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# §2X4.1 Misprision of Felony: Federal Sentences, Fiscal Year 2022
- URL: https://www.bodiesburied.com/trends/federal-guideline-2x4-1-misprision-of-felony-fy2022/
- Published: 2026-11-04T10:24:10.000Z
- Updated: 2026-11-04T10:24:10.000Z
- Description: In fiscal year 2022, 213 people were sentenced with §2X4.1 as the primary guideline, and all 213 pleaded guilty. Prison went to 125 (59%), probation only went to 81 (38%), and 46% were sentenced within the guideline range. The median prison term was 12 months.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [§2X4.1 Misprision of Felony](https://www.bodiesburied.com/trends/federal-guideline-2x4-1-misprision-of-felony/) › §2X4.1: FY2022

**In brief:** In fiscal year 2022, 213 people were sentenced with §2X4.1 as the primary guideline, and all 213 pleaded guilty. Prison went to 125 (59%), probation only went to 81 (38%), and 46% were sentenced within the guideline range. The median prison term was 12 months.

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 213 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/).

## Who Was Counted and How They Were Sentenced

The Sentencing Commission counted 213 people in fiscal year 2022 whose most serious count was sentenced under §2X4.1\. Of these, 125 (59%) were sent to prison. Another 81 (38%) were placed on probation only, with no prison or other confinement.

The median prison term was 12 months. A quarter of the prison terms were 18 months or more, and a quarter were 0.4 months or less. The terms are those imposed.

Supervised release was ordered for 116 people (54%), with a median term of 12 months.

## Restitution and Fines

Restitution was ordered for 32 people (15%), and a fine for 24 (11%). Restitution is payment to compensate for a loss.

The data counts how many people received each order. It does not give the dollar amounts. A person can receive a fine, restitution, both, or neither, so the counts should not be added together, because a person may be counted in both. The data does not give a combined count.

## The Guideline Range

A sentence within the range was imposed for 99 people (46%). A sentence below the range at the government's request was imposed for 61 (29%), and below the range without a government request for 47 (22%). A sentence above the range was imposed for 6 (3%).

The year before had 49% within the range, and the year after had 39%. Over 2016 to 2025, §2X4.1 had 48%, and all federal cases in fiscal year 2022 had 42%.

## No Trials, No Mandatory Minimums

All 213 pleaded guilty (100%), and 0 were convicted after a trial. Written plea agreements covered 98% of the pleas, and 2% were straight pleas.

A mandatory minimum prison term applied to 0 of the 213 people with that information recorded (0%).

In criminal history, 74% were in category I, the lowest, and 2% were in category VI, the highest.

## Title, Year, and Totals

§2X4.1 is titled "Misprision of Felony" in the Guidelines Manual, and its offense type in the Commission's data is Administration of Justice.

Fiscal year 2022 ran from October 1, 2021 to September 30, 2022\. All federal cases that year, under every guideline, numbered 64,142 people. Their median prison term was 30 months, and 97% pleaded guilty.

For 2016 to 2025, §2X4.1 totaled 2,122 people, with 54% sent to prison and a median prison term of 12 months. The yearly table follows.

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2016        | 290              | 12 months     | 100%           |
| 2017        | 306              | 12 months     | 100%           |
| 2018        | 234              | 12 months     | 100%           |
| 2019        | 268              | 12 months     | 100%           |
| 2020        | 155              | 12 months     | 100%           |
| 2021        | 173              | 12 months     | 100%           |
| 2022        | 213              | 12 months     | 100%           |
| 2023        | 151              | 10.3 months   | 100%           |
| 2024        | 170              | 12 months     | 100%           |
| 2025        | 162              | 12 months     | 100%           |

## Reading the Numbers Carefully

Acquitted and dismissed cases are not part of the Commission's sentencing data, so these counts show only people who were convicted.

No close court-martial counterpart for this guideline appears in the crosswalk. The post therefore uses federal figures only and draws no military comparison.

### How We Counted

Everyone sentenced in federal court in fiscal year 2022 whose primary sentencing guideline was §2X4.1 (213), 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)
- [§2X4.1 Misprision of Felony: Federal Sentences, FY2016–2025](https://www.bodiesburied.com/trends/federal-guideline-2x4-1-misprision-of-felony/) (overview)
- [§2X4.1 Misprision of Felony: Federal Sentences, Fiscal Year 2021](https://www.bodiesburied.com/trends/federal-guideline-2x4-1-misprision-of-felony-fy2021/) (previous or next fiscal year)
- [§2X4.1 Misprision of Felony: Federal Sentences, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-guideline-2x4-1-misprision-of-felony-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.