§2B2.3 Trespass: Federal Sentences, Fiscal Year 2025
In fiscal year 2025, 12 people were sentenced in federal court under §2B2.3, titled "Trespass." 4 of the 12 (33%) received a prison term, with a median of 3 months, and 4 (33%) received probation only. 10 pleaded guilty and 2 were convicted after a trial.
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Trends › Federal Prosecution Analysis › §2B2.3 Trespass › §2B2.3: FY2025
In brief: In fiscal year 2025, 12 people were sentenced in federal court under §2B2.3, titled "Trespass." 4 of the 12 (33%) received a prison term, with a median of 3 months, and 4 (33%) received probation only. 10 pleaded guilty and 2 were convicted after a trial.
This post uses the U.S. Sentencing Commission's records of 12 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.
A Small Group: 12 People Sentenced Under §2B2.3 in 2025
The U.S. Sentencing Commission recorded 12 people sentenced under §2B2.3 in fiscal year 2025, which ran from October 1, 2024 to September 30, 2025. That is a small number. Percentages in this post each stand for 1 person or a few people, and they should not be read as a trend.
The guideline is titled "Trespass" and the Commission groups these cases under Burglary/Trespass. The primary guideline is the one that set the offense level for the most serious count.
Prison Terms and Probation
4 of the 12 people (33%) were sent to prison, and 4 (33%) received probation only, with no prison or other confinement. The records here do not describe what happened to the other 4.
The median prison term among the 4 people sent to prison was 3 months. A quarter received 6.2 months or more, and a quarter received 0 months or less. A group of 4 is too small for these quartile figures to mean much.
4 people (33%) were ordered to serve supervised release after prison. The median term was 24 months.
Pleas, Trials, and What Followed Each
10 of the 12 (83%) pleaded guilty, and every one of the guilty pleas had a written plea agreement (100%). 2 people were convicted after a trial.
The median prison term after a guilty plea was 0 months. After a trial, it was 6.8 months, based on 1 person convicted at trial and sent to prison. These figures come from tiny groups and cannot support a comparison of plea and trial sentences.
The data counts only people who were convicted and sentenced. Acquittals and dismissals are not included.
Guideline Range, Mandatory Minimums, and Money
All 12 sentences (100%) were within the guideline range. No mandatory minimum applied to any of the 12 people.
A fine was ordered for 4 people (33%), and restitution was ordered for 8 (67%). All 12 people (100%) were in the lowest criminal history category, category I. Court-martial records have no criminal history field.
How 2025 Differs From Earlier Years
The previous year, fiscal year 2024, had 41 people under §2B2.3, a median prison term of 1.6 months, and 100% of sentences within the range. Fiscal year 2025 had fewer people and a higher median prison term.
Across fiscal years 2016 to 2025, 158 people were sentenced under this guideline. 54% went to prison, the median prison term was 2 months, 91% pleaded guilty, and 95% of sentences were within the range. In 2025, the share sent to prison was lower than 54%, and the share who pleaded guilty was lower than 91%.
The yearly table lists every year in the period. The counts moved from 2 and 3 in fiscal years 2020 and 2021, to 39, 33, and 41 in fiscal years 2022 to 2024, and then to 12.
| 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% |
Against All Federal Sentences in 2025
For every guideline in fiscal year 2025, 66,662 people were sentenced. The median prison term was 24 months, 98% pleaded guilty, and 51% of sentences were within the guideline range.
What Cannot Be Learned From These Numbers
The records do not show the facts of any trespass case or the reasons for a particular sentence. They also cannot show whether the lower count in 2025 reflects fewer cases or only the way the year was reported.
No close court-martial counterpart exists in the crosswalk, so the numbers stand alone as federal figures.
How We Counted
Everyone sentenced in federal court in fiscal year 2025 whose primary sentencing guideline was §2B2.3 (12), 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)
- §2B2.3 Trespass: Federal Sentences, FY2016–2025 (overview)
- §2B2.3 Trespass: 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.