Federal Commercialized Vice Sentences in the Western District of New York, FY2016–2025
12 people in the Western District of New York were sentenced under the offense type "Commercialized Vice" in fiscal years 2016 to 2025. 6 of them (50%) received a prison term, and 5 (42%) received probation only. In all 94 federal districts, 70% of people in this offense type were sent to prison.
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In brief: 12 people in the Western District of New York were sentenced under the offense type "Commercialized Vice" in fiscal years 2016 to 2025. 6 of them (50%) received a prison term, and 5 (42%) received probation only. In all 94 federal districts, 70% of people in this offense type were sent to prison.
This post uses the U.S. Sentencing Commission's records of 12 people sentenced in federal court in fiscal years 2016 to 2025. Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Gambling and Commercial Sex Guidelines
The U.S. Sentencing Commission's "Commercialized Vice" category includes the gambling and commercial sex guidelines named below. The most common primary guideline here was §2E3.1 (Gambling Offenses), with 7 people.
The next was §2G1.1 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with an Individual Other than a Minor), with 5 people. These cases were less than 1% of the 4,205 people sentenced in the district in fiscal years 2016 to 2025.
6 of 12 Received a Prison Term
6 of the 12 people (50%) received a prison term, and 5 (42%) received probation only, with no prison or other confinement. The share sent to prison was lower than the 70% across all 94 districts.
Among those sent to prison, the median prison term was 13.5 months. A quarter received 39 months or more, and a quarter received 1.5 months or less. The median across all 94 districts was 18 months. For all offenses in this district, it was 41 months.
Guideline Range Comparison
6 people (50%) were sentenced below the range at the government's request, and 1 (8%) was below it without a request. 5 (42%) were within the range, and none were above it.
The share within the range was 42% in all 94 districts for this offense type, which is the same as here. It was also 42% for all offenses in this district.
Every Person Pleaded Guilty
All 12 people (100%) pleaded guilty, and every plea had a written plea agreement. No one was convicted after a trial. In all 94 districts, 97% of people in this offense type pleaded guilty.
No mandatory minimum prison term applied to anyone in this group (0%).
Supervised Release, Fines, and Restitution
6 people (50%) were ordered to serve supervised release after prison, with a median term of 30 months. A fine was ordered for 3 people (25%), and restitution for 4 (33%).
On criminal history, 75% were in the lowest category, and 0% were in the highest. Court-martial records have no criminal history field.
Small Yearly Counts
Fiscal years 2016 to 2019 had 5 people, and fiscal years 2020 to 2025 had 7 people. The table lists only the years with cases, and each has between 1 and 3 people.
Each median in the table rests on 1 to 3 people, and one year shows no median. These figures are too small to show a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 1 | 0 months | 1 of 1 |
| 2018 | 1 | 21 months | 1 of 1 |
| 2019 | 3 | 31.5 months | 3 of 3 |
| 2023 | 1 | 45 months | 1 of 1 |
| 2024 | 3 | n/a | 3 of 3 |
| 2025 | 3 | 0 months | 3 of 3 |
What the Records Cannot Show
The data counts only people who were convicted and sentenced. Acquittals and dismissals are not in it. The records do not describe the conduct in any case or the reasons for a sentence. Prison terms are the terms imposed, not time served.
How We Counted
Everyone sentenced in federal court in the Western District of New York (U.S. Sentencing Commission district label "New York West") in fiscal years 2016 to 2025 whose offense type was "Commercialized Vice" (12). Offense types are the Commission's OFFGUIDE categories.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Sentences in the Western District of New York, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the Western District of New York, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the Western District of New York, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the Western District of New York, FY2016–2025 (same district, other offense type)
- Federal Immigration Offense Sentences in the Western District of New York, FY2016–2025 (same district, other offense type)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.