§2E1.1 Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations: Federal Sentences, Fiscal Year 2023
In fiscal year 2023, 47 people were sentenced with §2E1.1 as the primary guideline. 39 (83%) received a prison term, 7 (15%) received probation only, and the median prison term was 24 months. 5 people were convicted after a trial.
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In brief: In fiscal year 2023, 47 people were sentenced with §2E1.1 as the primary guideline. 39 (83%) received a prison term, 7 (15%) received probation only, and the median prison term was 24 months. 5 people were convicted after a trial.
This post uses the U.S. Sentencing Commission's records of 47 people sentenced in federal court in fiscal year 2023. 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.
Prison and Probation in Fiscal Year 2023
The U.S. Sentencing Commission counted 47 people in fiscal year 2023 whose primary guideline was §2E1.1. The Guidelines Manual titles it "Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations." The primary guideline is the one that set the offense level for the most serious count.
39 of the 47 (83%) were sentenced to prison, and 7 (15%) received probation only, with no prison or other confinement. Among those sent to prison, the median prison term was 24 months (2 years). A quarter received 48 months or more, and a quarter received 12 months or less.
Trials and Pleas
42 of the 47 people (89%) pleaded guilty. The other 5 were convicted after a trial. Among the guilty pleas, 95% had a written plea agreement and 5% were straight pleas.
The median prison term was 24 months after a guilty plea and 30 months after a trial. The trial figure is based on 5 people who were convicted at trial and sent to prison, so it describes a small group.
Acquittals and dismissals are not in the Commission's data, which covers only people who were convicted and sentenced.
Where the Sentences Fell Against the Range
28% (13 people) were sentenced within the guideline range. 28% (13) were sentenced below the range at the government's request. 40% (19) were sentenced below the range without a government request. 4% (2) were sentenced above the range.
The all-years share within the range for this guideline is 39%, and for all guidelines in fiscal year 2023 it is 42%. The fiscal year 2023 share under §2E1.1 was lower than both.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 56 | 24 months | 100% |
| 2017 | 68 | 24 months | 90% |
| 2018 | 142 | 28 months | 97% |
| 2019 | 62 | 33 months | 97% |
| 2020 | 25 | 30 months | 84% |
| 2021 | 31 | 24 months | 100% |
| 2022 | 48 | 24 months | 100% |
| 2023 | 47 | 24 months | 89% |
| 2024 | 22 | 24 months | 95% |
| 2025 | 10 | 25.5 months | 90% |
Other Details of the Sentences
A mandatory minimum prison term applied to 2 of the 47 people (4%). Supervised release after prison was ordered for 39 (83%), with a median term of 36 months. A fine was ordered for 1 person (2%), and restitution for 5 (11%).
51% of the group were in criminal history category I, the lowest, and 15% were in category VI, the highest. Court-martial records do not have a criminal history field.
Surrounding Years and All Federal Sentences
Fiscal year 2022 had 48 people under this guideline, a median prison term of 24 months, and 33% within the range. Fiscal year 2024 had 22 people, a median prison term of 24 months, and 14% within the range.
From fiscal years 2016 to 2025, 511 people were sentenced under §2E1.1. 90% were sent to prison, the median prison term was 27 months, and 95% pleaded guilty.
Counting every guideline, federal courts sentenced 64,124 people in fiscal year 2023, with a median prison term of 30 months and a 97% guilty plea rate. The Commission's offense type for these 47 cases is Extortion/Racketeering.
Limits of the Data
Fiscal year 2023 began on October 1, 2022 and ended on September 30, 2023. The prison terms above are sentences imposed, not time served. A single year with 47 people does not establish a trend. No close court-martial counterpart for this guideline exists in the approved crosswalk, so the numbers here are federal only.
Nothing in these records describes the facts of a case or explains a court's reasons.
How We Counted
Everyone sentenced in federal court in fiscal year 2023 whose primary sentencing guideline was §2E1.1 (47), U.S. Sentencing Commission individual data files. The primary guideline is the one that set the offense level for the most serious count.
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.
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.
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)
- §2E1.1 Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations: Federal Sentences, FY2016–2025 (overview)
- §2E1.1 Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations: Federal Sentences, Fiscal Year 2022 (previous or next fiscal year)
- §2E1.1 Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations: Federal Sentences, Fiscal Year 2024 (previous or next fiscal year)
- How Often Federal Judges Sentence Outside the Guideline Range
- Mandatory Minimums: How Many Federal Sentences Are Set by Congress
- 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.