Federal Immigration Offense Sentences in the Northern District of West Virginia, FY2016–2025
The Northern District of West Virginia sentenced 66 people for immigration offenses in fiscal years 2016 to 2025, and all 66 pleaded guilty. 65 (98%) received a prison term, with a median of 2.4 months, compared with 7 months across all 94 federal districts. 76% were sentenced within the guideline r
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In brief: The Northern District of West Virginia sentenced 66 people for immigration offenses in fiscal years 2016 to 2025, and all 66 pleaded guilty. 65 (98%) received a prison term, with a median of 2.4 months, compared with 7 months across all 94 federal districts. 76% were sentenced within the guideline range.
This post uses the U.S. Sentencing Commission's records of 66 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.
Very Short Median Prison Terms
Among the 65 people sent to prison, the median prison term was 2.4 months. A quarter received 3.6 months or more, and a quarter received 0 months or less. The all-districts median for this offense type was 7 months, which is higher than the median here. For all offenses in this district, it was 37 months.
One person (2%) received probation only, with no prison or other confinement. Across all districts, 95% of people in this offense type were sent to prison.
Time actually served is not in the data; these are the sentences imposed.
Most Sentences Fell Within the Range
Of the 66 people, 76% (50) were sentenced within the guideline range. Below the range at the government's request were 21% (14), and below the range without a government request were 2% (1). Above the range was 2% (1).
In all districts together, 62% of immigration sentences were within the range. For all offenses in this district, the figure was 57%.
Pleas and Mandatory Minimums
All 66 people (100%) pleaded guilty, and none were convicted after a trial. Among guilty pleas, 92% had a written plea agreement and 8% were straight pleas with no agreement.
No mandatory minimum applied to any of the 66 people (0%). The Commission's data covers only people who were convicted and sentenced. It has nothing on immigration cases that ended in acquittal or dismissal.
Which Guidelines Applied
"Immigration" is the U.S. Sentencing Commission's offense type. The most common primary guideline was §2L1.2 (Unlawfully Entering or Remaining in the United States), with 58 people. Another 6 were sentenced mainly under §2L2.2 (Fraudulently Acquiring Documents Relating to Naturalization, Citizenship, or Legal Resident Status for Own Use).
Immigration cases were 2% of the 2,879 people sentenced in the district in fiscal years 2016 to 2025.
Supervision and Criminal History
Supervised release was ordered for 52 people (79%), with a median term of 12 months. No fine and no restitution was ordered (0 each).
In the federal data, 64% were in category I, the lowest criminal history category, and 0% in category VI, the highest. Court-martial records have no criminal history field.
Counts by Fiscal Year
The district sentenced 42 people in fiscal years 2016 to 2019 and 24 in fiscal years 2020 to 2025. The fiscal year begins on October 1.
Yearly counts range from 1 to 13, and medians range from 0 months to 9.8 months. The count was 13 in 2016 and 4 in 2025. With groups this small, the table is not evidence of a trend, and the records cannot explain the differences from year to year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 13 | 2.3 months | 100% |
| 2017 | 10 | 0.6 months | 100% |
| 2018 | 10 | 2.4 months | 100% |
| 2019 | 9 | 2.9 months | 9 of 9 |
| 2020 | 7 | 3 months | 7 of 7 |
| 2021 | 2 | 0 months | 2 of 2 |
| 2022 | 1 | 4 months | 1 of 1 |
| 2023 | 3 | 7.5 months | 3 of 3 |
| 2024 | 7 | 1.5 months | 7 of 7 |
| 2025 | 4 | 9.8 months | 4 of 4 |
How We Counted
Everyone sentenced in federal court in the Northern District of West Virginia (U.S. Sentencing Commission district label "W Virginia North") in fiscal years 2016 to 2025 whose offense type was "Immigration" (66). 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 Northern District of West Virginia, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Prison Offense Sentences in the Northern District of West Virginia, 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.