§2J1.6 Failure to Appear by Defendant: Federal Sentences, Fiscal Year 2016
All 41 people sentenced under guideline §2J1.6 in fiscal year 2016 received a prison term, and the median prison term was 12 months. Of the 41, 34 (83%) pleaded guilty and 7 were convicted after a trial.
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In brief: All 41 people sentenced under guideline §2J1.6 in fiscal year 2016 received a prison term, and the median prison term was 12 months. Of the 41, 34 (83%) pleaded guilty and 7 were convicted after a trial.
This post uses the U.S. Sentencing Commission's records of 41 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.
Every Person Sentenced Received Prison
The U.S. Sentencing Commission counted 41 people in fiscal year 2016 whose primary guideline was §2J1.6, titled "Failure to Appear by Defendant" in the Guidelines Manual. All 41 (100%) received a prison term. None received probation only.
The median prison term was 12 months. A quarter received 18 months or more, and a quarter received 8 months or less. Across all fiscal years 2016 to 2025, 98% of people sentenced under this guideline were sent to prison, and the median was also 12 months.
The Lowest Guilty Plea Rate in the Table
Of the 41 people, 34 (83%) pleaded guilty, and 7 were convicted after a trial. The guilty plea rate across all years for this guideline is 95%, so the 2016 rate was lower.
The median prison term after a guilty plea was 13 months. After a trial it was 6 months, based on 7 people. A group of 7 is small, so the difference between those medians should not be read as a general pattern. The records do not show why the terms differed.
Among those who pleaded guilty, 59% had a written plea agreement, and 38% pleaded guilty with no agreement.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 41 | 12 months | 83% |
| 2017 | 40 | 13.5 months | 98% |
| 2018 | 30 | 12 months | 100% |
| 2019 | 34 | 13.7 months | 94% |
| 2020 | 24 | 15 months | 92% |
| 2021 | 24 | 13.5 months | 100% |
| 2022 | 27 | 10 months | 96% |
| 2023 | 31 | 12 months | 97% |
| 2024 | 30 | 12 months | 100% |
| 2025 | 29 | 12 months | 93% |
Sentences and the Guideline Range
For 26 people (63%), the sentence was within the guideline range. It was below the range at the government's request for 2 (5%), and below the range without a government request for 11 (27%). Another 2 (5%) were above the range.
The share within the range for all years under this guideline is 61%. For all federal cases in 2016, the share was 49%.
Mandatory Minimums and Supervised Release
A mandatory minimum prison term applied to 3 of the 40 people with that information recorded (8%). Supervised release after prison was ordered for 33 of the 41 (80%), with a median term of 36 months.
A fine was ordered for 2 people (5%), and restitution for 1 (2%).
Criminal History
In criminal history category I, the lowest, were 20% of the group, and 20% were in category VI, the highest. Court-martial records have no criminal history field, so the military side cannot be compared on this point.
The Federal Caseload as a Whole
Everyone sentenced in federal court in fiscal year 2016, under every guideline, totaled 67,742 people. Their median prison term was 24 months, and 97% pleaded guilty. The 12-month median here was lower than the overall median.
The Commission classes the 41 §2J1.6 cases as Administration of Justice offenses. Over fiscal years 2016 to 2025, 310 people were sentenced under this guideline. The next year, 2017, had 40 people and a median of 13.5 months.
What the Records Do Not Show
Fiscal year 2016 ran from October 1, 2015 to September 30, 2016. The data covers only people who were convicted and sentenced. Prison terms are those imposed, not time served.
There is no close court-martial counterpart for this guideline in the approved crosswalk, so this post reports the federal numbers on their own. The records do not show the facts of any case.
How We Counted
Everyone sentenced in federal court in fiscal year 2016 whose primary sentencing guideline was §2J1.6 (41), 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)
- §2J1.6 Failure to Appear by Defendant: Federal Sentences, FY2016–2025 (overview)
- §2J1.6 Failure to Appear by Defendant: 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.