Federal Sentences in the District of Montana, FY2016–2025
In the District of Montana, the most common position for a federal sentence was below the guideline range without a government request: 1,279 people, or 36%, in fiscal years 2016 to 2025. Only 33% were sentenced within the range, compared with 48% across all 94 federal districts. The district senten
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In brief: In the District of Montana, the most common position for a federal sentence was below the guideline range without a government request: 1,279 people, or 36%, in fiscal years 2016 to 2025. Only 33% were sentenced within the range, compared with 48% across all 94 federal districts. The district sentenced 3,524 people in all, and firearms cases made up 22% of them.
This post uses the U.S. Sentencing Commission's records of 3,524 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.
Judges Often Went Below the Range on Their Own
The federal sentencing guidelines produce a recommended range of months for each case. A judge may sentence inside it, below it, or above it.
Montana had guideline information for 3,515 people. Below-range sentences without a government request numbered 1,279 (36%). Below-range sentences at the government's request numbered 1,005 (29%).
Within-range sentences were 1,167 (33%), lower than the national 48%. Above-range sentences were 64 (2%). The records give the position of each sentence, not the reasoning behind it.
Firearms, Drugs, and Assault Cases
Drug trafficking was the largest offense type, with 1,412 people (40%) and a median prison term of 60 months. Firearms was second, with 786 people (22%) and a median of 29.5 months.
Fraud, theft, and embezzlement accounted for 311 people (9%). Assault accounted for 237 (7%), with a median term of 29 months. Immigration cases were fewer, at 112 (3%).
Sexual abuse cases numbered 144 (4%), with a median term of 110 months and a guilty plea rate of 83%. Child pornography (images of child exploitation) cases numbered 75, with a median of 78 months.
| Offense type | People sentenced | Share of district | Median prison | Pleaded guilty |
|---|---|---|---|---|
| Drug Trafficking | 1,412 | 40% | 60 months | 98% |
| Firearms | 786 | 22% | 29.5 months | 97% |
| Fraud/Theft/Embezzlement | 311 | 9% | 24 months | 97% |
| Assault | 237 | 7% | 29 months | 93% |
| Sexual Abuse | 144 | 4% | 110 months | 83% |
| Immigration | 112 | 3% | 4.9 months | 97% |
| Child Pornography | 75 | 2% | 78 months | 95% |
| Obscenity/Other Sex Offenses | 71 | 2% | 15.5 months | 94% |
What Share Went to Prison?
A prison term was ordered for 3,179 of the 3,524 people (90%). Across all districts, the share was 91%. Probation only, with no prison or other confinement, was ordered for 308 people (9%).
The median prison term was 40 months (3.3 years), compared with 24 months nationally. A quarter received 72 months or more, and a quarter received 18 months or less. 4 people received a life sentence.
A mandatory minimum prison term applied to 1,403 people (40%).
Straight Pleas and Trials
Guilty pleas resolved 3,388 cases (96%), and 136 people were convicted after a trial.
Among the guilty pleas, 21% were straight pleas, entered with no agreement with the government. The other 79% had a written plea agreement.
After a guilty plea, the median prison term was 38 months. After a trial, it was 71 months, based on 126 people convicted at trial and sent to prison.
Supervision and Money Penalties
Supervised release after prison was ordered for 3,105 people (88%), with a median term of 36 months. 38 people (1%) received it for life.
Restitution was ordered for 568 people (16%), and a fine for 103 (3%). In criminal history, 38% were in category I, the lowest, and 10% were in category VI, the highest. Court-martial records have no criminal history field.
Year by Year in Montana
The district sentenced 1,380 people in fiscal years 2016 to 2019 and 2,144 in fiscal years 2020 to 2025. A federal fiscal year begins in October and ends in September. The table gives the count, median prison term, and guilty plea rate for each year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 321 | 41 months | 95% |
| 2017 | 318 | 45 months | 95% |
| 2018 | 356 | 40 months | 97% |
| 2019 | 385 | 38 months | 97% |
| 2020 | 324 | 42 months | 94% |
| 2021 | 333 | 36 months | 97% |
| 2022 | 348 | 37 months | 98% |
| 2023 | 369 | 43.5 months | 97% |
| 2024 | 367 | 40 months | 95% |
| 2025 | 403 | 36.8 months | 96% |
Malmstrom AFB and What the Data Does Not Cover
Malmstrom AFB is in this district and appears in this site's court-martial data. Courts-martial are tried in military courts, not in this federal district court.
The Sentencing Commission counts only people who were convicted and sentenced, so acquittals and dismissals are absent. Its prison terms are those imposed, and it does not record time actually served.
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 (3,524). 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.
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)
- 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.