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# §2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, Fiscal Year 2021
- URL: https://www.bodiesburied.com/trends/federal-guideline-2b2-1-burglary-of-a-residence-or-a-structure-fy2021/
- Published: 2026-11-04T10:28:45.000Z
- Updated: 2026-11-04T10:28:45.000Z
- Description: 54 people were sentenced under §2B2.1 in fiscal year 2021, and the median prison term was 22.5 months. 50 (93%) received a prison term. 28% were sentenced below the guideline range at the government's request, and 46% were within it.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [§2B2.1 Burglary of a Residence or a Structure Other than a R](https://www.bodiesburied.com/trends/federal-guideline-2b2-1-burglary-of-a-residence-or-a-structure/) › §2B2.1: FY2021

**In brief:** 54 people were sentenced under §2B2.1 in fiscal year 2021, and the median prison term was 22.5 months. 50 (93%) received a prison term. 28% were sentenced below the guideline range at the government's request, and 46% were within it.

Updated November 4, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025

This post uses the U.S. Sentencing Commission's records of 54 people sentenced in federal court in fiscal year 2021\. 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/).

## Median Prison Term of 22.5 Months

For fiscal year 2021, the U.S. Sentencing Commission recorded 54 people whose primary guideline was §2B2.1, titled "Burglary of a Residence or a Structure Other than a Residence" in the Guidelines Manual. 50 (93%) were sentenced to prison, and 3 (6%) received probation only.

The median prison term among those sent to prison was 22.5 months. A quarter received 36 months or more, and a quarter received 11.3 months or less. Supervised release followed for 50 people (93%), with a median term of 36 months.

A mandatory minimum prison term applied to 2 of the 50 people with that information recorded (4%).

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2016        | 40               | 18 months     | 100%           |
| 2017        | 60               | 21 months     | 98%            |
| 2018        | 34               | 24 months     | 100%           |
| 2019        | 48               | 18 months     | 100%           |
| 2020        | 36               | 18 months     | 94%            |
| 2021        | 54               | 22.5 months   | 100%           |
| 2022        | 69               | 24 months     | 100%           |
| 2023        | 48               | 26.5 months   | 100%           |
| 2024        | 52               | 25.5 months   | 98%            |
| 2025        | 34               | 19 months     | 97%            |

## Government Requests and the Guideline Range

A sentence below the range can be at the government's request, for example when the government asks for a lower sentence in the case, or without one. 15 people (28%) were sentenced below the range at the government's request. 7 (13%) were below it without a request, and 7 (13%) were above the range. 25 people (46%) were within it.

The within-range share was 44% in fiscal year 2020 and 57% in fiscal year 2022\. For this guideline over fiscal years 2016 to 2025 it was 52%. For every guideline in fiscal year 2021 it was 43%.

## All 54 Pleaded Guilty

54 of 54 (100%) pleaded guilty, and 0 were convicted after a trial. 89% of the guilty pleas had a written plea agreement, and 11% were straight pleas.

A written plea agreement is a signed agreement between the defendant and the government, and a straight plea has no such agreement. The Commission's data includes only people who were convicted and sentenced. Cases that ended in acquittal or dismissal are not counted.

## Financial Orders and Criminal History

No fine was ordered for any of the 54 people. Restitution was ordered for 40 (74%).

31% were in criminal history category I, the lowest, and 17% were in category VI, the highest. Court-martial records have no criminal history field.

## Comparison With Other Years and Guidelines

Fiscal year 2020 had 36 people under this guideline and a median prison term of 18 months. Fiscal year 2022 had 69 people and a median of 24 months.

Across fiscal years 2016 to 2025, 475 people were sentenced under §2B2.1\. 92% went to prison, and 99% pleaded guilty. For all guidelines in fiscal year 2021, 57,287 people were sentenced, with a median prison term of 29 months.

## Caveats

Fiscal year 2021 ran from October 1, 2020 to September 30, 2021\. The Commission classifies these 54 cases as the offense type Burglary/Trespass. The approved crosswalk has no close court-martial counterpart for this guideline, so this post reports federal numbers only. Prison terms are the terms imposed, not time served. The records do not describe individual cases or the reasons for any sentence.

### How We Counted

Everyone sentenced in federal court in fiscal year 2021 whose primary sentencing guideline was §2B2.1 (54), 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](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)
- [§2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2b2-1-burglary-of-a-residence-or-a-structure/) (overview)
- [§2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, Fiscal Year 2020](https://www.bodiesburied.com/trends/federal-guideline-2b2-1-burglary-of-a-residence-or-a-structure-fy2020/) (previous or next fiscal year)
- [§2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, Fiscal Year 2022](https://www.bodiesburied.com/trends/federal-guideline-2b2-1-burglary-of-a-residence-or-a-structure-fy2022/) (previous or next fiscal year)
- [How Often Federal Judges Sentence Outside the Guideline Range](https://www.bodiesburied.com/trends/federal-sentences-outside-guideline-range/)
- [Mandatory Minimums: How Many Federal Sentences Are Set by Congress](https://www.bodiesburied.com/trends/federal-mandatory-minimum-sentences/)
- [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.