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# Federal Immigration Offense Sentences in the District of South Dakota, FY2016–2025
- URL: https://www.bodiesburied.com/trends/federal-immigration-sentences-district-of-south-dakota/
- Published: 2026-11-04T11:07:28.000Z
- Updated: 2026-11-04T11:07:28.000Z
- Description: The median prison term for the 327 people sentenced for immigration offenses in the District of South Dakota in fiscal years 2016 to 2025 was 2.5 months. Across all 94 federal districts the median for this offense type was 7 months. 323 of the 327 (99%) received a prison term, and only 23 (7%) were
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Federal Sentences in the District of South Dakota, FY2016–20](https://www.bodiesburied.com/trends/federal-district-district-of-south-dakota/) › Immigration Offense: District of South Dakota

**In brief:** The median prison term for the 327 people sentenced for immigration offenses in the District of South Dakota in fiscal years 2016 to 2025 was 2.5 months. Across all 94 federal districts the median for this offense type was 7 months. 323 of the 327 (99%) received a prison term, and only 23 (7%) were ordered to serve supervised release.

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 327 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](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/).

## Very Short Prison Terms

Among those sent to prison, a quarter received 4.9 months or more, and a quarter received 0 months or less.

The median for all offenses in the district was 36 months. For this offense type in all districts, where 217,838 people were sentenced, the median was 7 months and 95% were sent to prison.

## How the Sentences Fit the Guideline Range

79% of sentences (258) were within the advisory guideline range. 6% (20) were below it at the government's request, 15% (48) were below it without a government request, and less than 1% (1) was above it.

Within-range sentences were more common here than across all districts for this offense type (62%) and than for all offenses in the district (57%). No mandatory minimum prison term applied to any of the 327 people.

## Almost All Pleaded Guilty

326 of 327 (more than 99%) pleaded guilty, and 1 was convicted after a trial. The median prison term was 2.5 months after a guilty plea and 3.5 months after a trial, which rests on 1 person.

Among guilty pleas, 79% had a written plea agreement and 21% were straight pleas with no agreement.

## Which Guidelines Applied

The most common primary guideline was §2L1.2 (Unlawfully Entering or Remaining in the United States), used in 276 cases. §2L2.2 (Fraudulently Acquiring Documents Relating to Naturalization, Citizenship, or Legal Resident Status for Own Use) was used in 44.

§2L2.1 (Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport) was used in 4, and §2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien) in 2\. Immigration cases were 6% of the 5,041 people sentenced in the district.

## Counts and Medians by Fiscal Year

164 people were sentenced in fiscal years 2016 to 2019, and 163 in fiscal years 2020 to 2025\. The yearly count ranges from 14 in fiscal years 2022 and 2024 to 48 in fiscal year 2018.

The yearly median prison term ranges from 0.2 months in fiscal year 2022 to 3.6 months in fiscal year 2019\. Every year had a guilty plea rate of 98% or 100%.

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2016        | 31               | 2.5 months    | 100%           |
| 2017        | 43               | 2.4 months    | 100%           |
| 2018        | 48               | 2.2 months    | 100%           |
| 2019        | 42               | 3.6 months    | 100%           |
| 2020        | 39               | 2.4 months    | 100%           |
| 2021        | 20               | 3.5 months    | 100%           |
| 2022        | 14               | 0.2 months    | 100%           |
| 2023        | 35               | 3 months      | 100%           |
| 2024        | 14               | 1.1 months    | 100%           |
| 2025        | 41               | 2.1 months    | 98%            |

## Supervised Release and Criminal History

Supervised release was ordered for 23 people (7%), with a median term of 12 months. A fine was ordered for 0 and restitution for 0.

In criminal history, 63% were in the lowest category I and 0% in the highest VI.

## What Is Not in the Records

Only people convicted and sentenced are counted. The records do not describe the facts of any case. Ellsworth AFB, South Dakota is in this district, but courts-martial are tried in military courts, not in this federal court.

### How We Counted

Everyone sentenced in federal court in the District of South Dakota (U.S. Sentencing Commission district label "South Dakota") in fiscal years 2016 to 2025 whose offense type was "Immigration" (327). 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](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)
- [Federal Sentences in the District of South Dakota, FY2016–2025](https://www.bodiesburied.com/trends/federal-district-district-of-south-dakota/) (overview)
- [Federal Drug Trafficking Sentences in the District of South Dakota, FY2016–2025](https://www.bodiesburied.com/trends/federal-drug-trafficking-sentences-district-of-south-dakota/) (same district, other offense type)
- [Federal Firearms Sentences in the District of South Dakota, FY2016–2025](https://www.bodiesburied.com/trends/federal-firearms-sentences-district-of-south-dakota/) (same district, other offense type)
- [Federal Assault Sentences in the District of South Dakota, FY2016–2025](https://www.bodiesburied.com/trends/federal-assault-sentences-district-of-south-dakota/) (same district, other offense type)
- [Federal Obscenity and Other Sex Offense Sentences in the District of South Dakota, FY2016–2025](https://www.bodiesburied.com/trends/federal-obscenity-other-sex-offenses-sentences-district-of-south-dakota/) (same district, other offense type)
- [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.