§2M6.1 Unlawful Activity Involving Nuclear Material, Weapons, or Facilities, Biological Agents, Toxins, or Delivery Systems, Chemical Weapons, or Other Weapons of Mass Destruction: Federal Sentences, FY2016–2025
Sentences under §2M6.1 were long. Of 38 people sentenced in federal court in fiscal years 2016 to 2025, 36 (95%) received a prison term, with a median of 120 months (10 years). 3 received a life sentence.
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In brief: Sentences under §2M6.1 were long. Of 38 people sentenced in federal court in fiscal years 2016 to 2025, 36 (95%) received a prison term, with a median of 120 months (10 years). 3 received a life sentence.
This post uses the U.S. Sentencing Commission's records of 38 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.
Prison Terms Under §2M6.1
The median prison term of 120 months (10 years) applies to the 36 people sent to prison. A quarter received 240 months or more, and a quarter received 36.8 months or less. 3 people received a life sentence.
Probation only, with no prison or other confinement, went to 2 people (5%). Prison terms are those imposed, not time served.
What the Guideline Covers
The Guidelines Manual titles §2M6.1 "Unlawful Activity Involving Nuclear Material, Weapons, or Facilities, Biological Agents, Toxins, or Delivery Systems, Chemical Weapons, or Other Weapons of Mass Destruction; Attempt or Conspiracy." The Sentencing Commission files all 38 cases under National Defense.
A case is counted when §2M6.1 was the primary guideline, the one that set the offense level for the most serious count.
Pleas and Trials
Of the 38 people, 32 (84%) pleaded guilty and 6 were convicted after a trial. Among the guilty pleas, 88% had a written plea agreement and 9% were straight pleas.
The median prison term after a guilty plea was 96 months. After a trial it was 470 months, based on 6 people. Both groups are small, and the records do not show what facts differed between the cases.
Mandatory Minimums
A mandatory minimum prison term applied to 9 people (24%). The rest of the group had no mandatory minimum prison term listed.
Supervised release followed prison for 36 people (95%). The median term was 36 months, and 7 people (18%) received supervised release for life.
Against the Guideline Range
Within the range were 42% (16). Below the range at the government's request were 29% (11), and below the range without a government request were 24% (9). Above the range were 5% (2).
A fine was ordered for 4 people (11%), and restitution for 5 (13%).
Criminal History
Criminal history was spread across the scale. In all, 50% were in the lowest category, category I, and 45% were in the highest, category VI. Court-martial records have no criminal history field.
Medians by Period
Fiscal years 2016 to 2019 had 24 people with a median prison term of 157.5 months. Fiscal years 2020 to 2025 had 14 people with a median prison term of 87 months. The later median is lower.
The table has no rows for fiscal years 2022 and 2024. The yearly figures range from 29 months in fiscal year 2025 to 360 months in fiscal year 2017, and each is based on a few people. The records cannot show why years differ.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 3 | 97 months | 2 of 3 |
| 2017 | 5 | 360 months | 3 of 5 |
| 2018 | 10 | 157.5 months | 80% |
| 2019 | 6 | 180 months | 6 of 6 |
| 2020 | 2 | 60 months | 2 of 2 |
| 2021 | 4 | 162 months | 3 of 4 |
| 2023 | 3 | 135 months | 3 of 3 |
| 2025 | 5 | 29 months | 5 of 5 |
Limits of the Records
The approved crosswalk has no close court-martial counterpart for this guideline, so only federal numbers appear. The data covers only people 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 §2M6.1 (38), 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)
- §2M5.2 Exportation of Arms, Munitions, or Military Equipment or Services Without Required Validated Export License: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2M5.3 Providing Material Support or Resources to Designated Foreign Terrorist Organizations or Specially Designated Global Terrorists, or For a Terrorist Purpose: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2M5.1 Evasion of Export Controls: Federal Sentences, FY2016–2025 (same guideline chapter part)
- §2M3.3 Transmitting National Defense Information: 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.