§2D1.12 Unlawful Possession, Manufacture, Distribution, Transportation, Exportation, or Importation of Prohibited Flask, Equipment, Chemical, Product, or Material: Federal Sentences, FY2016–2025
In fiscal years 2016 to 2025, 35 people were sentenced in federal court under §2D1.12. A prison term went to 25 (71%), with a median of 16 months, and 34 of the 35 pleaded guilty. Criminal history varied: 29% were in category I and 11% were in category VI.
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In brief: In fiscal years 2016 to 2025, 35 people were sentenced in federal court under §2D1.12. A prison term went to 25 (71%), with a median of 16 months, and 34 of the 35 pleaded guilty. Criminal history varied: 29% were in category I and 11% were in category VI.
This post uses the U.S. Sentencing Commission's records of 35 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 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.
Who Was Sentenced Under §2D1.12?
The Guidelines Manual titles §2D1.12 "Unlawful Possession, Manufacture, Distribution, Transportation, Exportation, or Importation of Prohibited Flask, Equipment, Chemical, Product, or Material; Attempt or Conspiracy." The title lists possession, manufacture, distribution, transportation, exportation, and importation of certain flasks, equipment, chemicals, products, or materials, and attempts or conspiracies.
The Sentencing Commission places all 35 cases in the offense type Other. A case is counted when §2D1.12 was the primary guideline, the one that set the offense level for the most serious count.
Prison and Probation
Prison went to 25 of 35 people (71%). Probation only, with no prison or other confinement, went to 7 (20%). Among those sent to prison, the median term was 16 months. A quarter received 27 months or more, and a quarter received 10 months or less.
These are terms imposed by the court, not time served.
One Trial, 34 Pleas
Only 1 person was convicted after a trial. The other 34 (97%) pleaded guilty. Among guilty pleas, 97% had a written plea agreement and 3% were straight pleas.
The median prison term after a guilty plea was 15.5 months. The one trial conviction had a prison term of 18 months. A single case cannot show how trial and plea sentences generally compare.
The Guideline Range and Mandatory Minimums
Within the range were 54% (19). Below the range at the government's request were 17% (6), and below the range without a government request were 23% (8). Above the range were 6% (2).
A mandatory minimum prison term applied to 1 person (3%).
Supervised Release, Fines, Restitution, and Criminal History
Supervised release was ordered for 25 people (71%), with a median term of 36 months. A fine was ordered for 3 (9%), and restitution for 1 (3%).
Only 29% were in the lowest criminal history category, category I, while 11% were in the highest, category VI. Court-martial records have no criminal history field.
Earlier Years and Later Years
Fiscal years 2016 to 2019 had 15 people with a median prison term of 21 months. Fiscal years 2020 to 2025 had 20 people with a median prison term of 13.5 months. The later median is lower.
The table shows no row for fiscal year 2019, and the yearly medians run from 1.5 months in fiscal year 2022 to 27 months in fiscal year 2021. Each year has between 1 and 7 people, so the swings reflect a few sentences.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 6 | 12.5 months | 6 of 6 |
| 2017 | 5 | 24 months | 4 of 5 |
| 2018 | 4 | 24 months | 4 of 4 |
| 2020 | 3 | 12 months | 3 of 3 |
| 2021 | 4 | 27 months | 4 of 4 |
| 2022 | 3 | 1.5 months | 3 of 3 |
| 2023 | 1 | 10 months | 1 of 1 |
| 2024 | 7 | 15 months | 7 of 7 |
| 2025 | 2 | 6 months | 2 of 2 |
Limits
The approved crosswalk has no close court-martial counterpart for this guideline, so no military comparison is made. The data counts only people who were convicted and sentenced. Acquittals and dismissals are not in it.
How We Counted
Everyone sentenced in federal court in fiscal years 2016 to 2025 whose primary sentencing guideline was §2D1.12 (35), 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.
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)
- §2D1.1 Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses): Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2D1.2 Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2D2.1 Unlawful Possession: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2D2.2 Acquiring a Controlled Substance by Forgery, Fraud, Deception, or Subterfuge: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2D1.11 Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical: Federal Sentences, FY2016–2025 (same guideline chapter part)
- 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.