§2J1.4 Impersonation: Federal Sentences, Fiscal Year 2018
Of the 14 people sentenced under §2J1.4 in fiscal year 2018, 11 (79%) received a prison term, a higher share than the 60% across all years of this guideline. The median prison term was 6 months. Only 1 person (7%) received probation only.
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In brief: Of the 14 people sentenced under §2J1.4 in fiscal year 2018, 11 (79%) received a prison term, a higher share than the 60% across all years of this guideline. The median prison term was 6 months. Only 1 person (7%) received probation only.
This post uses the U.S. Sentencing Commission's records of 14 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.
Prison Terms for 11 of 14 People
In fiscal year 2018, 11 of the 14 people (79%) sentenced under §2J1.4 received a prison term. One person (7%) received probation only, with no prison or other confinement.
The median prison term was 6 months. A quarter of those sent to prison received 10 months or more, and a quarter received 5.9 months or less. Prison terms are the terms imposed, not time served.
Supervised release after prison was ordered for 11 people (79%), with a median term of 12 months.
Plea Agreements and the Single Trial
In all, 13 of the 14 people (93%) pleaded guilty, and 1 was convicted after a trial. The records for this year do not give separate median prison terms for pleas and trials.
Among the guilty pleas, 69% had a written plea agreement and 31% were straight pleas with no agreement. No mandatory minimum prison term applied to any of the 14 people with that information recorded.
Against the Guideline Range
Within the range were 10 sentences (71%). Above the range were 2 (14%). Below the range at the government's request was 1 (7%), and below the range without a government request was 1 (7%).
Across all years of §2J1.4, 79% of sentences were within the range. For all guidelines in fiscal year 2018, the share was 51%. In fiscal year 2019, the next year, 92% of sentences under §2J1.4 were within the range.
Financial Orders and Criminal History
A fine was ordered for 1 person (7%). Restitution was ordered for 0 (0%).
In the lowest criminal history category I were 57% of the group, and 14% were in the highest category VI. Court-martial records have no criminal history field.
The Guideline and the Counting Rules
The Guidelines Manual titles §2J1.4 "Impersonation". The Commission files all 14 cases under its Administration of Justice offense type. Each person is counted under the primary guideline, which is the one that set the offense level for the most serious count.
Fiscal year 2018 ran from October 1, 2017 to September 30, 2018. Only people convicted and sentenced are in the data, so acquittals and dismissals are not.
Other Years and All Guidelines
In fiscal year 2019, 13 people were sentenced under §2J1.4, with a median prison term of 4 months. The all-years record for fiscal years 2016 to 2025 covers 110 people. Of those, 60% went to prison, the median prison term was 6.6 months, and 90% pleaded guilty.
For all guidelines in fiscal year 2018, 69,425 people were sentenced, the median prison term was 24 months, and 97% pleaded guilty. A count of 14 is small. The table lists every year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 17 | 12 months | 94% |
| 2017 | 7 | 3.6 months | 6 of 7 |
| 2018 | 14 | 6 months | 93% |
| 2019 | 13 | 4 months | 92% |
| 2020 | 13 | 5.5 months | 85% |
| 2021 | 13 | 18 months | 85% |
| 2022 | 8 | 8 months | 7 of 8 |
| 2023 | 9 | 1 months | 8 of 9 |
| 2024 | 7 | 12 months | 6 of 7 |
| 2025 | 9 | 22.5 months | 9 of 9 |
Limits
The records do not describe the conduct in any case. The crosswalk has no close court-martial counterpart for this guideline, so this post keeps to federal numbers.
How We Counted
Everyone sentenced in federal court in fiscal year 2018 whose primary sentencing guideline was §2J1.4 (14), 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)
- §2J1.4 Impersonation: Federal Sentences, FY2016–2025 (overview)
- §2J1.4 Impersonation: 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.