§2A6.2 Stalking or Domestic Violence: Federal Sentences, Fiscal Year 2016
In fiscal year 2016, 36 people were sentenced in federal court with §2A6.2 as the primary guideline. The median prison term was 24 months (2 years), the same as the 24 months for all federal cases that year and lower than the 35 months for this guideline across fiscal years 2016 to 2025.
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Trends › Federal Prosecution Analysis › §2A6.2 Stalking or Domestic Violence › §2A6.2: FY2016
In brief: In fiscal year 2016, 36 people were sentenced in federal court with §2A6.2 as the primary guideline. The median prison term was 24 months (2 years), the same as the 24 months for all federal cases that year and lower than the 35 months for this guideline across fiscal years 2016 to 2025.
This post uses the U.S. Sentencing Commission's records of 36 people sentenced in federal court in fiscal year 2016. 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 Median Prison Term of 24 Months
34 of the 36 people (94%) were sentenced to prison, and 2 (6%) received probation only. The median prison term for those sent to prison was 24 months. A quarter received 36.8 months or more, and a quarter received 15 months or less.
The median for all guidelines in fiscal year 2016 was also 24 months, when 67,742 people were sentenced. Across fiscal years 2016 to 2025, the median for §2A6.2 was 35 months for 656 people. Prison terms are the terms imposed, not time served.
Which Cases Are in This Count
The Sentencing Guidelines Manual titles §2A6.2 "Stalking or Domestic Violence." The U.S. Sentencing Commission places these 36 cases in the offense type Stalking/Harassing. A case is counted when §2A6.2 set the offense level for its most serious count.
Fiscal year 2016 ran from October 1, 2015 to September 30, 2016. This data includes only people who were convicted and sentenced.
Pleas and Trials
33 of the 36 people (92%) pleaded guilty, and 3 were convicted after a trial. Among the guilty pleas, 97% had a written plea agreement and 3% were straight pleas.
After a guilty plea, the median prison term was 24 months. After a trial it was 32 months, based on 3 people. That is a very small group, and it does not support a conclusion about trials.
Where Sentences Fell Against the Guideline Range
14 sentences (39%) were within the guideline range. 11 (31%) were below the range at the government's request, and 9 (25%) were below it without a government request. 2 sentences (6%) were above the range.
For all guidelines in fiscal year 2016, 49% of sentences were within the range. For §2A6.2 in fiscal year 2017, the figure was 53%.
Mandatory Minimums, Restitution, and Supervised Release
A mandatory minimum prison term applied to 2 of the 36 people with that information recorded (6%). 34 people (94%) were ordered to serve supervised release, with a median term of 36 months.
A fine was ordered for 3 people (8%), and restitution for 7 (19%). On criminal history, 58% were in category I, the lowest, and 6% were in category VI, the highest.
The Table for Fiscal Years 2016 to 2025
Fiscal year 2016 is the first year in the table. In fiscal year 2017, 43 people were sentenced under this guideline, with a median prison term of 37 months.
The table lists the count, median prison term, and plea rate for each year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 36 | 24 months | 92% |
| 2017 | 43 | 37 months | 88% |
| 2018 | 63 | 38.5 months | 92% |
| 2019 | 80 | 33 months | 98% |
| 2020 | 63 | 33 months | 92% |
| 2021 | 55 | 31 months | 96% |
| 2022 | 79 | 33 months | 91% |
| 2023 | 74 | 34 months | 92% |
| 2024 | 73 | 38 months | 92% |
| 2025 | 90 | 35.5 months | 89% |
What the Records Cannot Show
The Commission's files do not include acquittals or dismissed cases. They also do not describe the facts of any case or the reason for a sentence.
The approved crosswalk has no close court-martial counterpart for this guideline. This post reports the federal numbers on their own.
How We Counted
Everyone sentenced in federal court in fiscal year 2016 whose primary sentencing guideline was §2A6.2 (36), U.S. Sentencing Commission individual data files. The primary guideline is the one that set the offense level for the most serious count.
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)
- §2A6.2 Stalking or Domestic Violence: Federal Sentences, FY2016–2025 (overview)
- §2A6.2 Stalking or Domestic Violence: Federal Sentences, Fiscal Year 2017 (previous or next fiscal year)
- How Often Federal Judges Sentence Outside the Guideline Range
- Mandatory Minimums: How Many Federal Sentences Are Set by Congress
- 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.