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# §2N1.1 Tampering or Attempting to Tamper Involving Risk of Death or Bodily Injury: Federal Sentences, Fiscal Year 2022
- URL: https://www.bodiesburied.com/trends/federal-guideline-2n1-1-tampering-or-attempting-to-tamper-involving-risk-fy2022/
- Published: 2026-11-04T10:58:30.000Z
- Updated: 2026-11-04T10:58:30.000Z
- Description: In fiscal year 2022, 14 people were sentenced under §2N1.1, and 13 (93%) pleaded guilty. The median prison term was 36 months (3 years), and 13 of the 14 (93%) were sent to prison. 2 sentences (14%) were within the guideline range.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [§2N1.1 Tampering or Attempting to Tamper Involving Risk of D](https://www.bodiesburied.com/trends/federal-guideline-2n1-1-tampering-or-attempting-to-tamper-involving-risk/) › §2N1.1: FY2022

**In brief:** In fiscal year 2022, 14 people were sentenced under §2N1.1, and 13 (93%) pleaded guilty. The median prison term was 36 months (3 years), and 13 of the 14 (93%) were sent to prison. 2 sentences (14%) were within the guideline range.

Updated November 4, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025

This post uses the U.S. Sentencing Commission's records of 14 people sentenced in federal court in fiscal year 2022\. 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](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/).

## Guilty Plea Versus Trial in Fiscal Year 2022

13 of the 14 people (93%) sentenced under this guideline in fiscal year 2022 pleaded guilty, and 1 was convicted after a trial. Among those who pleaded guilty, 85% had a written plea agreement and 15% were straight pleas.

The median prison term after a guilty plea was 30 months. For the 1 person convicted after a trial, it was 36 months. A single trial case cannot show a general difference between trial and plea sentences.

The data covers only people who were convicted and sentenced, so charges that ended in acquittal or dismissal are not counted.

## Prison Time and Supervised Release

13 of the 14 people (93%) received a prison term, and 1 (7%) received probation only, with no prison or other confinement. The median prison term was 36 months, or 3 years.

A quarter of those sent to prison received 48 months or more, and a quarter received 18 months or less. 13 people (93%) were ordered to serve supervised release after prison, and the median term was 36 months.

## Position of Sentences Against the Guideline Range

2 of the 14 sentences (14%) were within the range. 5 (36%) were below it at the government's request, and 7 (50%) were below it without a government request. None was above the range.

Fiscal year 2021 had 0% within the range, and fiscal year 2023 had 0%. The 14% in fiscal year 2022 was higher than both and higher than the 5% for all years from 2016 to 2025\. No mandatory minimum applied to any of the 14 people.

## Fines, Restitution, and Criminal History

A fine was ordered for 4 people (29%), and restitution for 3 (21%). 79% of the people were in the lowest criminal history category, category I, and 0% were in the highest, category VI. This measure is not recorded in court-martial files.

## Fiscal Year 2022 Against Other Years and All Guidelines

Fiscal year 2022 ran from October 1, 2021 to September 30, 2022\. Across fiscal years 2016 to 2025, 116 people were sentenced under §2N1.1\. The median prison term was 26 months, 82% were sent to prison, and 98% pleaded guilty. The 2022 median was higher than 26 months.

For all guidelines in fiscal year 2022, 64,142 people were sentenced. The median prison term was 30 months, 97% pleaded guilty, and 42% of sentences were within the range.

In the yearly table, fiscal year 2021 had 15 people and fiscal year 2023 had 19.

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2016        | 4                | 21 months     | 4 of 4         |
| 2017        | 8                | 20 months     | 8 of 8         |
| 2018        | 10               | 30 months     | 90%            |
| 2019        | 11               | 36 months     | 100%           |
| 2020        | 13               | 46 months     | 100%           |
| 2021        | 15               | 24 months     | 100%           |
| 2022        | 14               | 36 months     | 93%            |
| 2023        | 19               | 36 months     | 100%           |
| 2024        | 10               | 13 months     | 100%           |
| 2025        | 12               | 12 months     | 100%           |

## Scope and Limits

The Manual title of §2N1.1 is "Tampering or Attempting to Tamper Involving Risk of Death or Bodily Injury," and the Commission classifies the cases as Food and Drug offenses. The records do not describe what any person did. The crosswalk has no close court-martial counterpart, so this post reports federal figures alone.

### How We Counted

Everyone sentenced in federal court in fiscal year 2022 whose primary sentencing guideline was §2N1.1 (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](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article)
- [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts)
- [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method)
- [§2N1.1 Tampering or Attempting to Tamper Involving Risk of Death or Bodily Injury: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2n1-1-tampering-or-attempting-to-tamper-involving-risk/) (overview)
- [§2N1.1 Tampering or Attempting to Tamper Involving Risk of Death or Bodily Injury: Federal Sentences, Fiscal Year 2021](https://www.bodiesburied.com/trends/federal-guideline-2n1-1-tampering-or-attempting-to-tamper-involving-risk-fy2021/) (previous or next fiscal year)
- [§2N1.1 Tampering or Attempting to Tamper Involving Risk of Death or Bodily Injury: Federal Sentences, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-guideline-2n1-1-tampering-or-attempting-to-tamper-involving-risk-fy2023/) (previous or next fiscal year)
- [How Often Federal Judges Sentence Outside the Guideline Range](https://www.bodiesburied.com/trends/federal-sentences-outside-guideline-range/)
- [Mandatory Minimums: How Many Federal Sentences Are Set by Congress](https://www.bodiesburied.com/trends/federal-mandatory-minimum-sentences/)
- [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source)
- [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.