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# Drug Use: Courts-Martial at Offutt AFB vs. Federal Court in the District of Nebraska
- URL: https://www.bodiesburied.com/trends/federal-drug-use-offutt-afb-vs-district-of-nebraska/
- Published: 2026-11-03T06:10:47.000Z
- Updated: 2026-11-03T06:10:47.000Z
- Description: At Offutt AFB, 14 of 15 Article 112a drug-use convictions with a sentence recorded (93%) included confinement, and the median was 2.2 months. In the District of Nebraska, 12 people were sentenced for simple possession in fiscal years 2017 to 2024, and 5 of them (42%) received a prison term, with a m
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Federal Law Has No Crime of Drug Use](https://www.bodiesburied.com/trends/federal-no-crime-of-drug-use-article-112a/) › Drug Use: Offutt AFB

**In brief:** At Offutt AFB, 14 of 15 Article 112a drug-use convictions with a sentence recorded (93%) included confinement, and the median was 2.2 months. In the District of Nebraska, 12 people were sentenced for simple possession in fiscal years 2017 to 2024, and 5 of them (42%) received a prison term, with a median of 16.5 months. Both groups are small, and the federal group comes from the whole district.

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](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/).

## Small Numbers on Both Sides

This comparison rests on 15 court-martial convictions and 12 federal sentences. With groups this size, a single case can move a median by a wide margin. The figures below describe what happened in these cases, not a pattern that can be counted on.

The court-martial cases are Air Force cases whose records list the trial location as "Offutt AFB, Nebraska," with trial dates from 2016 to 2025\. The federal cases are people sentenced in the District of Nebraska under 21 U.S.C. 844, simple possession, which the data uses as the nearest federal charge to wrongful drug use.

## Confinement at Offutt AFB

The median adjudged confinement at Offutt AFB was 2.2 months. A quarter of those convicted received 3.7 months or more. Across all 1,071 court-martial convictions for this offense in the data, the median was 3 months.

Of 7 convictions with a plea recorded, 5 were guilty pleas. The median confinement after a guilty plea was 2 months, based on 5 cases with confinement. In contested cases ending in conviction, the median was also 2 months, based on 1 case with confinement.

Of the 15 enlisted members convicted, 7 (47%) received a punitive discharge, all bad-conduct discharges. Only 1 of the 15 convictions (7%) was at a general court-martial.

## Federal Prison Terms in Nebraska

Of the 12 people sentenced in the district, 5 (42%) received a prison term and 7 (58%) received probation only. Among those sent to prison, the median prison term was 16.5 months. A quarter received 84 months or more, and a quarter received 12 months or less.

For all federal districts combined, the median prison term for simple possession was 6 months, across 6,268 people sentenced. The Nebraska median was higher, but it is based on only 5 prison terms.

10 of the 12 (83%) pleaded guilty, and every guilty plea had a written plea agreement. The median prison term after a guilty plea was 12 months. After a trial, it was 114 months, based on 2 people convicted at trial and sent to prison. A mandatory minimum prison term applied to 3 people (25%).

|                                    | Courts-martial at Offutt AFB         | Federal court, District of Nebraska |
| ---------------------------------- | ------------------------------------ | ----------------------------------- |
| Convictions or people sentenced    | 15                                   | 12                                  |
| Sentenced to confinement or prison | 93%                                  | 42%                                 |
| Median confinement or prison       | 2.2 months                           | 16.5 months                         |
| A quarter received this or more    | 3.7 months                           | 84 months                           |
| Pleaded guilty                     | 5 of 7 with a plea recorded (5 of 7) | 83%                                 |
| Mandatory minimum applied          | See the caveats                      | 3 of 12 with the information (25%)  |

## Criminal History in the Federal Group

Federal sentencing records place each person in a criminal history category, from category I, the lowest, to category VI, the highest. In Nebraska, 33% were in category I and 33% were in category VI. Court-martial records have no criminal history field, so the military side cannot be compared on this point.

All 12 federal cases had guideline information. Of these, 83% (10) were sentenced within the recommended range, 8% (1) below it without a government request, and 8% (1) above it. Supervised release after prison was ordered for 5 (42%), with a median term of 12 months. A fine was ordered for 1 person (8%).

## What the Comparison Does and Does Not Cover

Offutt AFB is in the District of Nebraska, but the federal cases are not from the base. Most did not involve service members. The records do not indicate that Offutt AFB cases would have gone to the district court.

Article 112a covers wrongful use, while 21 U.S.C. 844 covers possession. Court-martial sentences are counted as adjudged, before clemency or appeal. Federal terms are those imposed, not time served. The court-martial years follow trial dates, and the federal years run from October 1 to September 30.

## Offutt AFB Trials Before and After 2020

For trials in 2016 to 2019, the median confinement was 3 months, based on 7 cases with confinement. For trials in 2020 to 2025, it was 2 months, also based on 7 cases. These counts are too small to show a trend.

## What Remains Unknown

The data does not show the drug involved, the amount, any other charges, or the reasons a judge or panel chose a sentence. It cannot show how any single case would have ended in the other system.

### How We Counted

Courts-martial with trial dates in 2016 to 2025 whose recorded trial location is Offutt AFB, Nebraska, ending in a conviction for wrongful drug use (Article 112a), compared with federal simple possession, the nearest federal charge (15). Federal: people sentenced in fiscal years 2016 to 2025 in the District of Nebraska (U.S. Sentencing Commission district label "Nebraska") 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

- [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)
- [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/) (overview)
- [Federal Sentences in the District of Nebraska, FY2016–2025](https://www.bodiesburied.com/trends/federal-district-district-of-nebraska/) (the federal district)
- [Drug Use: Courts-Martial at Barksdale AFB vs. Federal Court in the Western District of Louisiana](https://www.bodiesburied.com/trends/federal-drug-use-barksdale-afb-vs-western-district-of-louisiana/) (other installations)
- [Drug Use: Courts-Martial at Beale AFB vs. Federal Court in the Eastern District of California](https://www.bodiesburied.com/trends/federal-drug-use-beale-afb-vs-eastern-district-of-california/) (other installations)
- [Drug Use: Courts-Martial at Bremerton vs. Federal Court in the Western District of Washington](https://www.bodiesburied.com/trends/federal-drug-use-bremerton-vs-western-district-of-washington/) (other installations)
- [Drug Use: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina](https://www.bodiesburied.com/trends/federal-drug-use-camp-lejeune-vs-eastern-district-of-north-carolina/) (other installations)
- [Drug Use: Federal Sentences vs. Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-use-vs-air-force/)
- [Drug Use: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-use-vs-army/)
- [Drug Use: Federal Sentences vs. Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-use-vs-marine-corps/)
- [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.