Federal Immigration Offense Sentences in the District of New Hampshire, FY2016–2025
The District of New Hampshire sentenced 182 people for immigration offenses in fiscal years 2016 to 2025. 93% received a prison term, and the median prison term was 3.2 months. For this offense type in all 94 districts, the median prison term was 7 months.
· Understanding Trends in Military Practice · 7 min read
Trends › Federal Prosecution Analysis › Federal Sentences in the District of New Hampshire, FY2016–2 › Immigration Offense: District of New Hampshire
In brief: The District of New Hampshire sentenced 182 people for immigration offenses in fiscal years 2016 to 2025. 93% received a prison term, and the median prison term was 3.2 months. For this offense type in all 94 districts, the median prison term was 7 months.
This post uses the U.S. Sentencing Commission's records of 182 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.
Short Prison Terms, Mostly Within the Guideline Range
170 of the 182 people (93%) received a prison term, and 10 (5%) received probation only. Among those sent to prison, the median prison term was 3.2 months. A quarter received 7.9 months or more, and a quarter received 1.4 months or less.
78% of sentences (142 people) were within the guideline range. 15% (27) were below the range without a government request, 7% (12) were below the range at the government's request, and less than 1% (1) was above the range. For all offenses in the district, 31% of sentences were within the range, so this offense type matches the guidelines more often than the district's cases as a whole.
What the Commission Counts as Immigration
The U.S. Sentencing Commission assigns every case an offense type. Here the type is "Immigration," and the data covers only people who were convicted and sentenced. Acquittals and dismissals are not included.
The most common primary guideline was §2L1.2 (Unlawfully Entering or Remaining in the United States), with 150 people. Another 21 people were sentenced mainly under §2L2.2, which covers fraudulently acquiring documents relating to naturalization or legal resident status for own use. 8 people were sentenced under §2L2.1, which covers trafficking in such a document or a United States passport, and 2 under §2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien).
Comparison With All Districts and With the District's Other Cases
The Commission counts 217,838 people in this offense type across all 94 districts. 95% were sent to prison, the median prison term was 7 months, and 62% of sentences were within the guideline range. New Hampshire's median prison term was lower than 7 months, and its within-range share was higher than 62%.
Immigration cases were 10% of the 1,754 people sentenced in the district. The median prison term for all offenses in the district was 30 months, far longer than the 3.2 months here.
Pleas, Mandatory Minimums, and Supervised Release
180 of 182 people (99%) pleaded guilty, and 2 were convicted after a trial. 89% of the guilty pleas had a written plea agreement, and 11% were straight pleas with no agreement. The median prison term was 3.3 months after a guilty plea and 1.1 months after a trial, but the trial figure is based on only 2 people.
No mandatory minimum prison term applied to any of the 182 people (0%). 21 people (12%) were ordered to serve supervised release after prison, with a median term of 24 months. A fine was ordered for 5 people (3%), and restitution for none.
Few Cases in Recent Years
Fiscal years 2016 to 2019 account for 143 of the 182 people. Fiscal years 2020 to 2025 account for 39. The fiscal year runs October 1 to September 30. The table shows 1 person in 2023 and 4 people in 2025, and it has no row for 2022. The yearly medians of 0 months in 2020, 2024, and 2025 describe very small groups and should not be read as a trend.
The records do not show why the number of cases changed.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 39 | 3.2 months | 100% |
| 2017 | 44 | 4.8 months | 100% |
| 2018 | 28 | 4.2 months | 100% |
| 2019 | 32 | 3.2 months | 97% |
| 2020 | 23 | 0 months | 96% |
| 2021 | 5 | 3.7 months | 5 of 5 |
| 2023 | 1 | 18 months | 1 of 1 |
| 2024 | 6 | 0 months | 6 of 6 |
| 2025 | 4 | 0 months | 4 of 4 |
Limits of the Data
68% of the group were in criminal history category I, and less than 1% were in category VI. Court-martial records have no criminal history field. The data reports terms imposed, not time served, and it does not show the facts of any case or any decision to prosecute or decline. It also cannot show whether a prison term was followed by removal or other immigration action.
How We Counted
Everyone sentenced in federal court in the District of New Hampshire (U.S. Sentencing Commission district label "New Hampshire") in fiscal years 2016 to 2025 whose offense type was "Immigration" (182). 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.
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 New Hampshire, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of New Hampshire, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the District of New Hampshire, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of New Hampshire, FY2016–2025 (same district, other offense type)
- Federal Child Pornography Sentences in the District of New Hampshire, 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.