Federal National Defense Offense Sentences in the Eastern District of Wisconsin, FY2016–2025
The Eastern District of Wisconsin sentenced 14 people for national defense offenses in fiscal years 2016 to 2025. 13 (93%) received a prison term, with a median of 30 months, compared with 24 months across all 94 federal districts. None were sentenced within the guideline range.
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In brief: The Eastern District of Wisconsin sentenced 14 people for national defense offenses in fiscal years 2016 to 2025. 13 (93%) received a prison term, with a median of 30 months, compared with 24 months across all 94 federal districts. None were sentenced within the guideline range.
This post uses the U.S. Sentencing Commission's records of 14 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.
No Sentences Within the Guideline Range
Of the 14 people, none (0%) were sentenced within the guideline range. Below the range at the government's request were 57% (8), and below the range without a government request were 36% (5). Above the range was 7% (1).
In all districts together, 36% of sentences in this offense type were within the range. For all offenses in this district the figure was 17%. The group is small, and the records do not show the reasons for the sentences.
What the Offense Type Includes
"National Defense" is the U.S. Sentencing Commission's offense type. The most common primary guideline was §2M5.2 (Exportation of Arms, Munitions, or Military Equipment or Services Without Required Validated Export License), with 9 people. Next were §2M5.3 (Providing Material Support or Resources to Designated Foreign Terrorist Organizations or Specially Designated Global Terrorists, or For a Terrorist Purpose) with 3, §2M5.1 (Evasion of Export Controls) with 1, and §2M6.1 (Unlawful Activity Involving Nuclear Material, Weapons, or Facilities, Biological Agents, Toxins, or Delivery Systems, Chemical Weapons, or Other Weapons of Mass Destruction) with 1.
These cases were less than 1% of the 2,907 people sentenced in the district.
Prison Terms
A total of 13 people (93%) received a prison term, and 1 (7%) received probation only, with no prison or other confinement. Across all districts, 84% were sent to prison.
The median prison term was 30 months (2.5 years). A quarter received 60 months or more, and a quarter received 24 months or less. The all-districts median was 24 months, which is lower than the median here. The median for all offenses in this district was 48 months.
The figures are terms imposed, not time served.
Pleas and Mandatory Minimums
All 14 people (100%) pleaded guilty, and none were convicted after a trial. All guilty pleas (100%) had a written plea agreement. A mandatory minimum applied to 0 of the 14 people (0%).
The data counts only people who were convicted and sentenced. Any national defense case that ended in acquittal or dismissal is not in it.
Supervision, Fines, and Criminal History
Supervised release was ordered for 11 people (79%), with a median term of 36 months. A fine was ordered for 2 people (14%), and restitution for none (0%).
In the federal data, 64% were in category I, the lowest criminal history category, and 14% in category VI, the highest. Court-martial records have no criminal history field.
Counts by Fiscal Year
The district sentenced 3 people in fiscal years 2016 to 2019 and 11 in fiscal years 2020 to 2025. A fiscal year starts on October 1.
The table shows only 5 years with cases. The 6 people in 2025 are the largest yearly count, and the medians range from 12 months to 66 months. With 1 to 6 people per year, the table does not show a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2019 | 3 | 66 months | 3 of 3 |
| 2020 | 2 | 57 months | 2 of 2 |
| 2023 | 1 | 12 months | 1 of 1 |
| 2024 | 2 | 45 months | 2 of 2 |
| 2025 | 6 | 29 months | 6 of 6 |
How We Counted
Everyone sentenced in federal court in the Eastern District of Wisconsin (U.S. Sentencing Commission district label "Wisconsin East") in fiscal years 2016 to 2025 whose offense type was "National Defense" (14). 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 Eastern District of Wisconsin, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the Eastern District of Wisconsin, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the Eastern District of Wisconsin, FY2016–2025 (same district, other offense type)
- Federal Robbery Sentences in the Eastern District of Wisconsin, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the Eastern District of Wisconsin, 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.