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# §2B2.3 Trespass: Federal Sentences, FY2016–2025
- URL: https://www.bodiesburied.com/trends/federal-guideline-2b2-3-trespass/
- Published: 2026-11-03T01:40:03.000Z
- Updated: 2026-11-03T01:40:03.000Z
- Description: Of 158 people sentenced under §2B2.3 from fiscal year 2016 to fiscal year 2025, 85 (54%) received a prison term, and the median was 2 months. 95% of sentences (150 people) were within the guideline range.
- 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

**In brief:** Of 158 people sentenced under §2B2.3 from fiscal year 2016 to fiscal year 2025, 85 (54%) received a prison term, and the median was 2 months. 95% of sentences (150 people) were within the guideline range.

Updated November 2, 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 158 people sentenced in federal court in fiscal years 2016 to 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](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/).

## Sentences Matched the Range

The sentence was within the guideline range for 150 of 158 people (95%). Only 6 (4%) were below the range without a government request, and 1 was below it at the government's request. 1 was above the range.

Sentences below the range were rare in this group. The records cannot show why trespass cases follow the range so closely.

## What §2B2.3 Covers

The Manual title is simply "Trespass." The Commission's offense type for all 158 cases is Burglary/Trespass.

The cases are those where §2B2.3 was the primary guideline, meaning it set the offense level for the most serious count. The approved crosswalk lists no close court-martial counterpart, so the post reports federal numbers only.

## Short Prison Terms

85 people (54%) were sentenced to prison, and 42 (27%) received probation only. The median prison term was 2 months. A quarter received 3.9 months or more, and a quarter received 1 month or less.

No mandatory minimum prison term applied to anyone. Terms are those imposed, not time served.

## Pleas and Trials

144 of 158 people (91%) pleaded guilty, and 14 were convicted after a trial. 90% of the guilty pleas had a written plea agreement, and 10% were straight pleas.

The median prison term was 2 months after a guilty plea and 3.3 months after a trial. The trial figure is based on 9 people.

## Supervised Release, Fines, and Restitution

76 people (48%) were ordered to serve supervised release after prison, with a median term of 12 months.

Restitution was ordered for 117 people (74%), and a fine for 39 (25%). Restitution was therefore much more common than fines. In criminal history, 83% were in the lowest category and 2% were in the highest.

## A Change in Volume

In fiscal years 2016 to 2019, 28 people were sentenced and the median prison term was 3.5 months. In fiscal years 2020 to 2025, 130 people were sentenced and the median was 2 months.

The count changed sharply inside the table. Fiscal years 2016 to 2021 each had 9 people or fewer. Fiscal year 2022 had 39, fiscal year 2023 had 33, and fiscal year 2024 had 41\. Fiscal year 2020 has no median listed, with only 2 people. The records cannot show what changed in the cases themselves.

The share who pleaded guilty also moved: 4 of 7 people in fiscal year 2016, 97% in fiscal year 2022, and 83% in fiscal year 2025\. The yearly medians ranged from 1.2 months in fiscal year 2021 to 6 months in fiscal year 2019, but the early years had very few people.

| 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%            |

## Limits

The files cover only people who were convicted and sentenced. They do not include acquittals or dismissals, or the places involved. Because most of the people were sentenced in fiscal years 2022 to 2025, the overall median is mostly a description of those years.

### How We Counted

Everyone sentenced in federal court in fiscal years 2016 to 2025 whose primary sentencing guideline was §2B2.3 (158), from the U.S. Sentencing Commission's 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)
- [§2B3.1 Robbery: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2b3-1-robbery/) (same guideline chapter part)
- [§2B5.1 Offenses Involving Counterfeit Bearer Obligations of the United States: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2b5-1-offenses-involving-counterfeit-bearer-obligations-of-the/) (same guideline chapter part)
- [§2B4.1 Bribery in Procurement of Bank Loan and Other Commercial Bribery: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2b4-1-bribery-in-procurement-of-bank-loan-and/) (same guideline chapter part)
- [§2B5.3 Criminal Infringement of Copyright or Trademark: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2b5-3-criminal-infringement-of-copyright-or-trademark/) (same guideline chapter part)
- [§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/) (same guideline chapter part)
- [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.