§2B5.1 Offenses Involving Counterfeit Bearer Obligations of the United States: Federal Sentences, Fiscal Year 2018
Federal courts sentenced 228 people in fiscal year 2018 with §2B5.1, "Offenses Involving Counterfeit Bearer Obligations of the United States," as the primary guideline. 182 (80%) received prison and 33 (14%) received probation only. The median prison term was 18 months.
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Trends › Federal Prosecution Analysis › §2B5.1 Offenses Involving Counterfeit Bearer Obligations of › §2B5.1: FY2018
In brief: Federal courts sentenced 228 people in fiscal year 2018 with §2B5.1, "Offenses Involving Counterfeit Bearer Obligations of the United States," as the primary guideline. 182 (80%) received prison and 33 (14%) received probation only. The median prison term was 18 months.
This post uses the U.S. Sentencing Commission's records of 228 people sentenced in federal court in fiscal year 2018. 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.
80% Received Prison and 14% Received Probation Only
Of the 228 people, 182 (80%) were sentenced to prison. 33 (14%) received probation only, with no prison or other confinement. In fiscal year 2018 the prison share was lower than the 84% for all of fiscal years 2016 to 2025.
The median prison term for those sent to prison was 18 months. A quarter received 26.8 months or more, and a quarter received 9.2 months or less. The terms are imposed, not time served.
One Person Went to Trial
227 of 228 people (more than 99%) pleaded guilty, and 1 was convicted after a trial. The median prison term after a guilty plea was 18 months. The 1 person convicted at trial received 33 months.
A single case is not a basis for comparing trials with pleas. Among the guilty pleas, 88% had a written plea agreement and 12% were straight pleas.
Position Against the Guideline Range
All 228 people had range information. 59% (135) were within the range. 25% (57) were below it without a government request, and 15% (35) were below it at the government's request. Less than 1% (1) was above it.
Across all guidelines in 2018, 51% were within the range. A mandatory minimum prison term applied to 5 of the 228 people (2%).
Supervised Release, Restitution, and Fines
175 people (77%) were ordered to serve supervised release after prison, with a median term of 36 months. Restitution was ordered for 136 (60%), and a fine for 10 (4%).
Criminal History
28% were in criminal history category I, the lowest, and 18% were in category VI, the highest. Court-martial records have no criminal history field.
The Count and the Surrounding Years
The U.S. Sentencing Commission counts people by primary guideline, which is the guideline that set the offense level for the most serious count. Fiscal year 2018 ran from October 1, 2017 to September 30, 2018. The Commission placed the 228 cases in its Forgery/Counter/Copyright category and counts only people who were convicted and sentenced.
In 2017, 238 people were sentenced under §2B5.1, with a median of 15 months. In 2019, 229 were sentenced, with a median of 15 months. For fiscal years 2016 to 2025 together, 1,486 people were sentenced, the median was 18 months, 99% pleaded guilty, and 57% were within the range.
For all guidelines in 2018, there were 69,425 people and the median prison term was 24 months. The table lists each year under §2B5.1.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 280 | 18 months | 97% |
| 2017 | 238 | 15 months | 99% |
| 2018 | 228 | 18 months | more than 99% |
| 2019 | 229 | 15 months | more than 99% |
| 2020 | 160 | 18 months | 99% |
| 2021 | 98 | 15 months | 99% |
| 2022 | 86 | 19.5 months | 99% |
| 2023 | 67 | 20 months | 99% |
| 2024 | 60 | 18 months | 97% |
| 2025 | 40 | 22.5 months | 98% |
Limits of the Data
The data cannot explain why the prison share was lower in 2018 or describe the facts of any case. The approved crosswalk has no close court-martial counterpart, so only federal numbers are reported.
How We Counted
Everyone sentenced in federal court in fiscal year 2018 whose primary sentencing guideline was §2B5.1 (228), 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)
- §2B5.1 Offenses Involving Counterfeit Bearer Obligations of the United States: Federal Sentences, FY2016–2025 (overview)
- §2B5.1 Offenses Involving Counterfeit Bearer Obligations of the United States: Federal Sentences, Fiscal Year 2017 (previous or next fiscal year)
- §2B5.1 Offenses Involving Counterfeit Bearer Obligations of the United States: Federal Sentences, Fiscal Year 2019 (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.