§2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, Fiscal Year 2022
Fiscal year 2022 had the largest count in the table for §2B2.1: 69 people. 61 (88%) received a prison term, and the median prison term was 24 months (2 years). 69 of 69 pleaded guilty.
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Trends › Federal Prosecution Analysis › §2B2.1 Burglary of a Residence or a Structure Other than a R › §2B2.1: FY2022
In brief: Fiscal year 2022 had the largest count in the table for §2B2.1: 69 people. 61 (88%) received a prison term, and the median prison term was 24 months (2 years). 69 of 69 pleaded guilty.
This post uses the U.S. Sentencing Commission's records of 69 people sentenced in federal court in fiscal year 2022. 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.
The Largest Group in the Table
The U.S. Sentencing Commission counted 69 people in fiscal year 2022 whose primary guideline was §2B2.1. The Guidelines Manual titles it "Burglary of a Residence or a Structure Other than a Residence." A case is counted here when this was the primary guideline, meaning the one that set the offense level for the most serious count. The table below shows 69 as the highest yearly count for fiscal years 2016 to 2025.
61 of the 69 people (88%) were sentenced to prison. 6 (9%) received probation only, with no prison or other confinement.
| 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% |
Length of Prison Terms
Among those sent to prison, the median prison term was 24 months (2 years). A quarter received 33 months or more, and a quarter received 18 months or less.
61 people (88%) were ordered to serve supervised release after prison, with a median term of 36 months. A mandatory minimum prison term applied to 1 of the 63 people with that information recorded (2%).
Within-Range Sentences
39 people (57%) were sentenced within the guideline range. 15 (22%) were below it at the government's request, 9 (13%) were below it without a request, and 6 (9%) were above it.
The within-range share for every guideline in fiscal year 2022 was 42%. For this guideline across fiscal years 2016 to 2025 it was 52%. Fiscal year 2021 had 46% within the range, and fiscal year 2023 had 52%.
Pleas
Every person in the group pleaded guilty (100%), and 0 were convicted after a trial. 91% of the guilty pleas had a written plea agreement, and 9% were straight pleas.
The data includes only people who were convicted and sentenced, so acquittals and dismissals are not part of it.
Restitution, Fines, and Criminal History
Restitution was ordered for 36 people (52%), and a fine for 3 (4%). The records do not give dollar amounts. They show only whether an order was made.
22% were in criminal history category I, the lowest, and 22% were in category VI, the highest. Court-martial records have no criminal history field.
Context From Other Years
Fiscal year 2021 had 54 people under §2B2.1 and a median prison term of 22.5 months. Fiscal year 2023 had 48 people and a median of 26.5 months. Over all fiscal years from 2016 to 2025, 475 people were sentenced under this guideline, and the median prison term was 21 months.
All guidelines combined in fiscal year 2022 covered 64,142 people, with a median prison term of 30 months and 97% guilty pleas.
Scope
Fiscal year 2022 ran from October 1, 2021 to September 30, 2022. The Commission classifies the 69 cases as the offense type Burglary/Trespass. The approved crosswalk has no close court-martial counterpart for this guideline, so only federal numbers appear here.
How We Counted
Everyone sentenced in federal court in fiscal year 2022 whose primary sentencing guideline was §2B2.1 (69), 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)
- §2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, FY2016–2025 (overview)
- §2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, Fiscal Year 2021 (previous or next fiscal year)
- §2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, Fiscal Year 2023 (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.