Federal Burglary and Trespass Sentences in the District of South Dakota, FY2016–2025
All 52 people sentenced for burglary or trespass in the District of South Dakota in fiscal years 2016 to 2025 pleaded guilty, and 50 (96%) received a prison term. The median prison term was 13.5 months, lower than the 18 months across all 94 federal districts. All 52 cases used one guideline, the on
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of South Dakota, FY2016–20 › Burglary and Trespass: District of South Dakota
In brief: All 52 people sentenced for burglary or trespass in the District of South Dakota in fiscal years 2016 to 2025 pleaded guilty, and 50 (96%) received a prison term. The median prison term was 13.5 months, lower than the 18 months across all 94 federal districts. All 52 cases used one guideline, the one for burglary.
This post uses the U.S. Sentencing Commission's records of 52 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 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.
Every Case Ended in a Guilty Plea
52 of 52 (100%) pleaded guilty, and 0 were convicted after a trial. Every guilty plea had a written plea agreement.
Across all 94 districts, 97% of people in this offense type pleaded guilty, and for all offenses in this district the figure was 95%. The data has no trial sentences to compare with plea sentences.
Prison Terms and How They Compare
50 of the 52 (96%) received a prison term, and 2 (4%) received probation only. The median was 13.5 months. A quarter received 23 months or more, and a quarter received 8 months or less.
Across all districts, 674 people were sentenced for burglary or trespass, 80% were sent to prison, and the median was 18 months. Prison was more common here, and the median was lower. For all offenses in this district, the median was 36 months.
One Guideline, §2B2.1
All 52 cases had the same primary guideline: §2B2.1 (Burglary of a Residence or a Structure Other than a Residence). The Commission's type is "Burglary/Trespass".
The group is 1% of the 5,041 people sentenced in the district. 26 people were sentenced in fiscal years 2016 to 2019, and 26 in fiscal years 2020 to 2025.
Position Against the Guideline Range
58% of sentences (30) were within the advisory guideline range. 4% (2) were below it at the government's request, 35% (18) were below it without a government request, and 4% (2) were above it.
Across all districts, 63% of sentences for this type were within the range. For all offenses in this district, the figure was 57%. No mandatory minimum prison term applied to any of the 52 people.
Year-by-Year Medians
Yearly counts range from 3 to 9 people. The median prison term was 9 months in fiscal year 2016 and 24 months in fiscal year 2022. In fiscal year 2024 it was 10.9 months, and in fiscal year 2025 it was 18 months.
With so few people in each year, the table cannot show whether terms are getting longer or shorter.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 7 | 9 months | 7 of 7 |
| 2017 | 9 | 14 months | 9 of 9 |
| 2018 | 3 | 13 months | 3 of 3 |
| 2019 | 7 | 14 months | 7 of 7 |
| 2020 | 5 | 17.5 months | 5 of 5 |
| 2021 | 4 | 12.5 months | 4 of 4 |
| 2022 | 4 | 24 months | 4 of 4 |
| 2023 | 4 | 19.5 months | 4 of 4 |
| 2024 | 6 | 10.9 months | 6 of 6 |
| 2025 | 3 | 18 months | 3 of 3 |
Restitution and Supervised Release
Restitution was ordered for 36 people (69%), and a fine for 0. 50 people (96%) were ordered to serve supervised release after prison, with a median term of 36 months.
In criminal history, 52% were in the lowest category I and 4% in the highest VI.
What the Data Does Not Cover
Only people convicted and sentenced are counted, so acquittals and dismissals are not in the data. Ellsworth AFB, South Dakota is in this district, but courts-martial are tried in military courts and are not part of these federal numbers.
How We Counted
Everyone sentenced in federal court in the District of South Dakota (U.S. Sentencing Commission district label "South Dakota") in fiscal years 2016 to 2025 whose offense type was "Burglary/Trespass" (52). 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 (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Sentences in the District of South Dakota, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Assault Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Obscenity and Other Sex Offense Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- 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.