> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Drug Distribution: Sentences After a Guilty Plea vs. After Trial, Federal Court and Courts-Martial - URL: https://www.bodiesburied.com/trends/federal-drug-distribution-plea-vs-trial-sentences/ - Published: 2026-11-03T01:38:07.000Z - Updated: 2026-11-03T01:38:07.000Z - Description: In federal drug trafficking cases, the median prison term was 63 months after a guilty plea and 180 months after a trial. In courts-martial for drug distribution, the pattern was reversed: the median confinement was 5.9 months after a guilty plea and 3.9 months in contested cases that ended in convi - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Federal [Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Drug Distribution and Importation](https://www.bodiesburied.com/trends/federal-drug-distribution-importation-vs-article-112a/) › Drug Distribution: Plea vs. Trial **In brief:** In federal drug trafficking cases, the median prison term was 63 months after a guilty plea and 180 months after a trial. In courts-martial for drug distribution, the pattern was reversed: the median confinement was 5.9 months after a guilty plea and 3.9 months in contested cases that ended in conviction. The court-martial contested group is small, and the federal group is large. Updated November 2, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results This post uses the U.S. Sentencing Commission's records of 160,460 people sentenced in federal court in fiscal years 2016 to 2025, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). 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/). ## Federal Sentences After a Plea and After a Trial The U.S. Sentencing Commission data covers 160,460 people sentenced under primary guideline §2D1.1 without an import statute, mostly under 21 U.S.C. 841 and 846, in fiscal years 2016 to 2025\. The median prison term after a guilty plea was 63 months. After a trial, the median prison term was 180 months. That figure is based on 3,663 people who were convicted at trial and sent to prison. In this data, the word trial includes people who pleaded guilty to some counts and went to trial on others. The trial group is therefore not limited to people who contested every charge. ## Court-Martial Sentences After a Plea and After a Contest For trials from 2016 to 2025, the records show 236 convictions after a guilty plea and 62 convictions in contested cases. A court-martial is contested when the accused pleads not guilty to at least one charge, which covers not-guilty and mixed pleas. The median confinement after a guilty plea was 5.9 months, based on 223 cases with confinement. In contested cases ending in conviction it was 3.9 months, based on 52 cases with confinement. These medians use only cases in which confinement was adjudged. Court-martial sentences are as adjudged at trial, before any clemency or appeal. ## Results by Service The services did not follow one pattern. In the Army, the median was 4.9 months after a plea and 5 months when contested, but the contested figure rests on 2 cases. In the Air Force, the median was 3.9 months after a plea (70 cases) and 2.5 months when contested (35 cases). In the Navy, it was 8 months after a plea (39 cases) and 16.4 months when contested (6 cases). The Marine Corps median was 10 months in both groups, with 66 cases after a plea and 9 contested. | Service | Median confinement after a guilty plea (cases) | Median confinement, contested cases (cases) | | ------------ | ---------------------------------------------- | ------------------------------------------- | | Army | 4.9 months (48) | 5 months (2) | | Air Force | 3.9 months (70) | 2.5 months (35) | | Navy | 8 months (39) | 16.4 months (6) | | Marine Corps | 10 months (66) | 10 months (9) | ## Why the Court-Martial Result Is Not Simple Of 298 convictions with a plea recorded, 236 were guilty pleas (79%). The contested group is the smaller one, so a few cases can move its median. The Air Force supplies most of the contested cases with confinement, and its contested median is the lowest in the table. The Navy contested median is the highest, from only 6 cases. The records do not show whether a guilty plea in a court-martial followed a plea agreement that limited the sentence in each case. They also do not show why the contested group had a lower median overall. ## Plea Rates and the Guideline Range in Federal Court The federal plea rate for this offense was 98%. A trial was the exception, which means the 180-month median describes a small share of the people sentenced. Against the guideline range, 33% of federal sentences were within the range. Another 38% were below it at the government's request, and 27% were below it without a government request. Sentences above the range were 2%. Court-martial records have no guideline range field, so this comparison is not available for courts-martial. ## Limits of the Comparison Federal prison terms are the terms imposed, not time served. The federal counts use fiscal years, and the court-martial counts use trial dates. The records do not show the drug, the quantity, any mandatory minimum in a court-martial case, or the facts of any case. They cannot show why sentences after a trial were longer in federal court and shorter in the court-martial totals. Nothing here is legal advice. ### How We Counted Courts-martial: convictions for drug distribution (Article 112a wrongful distribution; federal drug trafficking without an import statute) with trial dates in 2016 to 2025, split by plea (236 guilty pleas, 62 contested). Medians use cases with confinement adjudged. Federal: 160,460 people sentenced under primary guideline §2D1.1 without an import statute (mostly 21 U.S.C. 841 and 846), fiscal years 2016 to 2025 (U.S. Sentencing Commission). 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 **Who is in each set of numbers.** The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended. **Different cases reach each system.** Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts. **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. **Offense categories do not line up exactly.** Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match. **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. **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. **Military confinement credit and parole.** For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served. **Military sentences include punishments federal sentences do not.** A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show. **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. **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. **Plea agreements work differently.** In federal court, most plea agreements do not bind the judge on the sentence. Since 2019, a military plea agreement can set a minimum and maximum sentence that the military judge must follow if the judge accepts the agreement. The federal numbers count anyone who pleaded guilty, with or without a written agreement. **How "plea" and "trial" are counted.** In the federal sentencing numbers, "trial" means the person was convicted after a trial, including people who pleaded guilty to some counts and went to trial on others. People acquitted at trial are not in these numbers at all (see "Who is in each set of numbers"). In the federal case data, the trial rate counts both convictions and acquittals at trial among all defendants whose cases ended, including dismissed cases. Military numbers count contested cases that reached a verdict. These denominators are not the same, and each post states the one it uses. ## 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) - [Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-distribution-importation-vs-article-112a/) (overview) - [Drug Distribution Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far](https://www.bodiesburied.com/trends/federal-drug-distribution-2023-sentencing-reform-so-far/) - [Drug Distribution Charges: How Often Federal Trials and Courts-Martial End in Acquittal](https://www.bodiesburied.com/trends/federal-drug-distribution-acquittal-rate-vs-courts-martial/) - [Drug Distribution Charges: Federal Trial Acquittals vs. Contested Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-distribution-acquittal-rate-vs-marine-corps/) - [Guilty Pleas in Drug Distribution Cases: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-distribution-guilty-plea-rate-vs-courts-martial/) - [Drug Distribution Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-drug-distribution-junior-enlisted-vs-federal-court/) - [Drug Distribution Convictions of NCOs (E-5 to E-9): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-drug-distribution-ncos-vs-federal-court/) - [Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?](https://www.bodiesburied.com/trends/federal-trial-acquittal-rates-vs-courts-martial/) (related comparison) - [Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year](https://www.bodiesburied.com/trends/federal-guilty-plea-rates-vs-courts-martial/) (related comparison) - [Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-child-pornography-sentences-vs-courts-martial/) (related comparison) - [Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare](https://www.bodiesburied.com/trends/federal-no-crime-of-drug-use-article-112a/) (related comparison) - [Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial](https://www.bodiesburied.com/trends/federal-sexual-abuse-adult-vs-article-120/) (related comparison) - [Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial](https://www.bodiesburied.com/trends/federal-child-sexual-abuse-enticement-vs-article-120b/) (related comparison) - [Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-dollar-loss-vs-article-121/) (related comparison) - [Army Article 112a Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-112a-trend-2021-2025/) (court-martial data) - [What Sentence Follows an Army Drug Conviction?](https://www.bodiesburied.com/trends/army-article-112a-sent-2021-2025/) (court-martial data) - [How Often Are Contested Army Article 112a Cases Acquitted?](https://www.bodiesburied.com/trends/army-article-112a-acq-2021-2025/) (court-martial data) - [Guilty Pleas in Army Drug Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/army-article-112a-plea-2021-2025/) (court-martial data) - [Are Air Force Drug Courts-Martial Disappearing? Article 112a, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-112a-trend-2016-2025/) (court-martial data) - [How Much Confinement for an Article 112a Conviction in the Air Force?](https://www.bodiesburied.com/trends/air-force-article-112a-sent-2016-2025/) (court-martial data) - [Pleading Guilty to Article 112a in the Air Force: What Sentences Followed?](https://www.bodiesburied.com/trends/air-force-article-112a-plea-2016-2025/) (court-martial data) - [Is Navy-Marine Corps Drug Prosecution Rising or Falling? Article 112a, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-trend-2017-2025/) (court-martial data) - [How Much Confinement for an Article 112a Conviction in the Navy-Marine Corps?](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-sent-2017-2025/) (court-martial data) - [Fighting a Navy-Marine Corps Drug Charge: How Contested Cases Ended](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-acq-2017-2025/) (court-martial data) - [When Navy-Marine Corps Accused Plead Guilty to Drug](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-plea-2017-2025/) (court-martial data) - [Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-112a-courts-martial/) (court-martial data) - [Article 112a UCMJ Drug Offenses and Positive Urinalysis](https://www.ucmj-defender.com/ucmj/article-112a-drug-offenses/?ref=bodiesburied.com) (law firm reference page) - [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.