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Federal drug charges, particularly involving methamphetamine, heroin, fentanyl, and cocaine, are the most common reason Texans end up in federal custody. Unlike state charges, federal drug trafficking carries mandatory minimum sentences based on quantity. Possessing with intent to distribute 500 grams of meth triggers a 10-year mandatory minimum under 21 U.S.C. § 841.

Federal firearms charges include possession of a firearm by a felon (18 U.S.C. § 922(g)), using a firearm during a drug trafficking crime (18 U.S.C. § 924(c)), and illegal firearms trafficking. A §924(c) conviction carries a mandatory 5-year consecutive sentence, it must be served in addition to, not instead of, the sentence for the underlying crime.

Illegal reentry after deportation (8 U.S.C. § 1326) is one of the most prosecuted federal offenses in Texas due to the border. A prior deportation followed by illegal reentry carries up to 2 years federally, but if there is an aggravated felony in the prior history, the exposure rises to 20 years.

Federal wire fraud (18 U.S.C. § 1343) and mail fraud (18 U.S.C. § 1341) cover a wide range of schemes that use electronic communications or the postal system. These charges often arise in financial crime cases, insurance fraud, and pandemic-era fraud prosecutions. Each separate wire or mailing constitutes a separate count, and sentences can stack quickly.

Bank robbery is automatically a federal offense because banks are federally insured institutions. Simple bank robbery under 18 U.S.C. § 2113 carries up to 20 years. If a weapon is used or someone is killed or kidnapped during the robbery, the sentence exposure reaches life imprisonment.

Federal child pornography and trafficking offenses carry some of the longest mandatory minimums in the federal system. Production of child sexual abuse material carries a mandatory 15-year minimum under 18 U.S.C. § 2251. Transportation with intent to engage in criminal sexual activity carries 10 years minimum under 18 U.S.C. § 2423.

The federal government eliminated parole in 1987. Federal inmates must serve at least 85 percent of their sentence, compared to the Texas state system where release at the first parole review is common. This 85% rule makes federal sentences functionally much longer than state sentences for similar crimes.

Federal judges calculate sentences using the U.S. Sentencing Guidelines, a complex point-based system that considers the offense level and the defendant's criminal history. Guidelines produce a range, and while judges can depart from it, most sentences fall within or near the guideline range. There is no equivalent in Texas state court.

Many federal statutes carry mandatory minimums that the judge cannot go below, regardless of circumstances. The most severe mandatory minimums apply to drug quantities, firearms offenses, and child exploitation crimes. Cooperation with the government (substantial assistance) is one of the few ways to get below a mandatory minimum.

Federal prosecutors have substantially more resources than state prosecutors and are highly selective about which cases they bring. The federal conviction rate at trial exceeds 90 percent. Most federal defendants who go to trial are convicted. Federal plea rates are correspondingly high, over 90 percent of federal cases resolve by guilty plea.

Unlike Texas state court where bond is available for most offenses, the federal Bail Reform Act of 1984 allows courts to detain defendants without bail if they are found to be a danger to the community or a flight risk. Federal drug trafficking cases often result in pretrial detention orders.