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# §2B2.3 Trespass: Federal Sentences, Fiscal Year 2023
- URL: https://www.bodiesburied.com/trends/federal-guideline-2b2-3-trespass-fy2023/
- Published: 2026-11-04T10:57:57.000Z
- Updated: 2026-11-04T10:57:57.000Z
- Description: Of the 33 people sentenced in federal court in fiscal year 2023 under §2B2.3 ("Trespass"), 22 (67%) received a prison term. The median prison term was 2 months. 29 of the 33 (88%) pleaded guilty, and 4 were convicted after a trial.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [§2B2.3 Trespass](https://www.bodiesburied.com/trends/federal-guideline-2b2-3-trespass/) › §2B2.3: FY2023

**In brief:** Of the 33 people sentenced in federal court in fiscal year 2023 under §2B2.3 ("Trespass"), 22 (67%) received a prison term. The median prison term was 2 months. 29 of the 33 (88%) pleaded guilty, and 4 were convicted after a trial.

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 33 people sentenced in federal court in fiscal year 2023\. 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/).

## Prison Was the Most Common Outcome Under §2B2.3 in 2023

In fiscal year 2023, 22 of the 33 people sentenced under this guideline (67%) received a prison term. 5 (15%) received probation only, with no prison or other confinement. The records here do not describe the remaining people.

The median prison term among those sent to prison was 2 months. A quarter received 3.4 months or more, and a quarter received 1 months or less. These are the terms imposed, not time served.

The fiscal year ran from October 1, 2022 to September 30, 2023\. The guideline is titled "Trespass" and falls in the U.S. Sentencing Commission's Burglary/Trespass offense type.

## Plea Agreements and Trials

29 people (88%) pleaded guilty and 4 went to trial and were convicted. Among those who pleaded guilty, 90% had a written plea agreement and 10% entered straight pleas with no agreement.

The median prison term after a guilty plea was 2 months. After a trial it was 2.7 months, but that figure rests on 2 people convicted at trial and sent to prison. A group of 2 cases is too small to show a pattern.

The Commission counts only people who were convicted and sentenced. Anyone acquitted or whose case was dismissed does not appear.

## Where the Sentences Fell Against the Guideline Range

29 of the 33 sentences (88%) were within the guideline range. 1 (3%) was below the range at the government's request, and 3 (9%) were below the range without a government request. None was above the range.

No mandatory minimum applied to any of the 33 people with that information recorded. The previous year, fiscal year 2022, had 100% of sentences within the range, and the next year, fiscal year 2024, also had 100%.

## Supervised Release, Fines, and Restitution

19 people (58%) were ordered to serve supervised release after prison, with a median term of 12 months. A fine was ordered for 5 (15%).

Restitution was ordered for 31 of the 33 people (94%). That is a much larger share than the share who received fines.

In criminal history, 79% were in the lowest category, category I, and 0% were in the highest, category VI. Court-martial records have no criminal history field.

## How Does 2023 Compare With the Full Period?

From fiscal years 2016 to 2025, 158 people were sentenced under §2B2.3\. 54% were sent to prison, the median prison term was 2 months, 91% pleaded guilty, and 95% of sentences were within the guideline range. In 2023, the share sent to prison was higher than that 54%, and the share within the range was lower than 95%.

The yearly table shows 39 people in fiscal year 2022 and 41 in fiscal year 2024\. Years before 2022 had between 2 and 9 people each. The jump in counts between 2021 and 2022 appears in the data. The records do not explain it.

For all guidelines combined in fiscal year 2023, 64,124 people were sentenced. The median prison term was 30 months, 97% pleaded guilty, and 42% of sentences were within the range.

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2016        | 7                | 2.8 months    | 4 of 7         |
| 2017        | 5                | 2.7 months    | 4 of 5         |
| 2018        | 7                | 4.4 months    | 7 of 7         |
| 2019        | 9                | 6 months      | 8 of 9         |
| 2020        | 2                | n/a           | 2 of 2         |
| 2021        | 3                | 1.2 months    | 3 of 3         |
| 2022        | 39               | 2.5 months    | 97%            |
| 2023        | 33               | 2 months      | 88%            |
| 2024        | 41               | 1.6 months    | 95%            |
| 2025        | 12               | 3 months      | 83%            |

## What the Numbers Do Not Cover

The records do not say what conduct was involved in any case or why one person received prison and another probation. They do not show whether 2023 marks a change, because the yearly counts are small and vary.

No close court-martial counterpart for this guideline exists in the crosswalk used here, so the post reports the federal numbers on their own.

### How We Counted

Everyone sentenced in federal court in fiscal year 2023 whose primary sentencing guideline was §2B2.3 (33), 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](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)
- [§2B2.3 Trespass: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2b2-3-trespass/) (overview)
- [§2B2.3 Trespass: Federal Sentences, Fiscal Year 2022](https://www.bodiesburied.com/trends/federal-guideline-2b2-3-trespass-fy2022/) (previous or next fiscal year)
- [§2B2.3 Trespass: Federal Sentences, Fiscal Year 2024](https://www.bodiesburied.com/trends/federal-guideline-2b2-3-trespass-fy2024/) (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.