperation). The below-range rate reflects how frequently prosecutors offer departure motions for substantial assistance. How the guidelines work
  • The highest-average district for commercialized vice in FY2024 was New Mexico, averaging 85.5 months -- 57.1 months above the national average. Case-specific factors within this offense (criminal history, quantity or aggravating circumstances, cooperation) drive that gap as much as any district-level pattern; the comparison below shows the full spread. New Mexico data
  • The average sentence for commercialized vice has risen 5.6 months since FY2018 (FY2018: 22.8 mo; FY2024: 28.4 mo). The trend chart above compares actual sentences against the guideline midpoint each year. Post-Booker sentencing trends

Descriptive USSC aggregates, not legal advice; individual sentences depend on case-specific facts.

Cite this page

Free to cite and reference with attribution. Figures update automatically as new data is published, compiled from the public-domain USSC datafiles.

PlainSentencing. (FY2024). Commercialized Vice - Federal Sentencing Data. PlainSentencing. Retrieved from https://plainsentencing.com/offense/commercialized-vice/. Data from the U.S. Sentencing Commission (USSC) Individual Offender Datafiles; public domain (CC0).