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# Federal Burglary and Trespass Sentences in the District of Montana, FY2016–2025
- URL: https://www.bodiesburied.com/trends/federal-burglary-trespass-sentences-district-of-montana/
- Published: 2026-11-04T11:08:41.000Z
- Updated: 2026-11-04T11:08:41.000Z
- Description: Only 3 of the 13 people sentenced for burglary or trespass in the District of Montana in fiscal years 2016 to 2024 received a sentence within the guideline range (23%), compared with 63% in all 94 districts. The median prison term was 16.5 months, and 12 of the 13 went to prison.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Federal Sentences in the District of Montana, FY2016–2025](https://www.bodiesburied.com/trends/federal-district-district-of-montana/) › Burglary and Trespass: District of Montana

**In brief:** Only 3 of the 13 people sentenced for burglary or trespass in the District of Montana in fiscal years 2016 to 2024 received a sentence within the guideline range (23%), compared with 63% in all 94 districts. The median prison term was 16.5 months, and 12 of the 13 went to prison.

Updated November 4, 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 13 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](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/).

## Few Sentences Were Within the Range

The count is small, so each person is a large share of the group. A total of 3 sentences (23%) were within the guideline range. Another 3 (23%) were below the range at the government's request, and 6 (46%) were below it without that request. One sentence (8%) was above the range.

Nationally, 63% of burglary and trespass sentences were within the range. For all offenses in Montana, the share was 33%. Montana burglary and trespass sentences were within the range less often than either comparison.

## Prison Terms

Of the 13 people, 12 (92%) received a prison term, and none received probation only. The median prison term was 16.5 months. A quarter received 21.8 months or more, and a quarter received 11.3 months or less.

In all districts, 674 people were sentenced for this offense type, 80% were sent to prison, and the median was 18 months. The Montana median is lower. The median for all offenses in Montana was 40 months.

## One Residential Burglary Guideline

The Commission's offense type is "Burglary/Trespass." All 13 people were sentenced under the same primary guideline, §2B2.1 (Burglary of a Residence or a Structure Other than a Residence). The group was less than 1% of the 3,524 people sentenced in the district in fiscal years 2016 to 2025.

## Plea Practice and Mandatory Minimums

A total of 12 people (92%) pleaded guilty, and 1 was convicted after a trial. The median prison term was 15 months after a guilty plea and 21 months after the trial, which is a single case.

Written plea agreements covered 42% of the guilty pleas, and 58% were straight pleas. No mandatory minimum prison term applied to any of the 13 people.

## Supervised Release, Restitution, and Criminal History

Supervised release was ordered for 12 people (92%), and the median term was 24 months. Restitution was ordered for 5 people (38%), and no fine was ordered.

In criminal history category I, the lowest, 54% of the group were placed. None was in category VI, the highest. Court-martial records have no criminal history field.

## What the Yearly Table Shows

Fiscal years 2016 to 2019 account for 9 people, and fiscal years 2020 to 2025 account for 4 people. The table lists 1 to 4 people per year, with 4 in 2016 and 3 in 2017\. Several rows describe a single person. With counts like these, the yearly medians cannot show a trend.

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2016        | 4                | 18 months     | 4 of 4         |
| 2017        | 3                | 21 months     | 2 of 3         |
| 2018        | 1                | 12 months     | 1 of 1         |
| 2019        | 1                | 24 months     | 1 of 1         |
| 2022        | 1                | 9 months      | 1 of 1         |
| 2023        | 1                | 60 months     | 1 of 1         |
| 2024        | 2                | 9.5 months    | 2 of 2         |

## What the Records Cannot Show

Malmstrom AFB, Montana, is in the district, but courts-martial are tried in military courts and are not counted here.

Only people convicted and sentenced are counted, and terms are those imposed, not served. The records do not describe the property or the circumstances in any case.

### How We Counted

Everyone sentenced in federal court in the District of Montana (U.S. Sentencing Commission district label "Montana") in fiscal years 2016 to 2025 whose offense type was "Burglary/Trespass" (13). 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](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)
- [Federal Sentences in the District of Montana, FY2016–2025](https://www.bodiesburied.com/trends/federal-district-district-of-montana/) (overview)
- [Federal Drug Trafficking Sentences in the District of Montana, FY2016–2025](https://www.bodiesburied.com/trends/federal-drug-trafficking-sentences-district-of-montana/) (same district, other offense type)
- [Federal Firearms Sentences in the District of Montana, FY2016–2025](https://www.bodiesburied.com/trends/federal-firearms-sentences-district-of-montana/) (same district, other offense type)
- [Federal Fraud, Theft, and Embezzlement Sentences in the District of Montana, FY2016–2025](https://www.bodiesburied.com/trends/federal-fraud-theft-embezzlement-sentences-district-of-montana/) (same district, other offense type)
- [Federal Assault Sentences in the District of Montana, FY2016–2025](https://www.bodiesburied.com/trends/federal-assault-sentences-district-of-montana/) (same district, other offense type)
- [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.