Drug Use: Courts-Martial at San Diego vs. Federal Court in the Southern District of California
Navy and Marine Corps courts-martial tried in San Diego produced 20 Article 112a drug-use convictions, and 11 of the 20 enlisted members convicted (55%) received a punitive discharge. Confinement was part of 75% of the sentences, with a median of 3.2 months. In the Southern District of California, 7
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In brief: Navy and Marine Corps courts-martial tried in San Diego produced 20 Article 112a drug-use convictions, and 11 of the 20 enlisted members convicted (55%) received a punitive discharge. Confinement was part of 75% of the sentences, with a median of 3.2 months. In the Southern District of California, 73 of 107 people sentenced for simple possession (68%) received a prison term, and the recorded median prison term was 0 months.
This post uses the U.S. Sentencing Commission's records of 107 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.
Which Cases Are in the San Diego Count
The records list the trial location as "San Diego" or "San Diego, California." Of the 20 convictions for wrongful drug use, 14 were Navy cases and 6 were Marine Corps cases. Trial dates run from 2016 to 2025.
The federal group is the 107 people the U.S. Sentencing Commission counted as sentenced in the Southern District of California under 21 U.S.C. 844, simple possession, in fiscal years 2016 to 2025. The data uses that statute as the nearest federal charge to Article 112a.
Discharges and Court Level
Of the 20 enlisted members convicted in San Diego, 11 (55%) received a punitive discharge. That count includes 4 dishonorable discharges and 7 bad-conduct discharges. A dishonorable discharge is the more severe of these discharges and is available only at a general court-martial.
5 of the 20 convictions (25%) were tried at a general court-martial. The remaining convictions came from lower-level courts-martial.
Confinement at Court-Martial, Prison in Federal Court
Of the 20 San Diego convictions with a sentence recorded, 15 (75%) included confinement. The median adjudged confinement was 3.2 months, and a quarter received 8 months or more. For all 1,071 court-martial convictions for this offense in the data, the median was 3 months.
In the Southern District of California, 73 of the 107 (68%) received a prison term, and 31 (29%) received probation only. The recorded median prison term among those sent to prison was 0 months. A quarter received 4.3 months or more, and a quarter received 0 months or less. Across all federal districts, the median prison term for simple possession was 6 months.
Court-martial confinement is counted as adjudged at trial, before any clemency or appeal. Federal prison terms are the terms imposed, not time served.
| Courts-martial at San Diego | Federal court, Southern District of California | |
|---|---|---|
| Convictions or people sentenced | 20 | 107 |
| Sentenced to confinement or prison | 75% | 68% |
| Median confinement or prison | 3.2 months | 0 months |
| A quarter received this or more | 8 months | 4.3 months |
| Pleaded guilty | 17 of 20 with a plea recorded (85%) | 100% |
| Mandatory minimum applied | See the caveats | 5 of 104 with the information (5%) |
Guilty Pleas Were the Norm in Both Courts
A plea was recorded for all 20 San Diego convictions, and 17 (85%) were guilty pleas. The median confinement after a guilty plea was 3.2 months, based on 14 cases with confinement. The contested cases ending in conviction had a median of 3.9 months, but that figure rests on 1 case with confinement.
In the district, all 107 people (100%) pleaded guilty, and 0 were convicted after a trial. Among the guilty pleas, 96% had a written plea agreement and 4% were straight pleas with no agreement.
The District Is Not the Installation
San Diego is in the Southern District of California. The federal cases counted here are cases from the whole district. They are not cases from any military installation, and most did not involve service members. The records give no basis for saying that any San Diego court-martial case would have gone to the district court.
Article 112a covers wrongful use, and 21 U.S.C. 844 covers possession, so the charges are not the same. The court-martial numbers are by trial date. The federal numbers are by fiscal year, which begins October 1 and ends September 30.
Supervised Release and Guideline Position
Supervised release after prison was ordered for 46 people (43%), with a median term of 12 months. A fine was ordered for 9 (8%), and no restitution was ordered. A mandatory minimum prison term applied to 5 (5%).
Of the 105 cases with guideline information, 93% (98) were sentenced within the recommended range. 3% (3) were below it at the government's request, 2% (2) below it without a request, and 2% (2) above it. On criminal history, 74% were in category I, the lowest, and 5% in category VI, the highest. Court-martial records have no criminal history field.
What These Numbers Leave Open
In San Diego, the median confinement was 3.2 months both for trials in 2016 to 2019 (3 cases with confinement) and for trials in 2020 to 2025 (12 cases). The records do not include the drugs, amounts, or facts of any case, and they cannot show how a case from one system would have been handled in the other.
How We Counted
Courts-martial with trial dates in 2016 to 2025 whose recorded trial location is San Diego, California, ending in a conviction for wrongful drug use (Article 112a), compared with federal simple possession, the nearest federal charge (20). Federal: people sentenced in fiscal years 2016 to 2025 in the Southern District of California (U.S. Sentencing Commission district label "California South") under a conviction under 21 U.S.C. 844 (simple possession), the nearest federal charge (107). 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 (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare (overview)
- Federal Sentences in the Southern District of California, FY2016–2025 (the federal district)
- Child Pornography: Courts-Martial at San Diego vs. Federal Court in the Southern District of California (same installation)
- Child Sexual Abuse and Enticement: Courts-Martial at San Diego vs. Federal Court in the Southern District of California (same installation)
- Drug Possession: Courts-Martial at San Diego vs. Federal Court in the Southern District of California (same installation)
- Drug Distribution: Courts-Martial at San Diego vs. Federal Court in the Southern District of California (same installation)
- Theft and Fraud: Courts-Martial at San Diego vs. Federal Court in the Southern District of California (same installation)
- Obstruction of Justice: Courts-Martial at San Diego vs. Federal Court in the Southern District of California (same installation)
- Drug Use: Courts-Martial at Barksdale AFB vs. Federal Court in the Western District of Louisiana (other installations)
- Drug Use: Courts-Martial at Beale AFB vs. Federal Court in the Eastern District of California (other installations)
- Drug Use: Courts-Martial at Bremerton vs. Federal Court in the Western District of Washington (other installations)
- Drug Use: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina (other installations)
- Drug Use: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Drug Use: Federal Sentences vs. Army Courts-Martial
- Drug Use: Federal Sentences vs. Marine Corps Courts-Martial
- Army Article 112a Cases by the Numbers, 2021–2025 (court-martial data)
- What Sentence Follows an Army Drug Conviction? (court-martial data)
- How Often Are Contested Army Article 112a Cases Acquitted? (court-martial data)
- Guilty Pleas in Army Drug Cases: How Often, and What Came Next (court-martial data)
- Are Air Force Drug Courts-Martial Disappearing? Article 112a, 2016–2025 (court-martial data)
- How Much Confinement for an Article 112a Conviction in the Air Force? (court-martial data)
- Pleading Guilty to Article 112a in the Air Force: What Sentences Followed? (court-martial data)
- Is Navy-Marine Corps Drug Prosecution Rising or Falling? Article 112a, 2017–2025 (court-martial data)
- How Much Confinement for an Article 112a Conviction in the Navy-Marine Corps? (court-martial data)
- Fighting a Navy-Marine Corps Drug Charge: How Contested Cases Ended (court-martial data)
- When Navy-Marine Corps Accused Plead Guilty to Drug (court-martial data)
- Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends (court-martial data)
- Article 112a UCMJ Drug Offenses and Positive Urinalysis (law firm reference page)
- 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.