§2E3.1 Gambling Offenses: Federal Sentences, Fiscal Year 2016
In fiscal year 2016, 80 people were sentenced in federal court with §2E3.1 as the primary guideline. Probation only was the sentence for 40 of them (50%), and 29 (36%) received a prison term. Among those sent to prison, the median prison term was 5.1 months.
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In brief: In fiscal year 2016, 80 people were sentenced in federal court with §2E3.1 as the primary guideline. Probation only was the sentence for 40 of them (50%), and 29 (36%) received a prison term. Among those sent to prison, the median prison term was 5.1 months.
This post uses the U.S. Sentencing Commission's records of 80 people sentenced in federal court in fiscal year 2016. 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.
Probation Only Was the Most Common Sentence
The U.S. Sentencing Commission recorded 80 people in fiscal year 2016 whose primary guideline was §2E3.1. The Guidelines Manual titles it "Gambling Offenses; Animal Fighting Offenses." The primary guideline is the one that set the offense level for the most serious count.
Of the 80 people, 40 (50%) received probation only, with no prison or other confinement. A prison term went to 29 (36%). Across all fiscal years 2016 to 2025 under this guideline, 57% were sent to prison, so the 2016 share was lower.
The Commission classed all 80 cases in the offense type Commercialized Vice. The fiscal year ran from October 1, 2015 to September 30, 2016.
Short Prison Terms
The median prison term among the 29 people sent to prison was 5.1 months. A quarter received 9 months or more, and a quarter received 0.1 months or less. The terms are those imposed, not time served.
The median for all fiscal years 2016 to 2025 was 12 months, which was higher than the 2016 median. The next year, fiscal year 2017, had a median of 5.5 months.
After prison, 24 people (30%) were ordered to serve supervised release, with a median term of 36 months.
Guilty Pleas and Trials
A total of 74 of the 80 people (93%) pleaded guilty, and 6 were convicted after a trial. Among guilty pleas, 92% had a written plea agreement and 7% were straight pleas.
The median prison term after a guilty plea was 5 months. After a trial it was 33 months, based on 3 people convicted at trial and sent to prison. That group is too small to say much about trials in general.
Range Placement and Mandatory Minimums
Within the guideline range were 34% (27) of the 80 people. Below the range at the government's request were 31% (25), and below it without a government request were 35% (28). No one was above the range.
A mandatory minimum prison term applied to 0 of the 80 people with that information recorded. A fine was ordered for 26 people (33%), and restitution for 3 (4%).
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 80 | 5.1 months | 93% |
| 2017 | 65 | 5.5 months | 100% |
| 2018 | 79 | 7 months | 100% |
| 2019 | 29 | 24 months | 76% |
| 2020 | 22 | 10 months | 95% |
| 2021 | 59 | 12 months | 98% |
| 2022 | 39 | 18 months | 100% |
| 2023 | 64 | 12 months | 100% |
| 2024 | 41 | 18 months | 95% |
| 2025 | 66 | 9 months | 98% |
Prior Record and the Federal Totals
In criminal history, 76% were in the lowest category (Category I) and 1% in the highest (Category VI). Court-martial records have no criminal history field.
Everyone sentenced in federal court in fiscal year 2016 totaled 67,742 people. Their median prison term was 24 months, 97% pleaded guilty, and 49% were within the range. Under §2E3.1 for all years, 544 people were sentenced, 97% pleaded guilty, and 38% were within the range.
Limits of the Records
The Commission data counts only people who were convicted and sentenced. Acquittals and dismissals are not in it.
There is no close court-martial counterpart for this guideline in the approved crosswalk, so this post reports the federal numbers on their own.
How We Counted
Everyone sentenced in federal court in fiscal year 2016 whose primary sentencing guideline was §2E3.1 (80), 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)
- §2E3.1 Gambling Offenses: Federal Sentences, FY2016–2025 (overview)
- §2E3.1 Gambling Offenses: Federal Sentences, Fiscal Year 2017 (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.