Federal Drug Possession Sentences in the District of Nebraska, FY2016–2025
10 people were sentenced for drug possession in the District of Nebraska in fiscal years 2017 to 2020. 7 (70%) received probation only, and 3 (30%) received a prison term, with a median of 12 months. Across all 94 federal districts, 68% were sent to prison for this offense type, and the median was 6
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of Nebraska, FY2016–2025 › Drug Possession: District of Nebraska
In brief: 10 people were sentenced for drug possession in the District of Nebraska in fiscal years 2017 to 2020. 7 (70%) received probation only, and 3 (30%) received a prison term, with a median of 12 months. Across all 94 federal districts, 68% were sent to prison for this offense type, and the median was 6 months.
This post uses the U.S. Sentencing Commission's records of 10 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.
7 of the 10 People Received Probation Only
Probation only, with no prison or other confinement, was the result for 7 people (70%). A prison term was the result for 3 people (30%). The share sent to prison across all districts was 68%, which is higher than the share in this district.
The 3 people who went to prison had a median term of 12 months. A quarter received 14.2 months or more, and a quarter received 9 months or less. The median for this offense type in all districts was 6 months, and the median for every offense in the District of Nebraska was 57 months. With only 3 people in the group, these figures describe those people and nothing broader.
The Years Covered
Cases for this offense type appear in fiscal years 2017 to 2020. A fiscal year begins on October 1 and ends at the close of September. The yearly table lists 2 people in fiscal year 2017, 3 in 2018, 2 in 2019, and 3 in 2020.
Medians appear for only 2 of those years: 12 months for fiscal year 2019 and 11.2 months for fiscal year 2020. The other rows show "n/a". The data counts 7 people in fiscal years 2016 to 2019 and 3 in fiscal years 2020 to 2025.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2017 | 2 | n/a | 2 of 2 |
| 2018 | 3 | n/a | 3 of 3 |
| 2019 | 2 | 12 months | 2 of 2 |
| 2020 | 3 | 11.2 months | 3 of 3 |
A Single Guideline
"Drug Possession" is the category the U.S. Sentencing Commission assigns to a case based on its main guideline. All 10 cases used §2D2.1 (Unlawful Possession).
Together they were less than 1% of the 4,887 people sentenced in the district. Drug trafficking is counted as a different offense type.
Every Person Pleaded Guilty
All 10 people (100%) pleaded guilty, and each plea had a written plea agreement. Nobody was convicted after a trial.
The share who pleaded guilty was more than 99% across all districts and 97% for all offenses in this district. A mandatory minimum prison term applied to 2 of the 10 people (20%).
Close to the Guideline Range
Sentences for 9 people (90%) fell within the guideline range. 1 person (10%) received a sentence below the range without a government request. No sentence was below the range at the government's request or above the range.
In all districts, 90% of drug possession sentences were within the range. For all offenses in this district, the figure was 48%.
Supervision and Prior Record
Supervised release was ordered after prison for 3 people (30%), with a median term of 12 months. The data lists no fines and no restitution.
40% of the people were in the lowest criminal history category, and 30% were in the highest. Court-martial records have no criminal history field.
Limits of the Data
Anyone who was acquitted or whose case was dismissed is absent from these numbers. Prison terms are the terms imposed and not the time served, and the data gives no facts about any case.
Offutt AFB, Nebraska, is in this district. A court-martial is held in a military court, not in this federal court.
How We Counted
Everyone sentenced in federal court in the District of Nebraska (U.S. Sentencing Commission district label "Nebraska") in fiscal years 2016 to 2025 whose offense type was "Drug Possession" (10). 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)
- Federal Sentences in the District of Nebraska, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of Nebraska, FY2016–2025 (same district, other offense type)
- Federal Immigration Offense Sentences in the District of Nebraska, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of Nebraska, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the District of Nebraska, 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.