Federal Drug Possession Sentences in the District of New Hampshire, FY2016–2025
33 people were sentenced for drug possession in the District of New Hampshire in the Commission's data for fiscal years 2017 to 2025. 61% received a prison term and 39% received probation only. The median prison term was 0 months, compared with 6 months for this offense type in all 94 districts.
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of New Hampshire, FY2016–2 › Drug Possession: District of New Hampshire
In brief: 33 people were sentenced for drug possession in the District of New Hampshire in the Commission's data for fiscal years 2017 to 2025. 61% received a prison term and 39% received probation only. The median prison term was 0 months, compared with 6 months for this offense type in all 94 districts.
This post uses the U.S. Sentencing Commission's records of 33 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.
Probation Was Common
Of the 33 people, 20 (61%) received a prison term, and 13 (39%) received probation only, with no prison or other confinement. For this offense type in all 94 districts, 68% were sent to prison.
The share receiving probation only was therefore higher in this district than across the country. Drug possession cases were 2% of the 1,754 people sentenced in the district, where the median prison term for all offenses was 30 months.
A Median of 0 Months
Among those sent to prison, the median prison term was 0 months, and a quarter received 0 months or more and a quarter received 0 months or less. The Commission's figures do not show how those cases were recorded. The records here do not explain why the median is 0 months for a group in which 61% received a prison term.
Across all districts, the median prison term for drug possession was 6 months. The Commission counts 5,909 people in this offense type nationwide.
Sentences Within the Guideline Range
68% of sentences (21 people) were within the guideline range, the most common position. 16% (5) were below the range without a government request, 10% (3) were above the range, and 6% (2) were below the range at the government's request.
For drug possession in all districts, 90% of sentences were within the range. For all offenses in this district, the figure was 31%. The primary guideline for all 33 people was §2D2.1 (Unlawful Possession).
Pleas, Mandatory Minimums, and Conditions
All 33 people (100%) pleaded guilty, and each had a written plea agreement. None was convicted after a trial. A mandatory minimum prison term applied to 2 of the 33 people (6%).
19 people (58%) were ordered to serve supervised release, and the median term was 12 months. A fine was ordered for 4 people (12%). Restitution was ordered for none.
Criminal History
45% of the group were in the lowest criminal history category, category I, and 6% were in the highest, category VI. Court-martial records have no criminal history field.
Counts by Year
Fiscal years 2016 to 2019 account for 11 people, and fiscal years 2020 to 2025 account for 22. The table starts in 2017, and the highest yearly count is 8 people in 2023. The fiscal year runs October 1 to September 30.
The yearly median is 0 months in every year after 2017, when it was 3 months. Groups of 2 to 8 people do not show a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2017 | 6 | 3 months | 6 of 6 |
| 2018 | 2 | 0 months | 2 of 2 |
| 2019 | 3 | 0 months | 3 of 3 |
| 2020 | 4 | 0 months | 4 of 4 |
| 2021 | 3 | 0 months | 3 of 3 |
| 2022 | 2 | 0 months | 2 of 2 |
| 2023 | 8 | 0 months | 8 of 8 |
| 2024 | 3 | 0 months | 3 of 3 |
| 2025 | 2 | 0 months | 2 of 2 |
What Is Not in the Data
The data counts only people who were convicted and sentenced, so it does not include dismissals, diversion, or cases handled outside federal court. It does not show the drug involved, the amount, or the facts of any case.
How We Counted
Everyone sentenced in federal court in the District of New Hampshire (U.S. Sentencing Commission district label "New Hampshire") in fiscal years 2016 to 2025 whose offense type was "Drug Possession" (33). 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 New Hampshire, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of New Hampshire, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the District of New Hampshire, FY2016–2025 (same district, other offense type)
- Federal Immigration Offense Sentences in the District of New Hampshire, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of New Hampshire, 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.