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Understanding Trends

Drug Use: Courts-Martial at Fairchild AFB vs. Federal Court in the Eastern District of Washington

At Fairchild AFB, 18 courts-martial ended in a conviction for wrongful drug use (Article 112a), and the median adjudged confinement was 2.7 months. In the Eastern District of Washington, 12 people were sentenced for simple possession under 21 U.S.C. 844 in fiscal years 2016 to 2025, and those sent t

Understanding Trends in Military Practice · 9 min read

Trends › Federal Prosecution Analysis › Federal Law Has No Crime of Drug Use › Drug Use: Fairchild AFB

In brief: At Fairchild AFB, 18 courts-martial ended in a conviction for wrongful drug use (Article 112a), and the median adjudged confinement was 2.7 months. In the Eastern District of Washington, 12 people were sentenced for simple possession under 21 U.S.C. 844 in fiscal years 2016 to 2025, and those sent to prison had a median term of 8.6 months. The federal group is small and comes from the whole district, not from the base.

Updated November 3, 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 12 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 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.

A District Count, Not a Base Count

Fairchild AFB is located in the federal Eastern District of Washington. The 12 federal sentences counted here are drawn from across that district. They are not Fairchild cases, and most of the people involved were not in the military.

Nothing in the records suggests that any Fairchild case would have gone to the district court. The comparison sets 2 separate groups side by side: Air Force convictions tried at the base, and civilian federal sentences for the nearest federal charge.

Length of Confinement and Prison Terms

The median adjudged confinement at Fairchild was 2.7 months, and a quarter of convictions carried 3.9 months or more. In the district, the median prison term was 8.6 months, and a quarter received 12 months or more. A quarter of district prison terms were 0.1 months or less.

The district median was higher than the 6-month median for all 6,268 people sentenced for this charge across federal districts. The Fairchild median was lower than the 3-month median for all 1,071 court-martial convictions for this offense in the data.

Court-martial figures are sentences as adjudged, before clemency or appeal. Federal figures are terms imposed, not time served.

Courts-martial at Fairchild AFBFederal court, Eastern District of Washington
Convictions or people sentenced1812
Sentenced to confinement or prison89%75%
Median confinement or prison2.7 months8.6 months
A quarter received this or more3.9 months12 months
Pleaded guilty9 of 12 with a plea recorded (75%)75%
Mandatory minimum appliedSee the caveats1 of 12 with the information (8%)

Who Was Confined at All

Confinement was part of 16 of the 18 Fairchild sentences (89%). In the district, 9 of 12 people (75%) received a prison term, and 3 (25%) received probation only, with no prison or other confinement.

Of the 18 enlisted members convicted at Fairchild, 10 (56%) received a punitive discharge. All 10 were bad-conduct discharges, and none was a dishonorable discharge. Only 1 of the 18 convictions (6%) was at a general court-martial.

Pleas and Trials on Each Side

The Eastern District of Washington had federal trials for this charge in the period counted. 9 of the 12 people (75%) pleaded guilty, and 3 were convicted after a trial. All 9 guilty pleas came with a written plea agreement.

The median prison term was 10.3 months after a guilty plea and 6 months after a trial. The trial figure rests on 3 people, so it describes only those cases.

At Fairchild, 12 convictions had a plea recorded, and 9 of them (75%) were guilty pleas. The median confinement was 2 months after a guilty plea, across 9 cases with confinement. Contested cases ending in conviction had a median of 2.7 months, across 2 cases.

Guidelines, Release Terms, and Criminal History

11 of the 12 federal sentences (92%) fell within the guideline range. The remaining 1 (8%) was below the range at the government's request. None was above the range.

A mandatory minimum prison term applied to 1 person (8%). 7 people (58%) were ordered to serve supervised release after prison, with a median term of 12 months. Fines were ordered for 3 (25%), and no one was ordered to pay restitution.

In criminal history, 42% were in category I, the lowest, and 25% were in category VI, the highest. Court-martial records carry no criminal history field.

Timing of the Cases

Fairchild trial dates in these records run from 2016 to 2024 and are counted by calendar date. Federal years are fiscal years, which begin on October 1 and end on September 30.

Trials from 2016 to 2019 had a median confinement of 3.3 months across 5 cases with confinement. Trials from 2020 to 2025 had a median of 2 months across 11 cases. The groups are too small to describe as a trend.

Limits of This Comparison

Wrongful drug use and federal simple possession are related charges, not the same charge. The records do not show the substance, the quantity, or any other offenses in a case. With 18 and 12 cases, single sentences move these figures.

How We Counted

Courts-martial with trial dates in 2016 to 2025 whose recorded trial location is Fairchild AFB, Washington, ending in a conviction for wrongful drug use (Article 112a), compared with federal simple possession, the nearest federal charge (18). Federal: people sentenced in fiscal years 2016 to 2025 in the Eastern District of Washington (U.S. Sentencing Commission district label "Washington East") under a conviction under 21 U.S.C. 844 (simple possession), the nearest federal charge (12). The installation is matched to the federal district for the county where it sits.

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.

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.

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.

Drug use has no federal counterpart. Federal law does not make drug use a crime. A positive drug test is not a federal offense; a civilian can be charged only with possessing the drug. Bringing drugs onto a military installation is also a military-only offense. For these, the nearest federal charge is simple possession, and the post says that the match is not exact.

Related Analysis

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.

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