> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Drug Use Sentences in 2017: Federal Court vs. Courts-Martial - URL: https://www.bodiesburied.com/trends/federal-drug-use-sentences-vs-courts-martial-2017/ - Published: 2026-11-03T06:09:59.000Z - Updated: 2026-11-03T06:09:59.000Z - Description: Confinement rates for drug cases were close in 2017: 81% of the 153 Article 112a court-martial convictions included confinement, and 77% of the 1,343 people sentenced in federal court for simple possession received a prison term. The terms were not close. The median court-martial confinement was 3 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: 2017 **In brief:** Confinement rates for drug cases were close in 2017: 81% of the 153 Article 112a court-martial convictions included confinement, and 77% of the 1,343 people sentenced in federal court for simple possession received a prison term. The terms were not close. The median court-martial confinement was 3 months, and the median federal prison term was 6 months. 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 1,343 people sentenced in federal court in fiscal year 2017, 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/). ## How Often Confinement Was Imposed in 2017 At courts-martial, 124 of the 153 drug use convictions with a sentence recorded included confinement. A quarter of those convicted received 4.9 months or more. In federal fiscal year 2017, 1,040 of the 1,343 people sentenced under 21 U.S.C. 844 received a prison term. Among them, a quarter received 6 months or more, and a quarter received 3 months or less. 295 people (22%) received probation only, with no prison or other confinement. The federal group also includes 1 life sentence. Simple possession is the nearest federal charge to wrongful drug use under Article 112a, but it is not the same offense. | | Courts-martial, 2017 | Federal court, FY2017 | | ---------------------------------- | ---------------------------------- | ------------------------------------- | | Convictions or people sentenced | 153 | 1,343 | | Sentenced to confinement or prison | 81% | 77% | | Median confinement or prison | 3 months | 6 months | | A quarter received this or more | 4.9 months | 6 months | | Pleaded guilty | 5 of 50 with a plea recorded (10%) | more than 99% | | Mandatory minimum applied | See the caveats | 25 of 1,161 with the information (2%) | ## Which Services Had Drug Use Convictions Air Force cases made up 147 of the 153 convictions. The Marine Corps had 4, and the Navy had 2\. The data has no Army records before 2020. 25 convictions (16%) came from a general court-martial. The others were tried at lower levels of court-martial. ## What Followed a Guilty Plea at Court-Martial? A plea is listed for 50 of the 153 court-martial convictions in 2017\. Only 5 of those 50 (10%) were guilty pleas. The median confinement after those guilty pleas was 12 months, based on 5 cases with confinement. Contested cases that ended in conviction had a median of 2 months, based on 21 cases. With so few guilty pleas on record, the 12-month figure describes only a handful of sentences and is not a general rule. ## Federal Pleas and Trial Sentences In federal court, 1,331 of the 1,343 people pleaded guilty, more than 99%. 12 were convicted after a trial. The median prison term after a guilty plea was 6 months. After a trial it was 18.4 months, based on 10 people convicted at trial and sent to prison. Of the federal guilty pleas, 79% included a written plea agreement. Another 19% were straight pleas, entered without any agreement. ## Discharge From the Service A punitive discharge went to 63 of the 147 enlisted members convicted, or 43%. Of those, 3 were dishonorable discharges and 60 were bad-conduct discharges. 6 officers were convicted, and 4 of them were dismissed. Dismissal is the officer form of a punitive discharge. These penalties have no equal in a federal sentence. ## Guidelines, Minimums, and Other Federal Terms Guideline information exists for 1,241 of the federal defendants. 88% (1,087) received a sentence within the guideline range, and 9% (114) received one above it. 1% (16) were below the range at the government's request, and 2% (24) were below it without such a request. A mandatory minimum prison term applied to 25 people (2%). Supervised release after prison was ordered for 115 (9%), with a median term of 12 months. Fines were ordered for 247 people (18%), and restitution for 10. In criminal history, 86% were in category I, the lowest, and 2% were in category VI, the highest. Court-martial records do not include criminal history. ## Limits of the 2017 Comparison The court-martial numbers cover calendar year 2017 by trial date. Federal fiscal year 2017 covered October 1, 2016 to September 30, 2017\. One side counts convictions, and the other counts people sentenced. Over all years in the data, courts-martial produced 1,071 drug use convictions from 2016 to 2025, with a median confinement of 3 months. Federal court sentenced 6,268 people for simple possession in fiscal years 2016 to 2025, with a median prison term of 6 months. The 2017 medians match those longer-run figures on both sides. Court-martial confinement here is the sentence adjudged at trial, before clemency or appeal. Federal terms are those imposed, not time served. Neither set of records explains the reasons behind any sentence. | Fiscal year | People sentenced | Median prison | Pleaded guilty | | ----------- | ---------------- | ------------- | -------------- | | 2016 | 1,917 | 6 months | more than 99% | | 2017 | 1,343 | 6 months | more than 99% | | 2018 | 820 | 6 months | 99% | | 2019 | 614 | 5.9 months | 98% | | 2020 | 484 | 5.9 months | 97% | | 2021 | 342 | 0.5 months | 97% | | 2022 | 339 | 1 months | 96% | | 2023 | 159 | 1.1 months | 95% | | 2024 | 128 | 0.4 months | 95% | | 2025 | 122 | 0.4 months | 96% | ### How We Counted Courts-martial with a trial date in 2017 ending in a conviction for wrongful drug use (Article 112a), compared with federal simple possession, the nearest federal charge (153). Federal: people sentenced in fiscal year 2017 under a conviction under 21 U.S.C. 844 (simple possession), the nearest federal charge (1,343), U.S. Sentencing Commission. 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) - [Drug Use Sentences in 2016: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-use-sentences-vs-courts-martial-2016/) (previous or next year) - [Drug Use Sentences in 2018: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-drug-use-sentences-vs-courts-martial-2018/) (previous or next year) - [Drug Use Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far](https://www.bodiesburied.com/trends/federal-drug-use-2023-sentencing-reform-so-far/) - [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/) - [Drug Use: Federal Sentences vs. Navy Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-use-vs-navy/) - [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/) - [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/) - [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/) - [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.