Federal National Defense Offense Sentences in the District of New Mexico, FY2016–2025
In the District of New Mexico, 20 people were sentenced for national defense offenses in fiscal years 2017 to 2025, and every one of them pleaded guilty. The median prison term was 12 months, compared with 24 months across all 94 federal districts.
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of New Mexico, FY2016–2025 › National Defense Offense: District of New Mexico
In brief: In the District of New Mexico, 20 people were sentenced for national defense offenses in fiscal years 2017 to 2025, and every one of them pleaded guilty. The median prison term was 12 months, compared with 24 months across all 94 federal districts.
This post uses the U.S. Sentencing Commission's records of 20 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.
Every Person Pleaded Guilty
The U.S. Sentencing Commission's offense type "National Defense" covers 20 people in this district. All 20 (100%) pleaded guilty, and none was convicted after a trial.
Across all 94 districts, the Commission counted 2,236 people in this offense type, and 97% pleaded guilty. The district figure is higher than the national figure.
Among the guilty pleas here, 70% had a written plea agreement and 30% were straight pleas with no agreement.
Prison Terms: 12 Months at the Median
Of the 20 people, 19 (95%) received a prison term. One person (5%) received probation only, with no prison or other confinement.
Among those sent to prison, the median prison term was 12 months. A quarter received 30 months or more, and a quarter received 9.7 months or less. These are terms imposed, not time served.
Nationally in this offense type, 84% were sent to prison. The district's share was higher than that. No mandatory minimum prison term applied to any of the 20 people.
Where Sentences Fell Against the Guideline Range
Of the 20 people, 6 (30%) received a sentence within the guideline range. Below the range at the government's request applied to 5 people (25%), and below the range without a government request applied to 9 people (45%). No sentence was above the range.
For all 94 districts in this offense type, 36% of sentences were within the range. For all offenses in the District of New Mexico, the share was 59%.
The Statute Behind the Cases
All 20 people had the same primary guideline: §2M5.2 (Exportation of Arms, Munitions, or Military Equipment or Services Without Required Validated Export License). The category is the Commission's grouping, and the records here do not describe any individual case.
National defense cases were less than 1% of the 29,766 people sentenced in the District of New Mexico over these fiscal years. For all offenses in the district, the median prison term was 3.5 months.
After Prison and Criminal History
Supervised release was ordered for 18 people (90%), and the median term was 30 months. A fine was ordered for 1 person (5%). No restitution was ordered.
In criminal history, 95% were in the lowest category I, and 0% were in the highest VI. Court-martial records have no criminal history field.
Yearly Counts Are Very Small
The district had 6 people in fiscal years 2016 to 2019 and 14 people in fiscal years 2020 to 2025. The fiscal year runs from October 1 to September 30.
Each year had between 1 person and 4 people, and the yearly median prison terms ranged from 9.7 months to 33 months. With counts this small, one year's median is not a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2017 | 1 | 12 months | 1 of 1 |
| 2018 | 2 | 18.6 months | 2 of 2 |
| 2019 | 3 | 33 months | 3 of 3 |
| 2020 | 3 | 12 months | 3 of 3 |
| 2021 | 2 | 17.8 months | 2 of 2 |
| 2022 | 4 | 9.7 months | 4 of 4 |
| 2023 | 1 | 12 months | 1 of 1 |
| 2024 | 3 | 32 months | 3 of 3 |
| 2025 | 1 | 20 months | 1 of 1 |
Limits of the Federal Numbers
The Commission counts only people who were convicted and sentenced, so dismissals and acquittals are not included. The numbers cannot show why one sentence was shorter than another.
Cannon AFB, Holloman AFB, and Kirtland AFB are in this district. Courts-martial are tried in military courts, not in this federal court, and these federal cases are not tied to those installations.
How We Counted
Everyone sentenced in federal court in the District of New Mexico (U.S. Sentencing Commission district label "New Mexico") in fiscal years 2016 to 2025 whose offense type was "National Defense" (20). 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 Mexico, FY2016–2025 (overview)
- Federal Kidnapping Sentences in the District of New Mexico, FY2016–2025 (same district, other offense type)
- Federal Tax Offense Sentences in the District of New Mexico, FY2016–2025 (same district, other offense type)
- Federal Drug Possession Sentences in the District of New Mexico, FY2016–2025 (same district, other offense type)
- Federal Arson Sentences in the District of New Mexico, 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.