§2B2.1 Burglary of a Residence or a Structure Other than a Residence: Federal Sentences, Fiscal Year 2025
6 of the 34 people sentenced under §2B2.1 in fiscal year 2025 (18%) received probation only. 28 (82%) were sentenced to prison, and the median prison term was 19 months. 33 people (97%) pleaded guilty, and 1 was convicted after a trial.
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Trends › Federal Prosecution Analysis › §2B2.1 Burglary of a Residence or a Structure Other than a R › §2B2.1: FY2025
In brief: 6 of the 34 people sentenced under §2B2.1 in fiscal year 2025 (18%) received probation only. 28 (82%) were sentenced to prison, and the median prison term was 19 months. 33 people (97%) pleaded guilty, and 1 was convicted after a trial.
This post uses the U.S. Sentencing Commission's records of 34 people sentenced in federal court in fiscal year 2025. 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.
Probation Only for 6 People
The U.S. Sentencing Commission counted 34 people in fiscal year 2025 whose primary guideline was §2B2.1, which the Guidelines Manual titles "Burglary of a Residence or a Structure Other than a Residence." 6 of them (18%) received probation only, with no prison or other confinement.
The other 28 (82%) received a prison term. Over fiscal years 2016 to 2025, 92% of the people sentenced under this guideline went to prison. A group of 34 is small, so the share is not a trend.
How Long Were the Prison Terms?
Among those sent to prison, the median prison term was 19 months. A quarter received 36.2 months or more, and a quarter received 14.5 months or less. Supervised release followed for 28 people (82%), with a median term of 36 months.
Fiscal year 2024 had a median of 25.5 months, which is higher than the 19 months here. Across all years for this guideline, the median was 21 months. A mandatory minimum prison term applied to 0 of the 29 people with that information recorded.
| 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% |
The One Trial Conviction
1 person was convicted after a trial, and the prison term was 120 months. The median after a guilty plea was 18 months. A single sentence cannot show how trial and plea sentences differ.
88% of the guilty pleas had a written plea agreement, and 12% were straight pleas. The Commission's data does not include acquittals or dismissals.
Position Against the Guideline Range
15 people (44%) were within the guideline range. 12 (35%) were below it without a government request, and 4 (12%) were below it at the government's request. 3 (9%) were above it.
Fiscal year 2024 had 48% within the range. For all guidelines in fiscal year 2025 the figure was 51%, and for this guideline over fiscal years 2016 to 2025 it was 52%.
Fines, Restitution, and Criminal History
A fine was ordered for 3 people (9%), and restitution for 18 (53%). 35% were in criminal history category I, the lowest, and 24% were in category VI, the highest. Court-martial records have no criminal history field.
The Wider Federal Numbers
Over fiscal years 2016 to 2025, 475 people were sentenced under §2B2.1, and 99% pleaded guilty. All guidelines combined in fiscal year 2025 covered 66,662 people, with a median prison term of 24 months and 98% guilty pleas.
The Commission classifies the 34 cases here as the offense type Burglary/Trespass.
Limits
Fiscal year 2025 ran from October 1, 2024 to September 30, 2025. Prison terms are the terms imposed, not time served. The approved crosswalk has no close court-martial counterpart for this guideline, so only federal numbers appear here. The records do not describe individual cases.
How We Counted
Everyone sentenced in federal court in fiscal year 2025 whose primary sentencing guideline was §2B2.1 (34), 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.
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 2024 (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.