What the Sentencing Commission Found About Young Federal Offenders (2017)

In May 2017, the U.S. Sentencing Commission, the agency that writes the advisory federal sentencing guidelines, released a report on young people in the federal system. It found that people 25 and under made up 18% of everyone sentenced from 2010 to 2015, that most of their crimes were nonviolent, and that they were rearrested more often than older people.

Update (October 2026): Since this report, the Commission has changed how youth is treated. A 2024 amendment to USSG §5H1.1 said a lower sentence may be appropriate when a person was young at the time of the offense (2024 Youthful Individuals Amendment). In November 2025, the Commission removed most departures from the Guidelines Manual, but judges can still weigh age when choosing a sentence under 18 U.S.C. § 3553(a).

Why the report uses age 25

The report defines a "youthful offender" as anyone 25 or younger at sentencing. The Commission chose 25 because case law and brain research suggest people may not reach full reasoning ability until about that age. In the report's words:

"Traditionally, youthful offenders often have been defined as those under the age of 18, but for purposes of this study, the Commission has defined youthful offenders as federal offenders 25 years old or younger at the time of sentencing. The inclusion of young adults in the definition of youthful offenders is informed by recent case law and neuroscience research in which there is a growing recognition that people may not gain full reasoning skills and abilities until they reach age 25 on average."

Key findings (2010 to 2015)

• 86,309 people age 25 or younger were sentenced in federal court. That was 18% of everyone sentenced.
• 57.8% were Hispanic, 86% were male, and 54.5% were U.S. citizens. Less than 3% were Native American or Alaskan Native.
• Only 52 were under 18. (See: Sentencing for Juveniles)
• Almost 92% of their offenses were nonviolent.
• The most common crimes were drug trafficking (30.9%), immigration (28.6%), and firearms (13.7%), followed by fraud and simple drug possession. That pattern closely matched older people. The most common drug was marijuana.
• The average sentence was 34.9 months. Only 5.3% got an alternative to prison.
• When a mandatory minimum applied, the median sentence was 60 months.
• 56.1% were sentenced within the guideline range, compared with 50.1% of older people. About one quarter got a below-range sentence that the government asked for or agreed to.
• About 57% were in Criminal History Category I, the lowest category. 43.1% had no countable criminal history at all. About 13% were in Category II, 16% in Category III, and the rest in Category IV or higher.
• Young people were rearrested at a much higher rate than older people: about 67% versus 41%.

What this means for a young person facing sentencing

If your son or daughter was young at the time of the offense, that fact matters. Defense counsel can present school records, evidence of family circumstances, and signs of growth since the arrest to show the judge why a lower sentence is appropriate under § 3553(a). Start gathering those records early, before the presentence report (PSR) is written.

Read the full report

You can read the full report here: 2017 U.S. Sentencing Commission Federal Youthful Offenders Report. It is also on the Commission's website.

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.