The length of time served in federal prison depends on several factors under US sentencing laws. The maximum sentence, minimum sentence, parole eligibility, and sentence reductions for good behavior all impact how much of a federal sentence will ultimately be served. Generally, federal inmates are required to serve at least 85% of their imposed sentence.
Federal judges have considerable discretion in determining sentences based on federal sentencing guidelines and mandatory minimums. While the guidelines provide a framework, judges can depart from the guidelines and impose longer or shorter sentences depending on case circumstances. Mandatory minimums, as the name implies, set an absolute minimum length of sentence for certain crimes.
Determining Length of Federal Sentences
Several key factors influence the actual time spent incarcerated on a federal sentence:
Maximum Sentence
The maximum sentence is the longest prison term that can be imposed for a federal crime. Federal statutes set forth maximum sentences which vary considerably by offense. Judges cannot exceed the statutory maximum even if they want to impose a longer sentence. For example, the maximum sentence for bank robbery under 18 U.S.C. § 2113 is 20 years.
Minimum Sentence
Some federal offenses carry mandatory minimum sentences that set a floor for the length of incarceration. Mandatory minimums commonly apply to drug trafficking, child pornography, and firearm offenses. They constrain judges from going lower than the minimum term prescribed by statute regardless of mitigating factors. For instance, distributing 5+ grams of meth triggers a 5-year mandatory minimum sentence based on federal law.
Sentencing Guidelines
While mandatory minimums establish absolute sentencing floors, federal sentencing guidelines provide recommended sentencing ranges based on the defendant’s criminal history and offense conduct. Established by the United States Sentencing Commission, the guidelines weights various factors to calculate a presumptive sentencing range in months. Judges have discretion to sentence within or outside the guidelines. In fiscal year 2020, judges issued sentences within the guidelines range in just 41.5% of cases.
Sentence Reductions
Federal inmates can reduce their sentences below the imposed term through parole after serving 1/3 of their sentence or by earning good time credits. The availability and calculation method for credits depends on when the offense was committed.
The First Step Act of 2018 recalculated good time credits to allow up to 54 days reduced per year served for sentences imposed after the law’s enactment. Credits are lost if an inmate commits disciplinary infractions in prison.
Supervised Release
Nearly all federal sentences come with supervised release terms that must be served after incarceration. Violating release conditions can result in re-imprisonment. The length cannot exceed 5 years for most crimes and life for certain sexual offenses. While it extends federal oversight, supervised release does not prolong time spent in prison on the original sentence.
Life in Federal Prison
Inmates in the Federal Bureau of Prisons (BOP) have a highly regimented and monotonous lifestyle in prison. The BOP has over 150,000 individuals in custody, many serving lengthy sentences.
Housing
Inmates are housed in different BOP facilities based on security level and medical/programming needs. Low-security prisons feature dormitory-style housing and minimal barriers. Higher security facilities have double-occupancy cells with bars/walls and strict monitoring of movement. The highest security U.S. penitentiaries have highly controlled cell blocks.
Work Assignments
Able-bodied federal inmates have mandatory work assignments, such as food service, laundry, or facility maintenance. Most jobs pay only $5.25 to $12.38 per month. Highly skilled prisoners may work under the UNICOR program earning wages up to $1.25/hour. Refusing to work results in disciplinary action.
Programs
Prison programs provide education, vocational training, and treatment opportunities. Rehabilitative programming focuses on skills for successful reentry into society. Some examples include adult education, financial literacy, anger management, and parenting classes. Eligible inmates can transfer to residential drug abuse treatment or vocational training programs.
Communications
Contact with the outside world is limited. Phone calls are restricted and closely monitored. Visitation availability depends on the facility’s security level. Most correspondence is inspected, except legal communications. Email through approved electronic messaging systems was recently implemented.
Recreation
Every BOP facility has indoor and outdoor recreation options. Activities may include weightlifting, cardio equipment, basketball, and calisthenics. Outdoor tracks or fields enable running and sports. Leisure activities like board games, TV, and crafts help pass time during incarceration.
Serving Federal Sentences for Various Offense Types
The time realistically served on a federal sentence varies based on the type of crime committed. Certain offenses frequently garner long terms of imprisonment. Here are some examples of how much of different typical federal sentences inmates generally serve:
Drug Trafficking
Harsh mandatory minimums require lengthy sentences for drug distribution. Even low-level federal drug couriers often serve over 5 years. With credits, drug traffickers may complete around 85% of imposed terms. A 10-year meth trafficking sentence equates to approximately 8.5 years behind bars. Kingpins running major operations frequently serve multiple decades in prison.
White Collar Crime
Non-violent federal crimes like fraud, bribery, and money laundering may permit probation or home confinement. But large financial frauds produce sentences from several years up to around 10 years. Bernie Madoff was sentenced to 150 years for a massive Ponzi scheme but will serve about 85% of a practical 140-month term under sentencing math formulas.
Firearms Offenses
Possessing a firearm during a violent or drug trafficking crime carries a 5-year mandatory minimum to be served consecutively to the sentence for the underlying offense. Repeat felons possessing firearms or armed career criminals face 15-year to life sentences under the Armed Career Criminal Act. Firearms sentences contribute to longer prison stints.
Sex Crimes
Sentences for federal child pornography, enticement, or sex trafficking crimes range from 5 to 30 years or more. These include substantial mandatory minimums and enhancement penalties for prior sex offenses. Serial predators may serve multiple consecutive sentences. Former USA Gymnastics doctor Larry Nassar was sentenced to a 60-year federal term.
Violent Crimes
Under the federal system, robbery, kidnapping, and assault are less common than drug or white collar cases. But violent federal crimes elicit severe sentences from 10 years to life in many instances. These long terms are compounded if weapons were involved. Inmates serve around 85% of such high-end violent crime sentences.
Notable Examples of Time Served in Federal Prison
Reviewing the sentences actually served by well-known federal inmates provides prime examples of federal parole and good time policies in practice:
| Inmate | Crime | Original Sentence | Time Served | Release Year |
|---|---|---|---|---|
| Bernie Madoff | Ponzi scheme fraud | 150 years | 139 months (85%) | 2020 |
| El Chapo Guzman | Drug trafficking | Life + 30 years | TBD | TBD |
| Walter Forbes | Corporate fraud | 12 years | 102 months (85%) | 2013 |
| Larry Nassar | Sex crimes | 60 years | TBD | TBD |
| Timothy McVeigh | OKC bomber | Death (executed) | 88 months | 2001 |
Bernie Madoff
The infamous Wall Street swindler Bernie Madoff received a symbolic 150-year sentence for a massive Ponzi scheme. However, under federal sentencing formulas, the practical maximum was 140 months. He earned minor good time credits to release after serving 139 months (85%) of the capped sentence.
El Chapo Guzman
Mexican drug lord El Chapo was sentenced to life plus 30 years on expansive drug trafficking and organized crime charges. He was convicted in 2019 and will likely serve at least 85% of the practical life sentence. His actual time incarcerated will extend for decades absent a successful appeal.
Walter Forbes
Former corporate executive Walter Forbes received a 12-year sentence for conspiracy and fraud convictions in 2006. With good time credits, he was released to home confinement after serving about 102 months, which equates to 85% of the imposed sentence.
Larry Nassar
Prolific Olympics gymnastics team molester Larry Nassar is serving a federal 60-year sentence on child pornography and sexual abuse convictions. He will realistically serve about 85% of the 60 years, equivalent to over 50 years in prison.
Timothy McVeigh
Domestic terrorist Timothy McVeigh received the federal death penalty for the 1995 Oklahoma City bombing killing 168 people. After appeals, he was executed in 2001 after serving about 88 months in military and civilian federal custody for his crimes.
How Sentence Reductions Impact Time Served
As these examples illustrate, federal inmates often serve 85% of their imposed sentences after factoring in parole eligibility and good time credits. However, credits do not automatically reduce sentences by 15% for all federal prisoners. Here are some key considerations about how sentence reductions operate:
- Parole was abolished in 1984, but remains available for older offenses. Parole allows release after serving 1/3 of a sentence.
- The First Step Act modified good time calculations for sentences imposed after 2018 to allow up to 54 days annually.
- Credits only apply for time spent in BOP facilities, not prior jail detention.
- Inmates must have good behavior and participate in programs to earn credits.
- Mandatory minimum terms cannot be reduced with credits below the minimum.
- Supervised release time does not reduce the prison term but extends federal oversight.
- Appellate court decisions may alter sentences for procedural errors.
Federal inmates eligible for release on good time are often transferred to halfway houses or home confinement towards sentence end. Ultimately, time served hinges on the interplay between the original sentence and credits earned.
Sentence Served for Specific Federal Crime Examples
To further illustrate time served in the federal system, here are some examples of how much of real sentences were completed based on parole and good time credits:
| Crime | Original Sentence | Time Served | Percentage Served |
|---|---|---|---|
| Bank robbery | 10 years | 8 years, 9 months | ~87% |
| Child pornography | 15 years | 12 years, 9 months | ~85% |
| Wire fraud | 6 years | 5 years, 3 months | ~88% |
| Felon firearm possession | 10 years | 8 years, 9 months | ~87% |
These examples demonstrate that for many federal crimes carrying multi-year sentences, inmates will serve around 85 to 90 percent of the original sentence after reductions. However, sentences over 10 years and certain drug mandatory minimums may require serving nearly the entire term with limited credits.
Conclusion
In summary, federal inmates are generally required to serve at least 85% of an imposed sentence before release due to parole abolition and restricted good time credits. However, judges exercise discretion in determining sentences, which contributes to variability in time served across cases.
Mandatory minimums impose hard sentencing floors that must be served day-for-day for applicable crimes. In the federal system, sentences often equate closely to actual time spent incarcerated due to limited early release opportunities compared to state prisons.
Frequently Asked Questions about Federal Sentences Served
Do federal inmates get released early for good behavior?
Yes, inmates can reduce sentences by earning good time credits, but only by about 15% maximum. Credits require demonstrating good behavior and participating in BOP programs. Release prior to sentence completion also depends on parole eligibility for older sentences.
How much of a 10-year federal sentence is served?
With credits, inmates serve around 85% of a 10-year sentence, or about 8 years and 9 months. Ten years exceeds the threshold where extra credits allow exceeding the 85% minimum. Mandatory minimums may also prevent reductions below 10 years.
Can federal sentences be reduced on appeal?
Appellate courts can lower sentences if procedural errors are found in determining the original sentence. Substantive appeals challenging the conviction itself rarely affect the sentence. Commutation by the President provides another limited avenue for sentence reduction.
Are federal inmates eligible for early release programs?
The federal system has limited early release opportunities compared to states. Residential drug treatment reduces sentences up to one year. Some elderly inmates may obtain compassionate release. But no general early release exists based on prison population caps or good time.
How much of a federal life sentence is served?
Life sentences require incarceration for the remainder of a person’s life. However, fixed-term sentences like “life plus 30 years” will see the life portion rendered as about 360 months. Credits can slightly reduce the plus portion but not the bulk of a life sentence.