Federal Immigration Offense Sentences in the District of Colorado, FY2016–2025
In the District of Colorado, 687 people were sentenced for immigration offenses in fiscal years 2016 to 2025, which is 16% of the 4,231 people sentenced there. The median prison term was 12 months, which is higher than the 7 months for immigration offenses in all 94 federal districts together. The y
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of Colorado, FY2016–2025 › Immigration Offense: District of Colorado
In brief: In the District of Colorado, 687 people were sentenced for immigration offenses in fiscal years 2016 to 2025, which is 16% of the 4,231 people sentenced there. The median prison term was 12 months, which is higher than the 7 months for immigration offenses in all 94 federal districts together. The yearly counts are lower in the later years.
This post uses the U.S. Sentencing Commission's records of 687 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.
Fewer People Sentenced in Later Years
469 people were sentenced in fiscal years 2016 to 2019, and 218 in fiscal years 2020 to 2025. The yearly table shows 118, 118, 122, and 111 people in fiscal years 2016 to 2019, and between 18 and 68 people in each year after that. The fiscal year runs October 1 to the end of September.
The yearly medians moved from 8 months in fiscal year 2018 to 21 months in 2021. The records show those changes but not their causes.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 118 | 9 months | more than 99% |
| 2017 | 118 | 10 months | 100% |
| 2018 | 122 | 8 months | more than 99% |
| 2019 | 111 | 12 months | more than 99% |
| 2020 | 68 | 12 months | 94% |
| 2021 | 37 | 21 months | 100% |
| 2022 | 18 | 18 months | 100% |
| 2023 | 29 | 14 months | 100% |
| 2024 | 33 | 18 months | 100% |
| 2025 | 33 | 15 months | 100% |
Prison Terms Compared With All Districts
682 of the 687 people (more than 99%) received a prison term, and 4 (less than 1%) received probation only. Among those sent to prison, the median prison term was 12 months. A quarter received 21 months or more, and a quarter received 5.1 months or less.
In all districts, 95% were sent to prison. The median for all offenses in the District of Colorado was 36 months, which is higher than the immigration median. Prison terms are the terms imposed, not time served.
Most Sentences Were Below the Guideline Range
Below the range at the government's request was 62% of sentences (423 people). Within the range was 32% (219), below it without a government request was 5% (34), and above the range was 2% (11).
For all districts, 62% of immigration sentences were within the range, and for all offenses in this district, 36%. The guideline range is calculated under the U.S. Sentencing Guidelines for each case.
Guidelines and Share of the District
The most common primary guideline was §2L1.2 (Unlawfully Entering or Remaining in the United States), with 647 people. Other guidelines covered documents and smuggling, with 11, 9, and 1 people each.
A mandatory minimum applied to 2 of the 687 people (less than 1%).
Pleas, Supervision, and Criminal History
680 of 687 people (99%) pleaded guilty, and 7 were convicted after a trial. The median prison term after a guilty plea was 12 months. After a trial it was 17.5 months, based on 6 people. More than 99% of guilty pleas had a written plea agreement.
403 people (59%) were ordered to serve supervised release, with a median term of 36 months. A fine was ordered for 4 and restitution for 3. By criminal history, 12% were in the lowest category and 7% in the highest. Court-martial records have no criminal history field.
Installations and Limits
Buckley SFB, Fort Carson, Peterson SFB, and the U.S. Air Force Academy are in the District of Colorado. Courts-martial are tried in military courts, not in this federal court, and these federal numbers do not describe cases from those installations.
The data counts only people who were convicted and sentenced. Acquittals and dismissals are not included.
How We Counted
Everyone sentenced in federal court in the District of Colorado (U.S. Sentencing Commission district label "Colorado") in fiscal years 2016 to 2025 whose offense type was "Immigration" (687). Offense types are the Commission's OFFGUIDE categories.
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)
- Federal Sentences in the District of Colorado, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of Colorado, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of Colorado, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the District of Colorado, FY2016–2025 (same district, other offense type)
- Federal Robbery Sentences in the District of Colorado, FY2016–2025 (same district, other offense type)
- 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.