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# Federal Fentanyl Trafficking Sentences, Fiscal Year 2021
- URL: https://www.bodiesburied.com/trends/federal-fentanyl-trafficking-sentences-fy2021/
- Published: 2026-11-03T06:11:53.000Z
- Updated: 2026-11-03T06:11:53.000Z
- Description: In fiscal year 2021, 1,648 people were sentenced in federal court for trafficking where fentanyl was the primary drug. The median prison term for those sent to prison was 48 months (4 years). That median was lower than the 60 months for all drug trafficking cases that year and lower than the 60 mont
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Drug Distribution and Importation](https://www.bodiesburied.com/trends/federal-drug-distribution-importation-vs-article-112a/) › Fentanyl: FY2021

**In brief:** In fiscal year 2021, 1,648 people were sentenced in federal court for trafficking where fentanyl was the primary drug. The median prison term for those sent to prison was 48 months (4 years). That median was lower than the 60 months for all drug trafficking cases that year and lower than the 60 months for fentanyl across fiscal years 2016 to 2025.

Updated November 3, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025

This post uses the U.S. Sentencing Commission's records of 1,648 people sentenced in federal court in fiscal year 2021\. 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](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/).

## Who Is Counted in This Post

The count comes from the U.S. Sentencing Commission. It includes people sentenced under guideline §2D1.1, the main drug trafficking guideline, when the Commission listed fentanyl as the primary drug in the case.

The Commission records only people who were convicted and sentenced. A person who was acquitted, or whose case was dismissed, is not in these numbers. Fiscal year 2021 began on October 1, 2020, and ended on September 30, 2021.

With 1,648 people, fiscal year 2021 had the smallest fentanyl group of any fiscal year in the table. Each later year had more people sentenced.

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2021        | 1,648            | 48 months     | 99%            |
| 2022        | 2,501            | 57 months     | 98%            |
| 2023        | 3,338            | 60 months     | 98%            |
| 2024        | 3,963            | 60 months     | 98%            |
| 2025        | 3,878            | 65 months     | 98%            |

## How Long Were the Prison Terms?

Of the 1,648 people, 1,585 (96%) received a prison term. Another 52 (3%) received probation only, with no prison or other confinement.

For those sent to prison, the median was 48 months. The median is the middle term when all the terms are listed in order. A quarter received 84 months or more, and a quarter received 24 months or less.

2 people received a life sentence.

## Mandatory Minimum Terms

A mandatory minimum prison term applied to 1,049 people (64%). A mandatory minimum is a floor set by statute that a judge generally cannot go below.

For every drug sentenced under §2D1.1 in fiscal year 2021, the mandatory minimum share was 71%. For fentanyl across fiscal years 2016 to 2025, it was 55%. The fiscal year 2021 fentanyl share was lower than the all-drug share for that year and higher than the fentanyl share for all years combined.

## Guilty Pleas and Trials

Nearly every case ended with a guilty plea: 1,625 of 1,648 (99%). Only 23 people were convicted after a trial.

Among the guilty pleas, 91% had a written plea agreement. The other 9% were straight pleas, entered with no agreement.

The median prison term after a guilty plea was 48 months. After a trial, it was 225 months. The trial median is based on 22 people who were convicted at trial and sent to prison, so it rests on a small group. Trial cases can differ from plea cases in ways the records do not show.

## Sentences Measured Against the Guideline Range

The guideline range is the sentencing range the federal guidelines call for in a given case. The records show where the sentence fell for 1,647 people.

The largest group, 44% (731), received a sentence below the range at the government's request. Within the range accounted for 27% (443). Below the range without a government request accounted for 25% (407). Above the range accounted for 4% (66).

## Supervised Release, Money Penalties, and Criminal History

Supervised release after prison was ordered for 1,559 people (95%). The median term of supervised release was 36 months.

A fine was ordered for 51 people (3%). Restitution was ordered for 44 (3%).

On criminal history, 42% were in category I, the lowest, and 14% were in category VI, the highest.

## Limits of the Fiscal Year 2021 Numbers

These figures describe sentences only. They do not show what happened to cases that ended without a conviction.

There is no military comparison here. Court-martial records do not list drug type in a way that can be counted, and they have no criminal history field. Military drug distribution cases are covered in separate posts.

The records also do not explain any single sentence, the terms of a plea agreement, or the reasons behind a government request for a lower sentence.

### How We Counted

People sentenced in fiscal year 2021 whose primary guideline was §2D1.1 and whose primary drug type was fentanyl (1,648), U.S. Sentencing Commission.

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.

**Mandatory minimum sentences.** Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge.

**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](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article)
- [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts)
- [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method)
- [Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-distribution-importation-vs-article-112a/) (overview)
- [Federal Fentanyl Trafficking Sentences, Fiscal Year 2022](https://www.bodiesburied.com/trends/federal-fentanyl-trafficking-sentences-fy2022/) (previous or next year)
- [Federal Methamphetamine Trafficking Sentences, Fiscal Year 2021](https://www.bodiesburied.com/trends/federal-methamphetamine-trafficking-sentences-fy2021/) (same year, other drug)
- [Federal Powder Cocaine Trafficking Sentences, Fiscal Year 2021](https://www.bodiesburied.com/trends/federal-powder-cocaine-trafficking-sentences-fy2021/) (same year, other drug)
- [Federal Heroin Trafficking Sentences, Fiscal Year 2021](https://www.bodiesburied.com/trends/federal-heroin-trafficking-sentences-fy2021/) (same year, other drug)
- [Federal Marijuana Trafficking Sentences, Fiscal Year 2021](https://www.bodiesburied.com/trends/federal-marijuana-trafficking-sentences-fy2021/) (same year, other drug)
- [Federal Crack Cocaine Trafficking Sentences, Fiscal Year 2021](https://www.bodiesburied.com/trends/federal-crack-cocaine-trafficking-sentences-fy2021/) (same year, other drug)
- [Federal Other Drug Trafficking Sentences, Fiscal Year 2021](https://www.bodiesburied.com/trends/federal-other-drug-trafficking-sentences-fy2021/) (same year, other drug)
- [Drug Distribution Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far](https://www.bodiesburied.com/trends/federal-drug-distribution-2023-sentencing-reform-so-far/)
- [Drug Distribution Charges: How Often Federal Trials and Courts-Martial End in Acquittal](https://www.bodiesburied.com/trends/federal-drug-distribution-acquittal-rate-vs-courts-martial/)
- [§2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses): Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2d1-1-unlawful-manufacturing-importing-exporting-or-trafficking-including/) (court-martial data)
- [Army Article 112a Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-112a-trend-2021-2025/) (court-martial data)
- [Are Air Force Drug Courts-Martial Disappearing? Article 112a, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-112a-trend-2016-2025/) (court-martial data)
- [Is Navy-Marine Corps Drug Prosecution Rising or Falling? Article 112a, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-trend-2017-2025/) (court-martial data)
- [Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-112a-courts-martial/) (court-martial data)
- [Article 112a UCMJ Drug Offenses and Positive Urinalysis](https://www.ucmj-defender.com/ucmj/article-112a-drug-offenses/?ref=bodiesburied.com) (law firm reference page)
- [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source)
- [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.