Federal Immigration Offense Sentences in the Western District of Virginia, FY2016–2025
The Commission counted 163 people sentenced for immigration offenses in the Western District of Virginia in fiscal years 2016 to 2025. The median prison term was 3.4 months, and a quarter of those sent to prison received 0 months or less. For this offense type in all 94 federal districts together, t
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Trends › Federal Prosecution Analysis › Federal Sentences in the Western District of Virginia, FY201 › Immigration Offense: Western District of Virginia
In brief: The Commission counted 163 people sentenced for immigration offenses in the Western District of Virginia in fiscal years 2016 to 2025. The median prison term was 3.4 months, and a quarter of those sent to prison received 0 months or less. For this offense type in all 94 federal districts together, the median was 7 months.
This post uses the U.S. Sentencing Commission's records of 163 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.
A Median of 3.4 Months
157 of the 163 people (96%) received a prison term, and 5 (3%) received probation only. The median prison term was 3.4 months. A quarter received 12 months or more.
The records do not explain what a recorded prison term of 0 months represents in these cases. The district median for all offenses was 60 months.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 7 | 10 months | 7 of 7 |
| 2017 | 4 | 16.5 months | 4 of 4 |
| 2018 | 13 | 9 months | 100% |
| 2019 | 61 | 3 months | 100% |
| 2020 | 31 | 1.9 months | 97% |
| 2021 | 17 | 0.6 months | 100% |
| 2022 | 7 | 21 months | 7 of 7 |
| 2023 | 2 | 27.3 months | 2 of 2 |
| 2024 | 1 | 24 months | 1 of 1 |
| 2025 | 20 | 0 months | 100% |
Yearly Counts Moved Sharply
Fiscal year 2019 has the most people in the table, 61, with a median of 3 months. Fiscal year 2024 has 1 person, and fiscal year 2023 has 2.
The yearly medians range from 0 months in fiscal year 2025 to 27.3 months in fiscal year 2023. Fiscal years 2016 to 2019 account for 85 people, and fiscal years 2020 to 2025 account for 78. With counts this uneven, the medians describe different sized groups and show no steady direction.
One Trial Conviction
162 of 163 people (more than 99%) pleaded guilty, and 1 was convicted after a trial. The median prison term was 3.5 months after a guilty plea and 0 months after the trial.
55% of the guilty pleas had a written plea agreement, and 43% were straight pleas with no agreement.
Guideline Range and Mandatory Minimums
120 of 161 sentences (75%) were within the guideline range. 8 (5%) were below it at the government's request, and 29 (18%) were below it without that request. 4 (2%) were above it. For this offense type in all districts, 62% were within the range.
A mandatory minimum prison term applied to 0 of the 110 people with that information recorded.
Primary Guidelines
Immigration cases were 6% of the 2,529 people sentenced in the district. The most common primary guideline was §2L1.2 (Unlawfully Entering or Remaining in the United States), with 67 people. §2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien) applied to 5, and §2L2.1 (Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport) to 4. §2X1.1 applied to 2.
After Prison and Criminal History
44 people (27%) were ordered to serve supervised release, with a median term of 12 months. A fine was ordered for 4 (2%), and restitution for 5 (3%).
48% were in the lowest criminal history category, category I, and less than 1% were in the highest, category VI. The data counts only people convicted and sentenced, so it leaves out dismissed cases.
The records do not show the facts of any case or what happened after sentencing. For all offenses in this district, 96% pleaded guilty, so a plea rate of more than 99% here is similar to the district overall.
How We Counted
Everyone sentenced in federal court in the Western District of Virginia (U.S. Sentencing Commission district label "Virginia West") in fiscal years 2016 to 2025 whose offense type was "Immigration" (163). 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 Western District of Virginia, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the Western District of Virginia, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the Western District of Virginia, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the Western District of Virginia, FY2016–2025 (same district, other offense type)
- Federal Tax Offense Sentences in the Western District of 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.