Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences
Federal court sentenced 1,256 people under the obstruction of justice guideline (§2J1.2) in fiscal years 2016 to 2025, and the median prison term was 18 months. Courts-martial recorded 329 convictions for obstruction of justice (Article 131b) with trial dates from 2016 to 2025, and the median confin
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In brief: Federal court sentenced 1,256 people under the obstruction of justice guideline (§2J1.2) in fiscal years 2016 to 2025, and the median prison term was 18 months. Courts-martial recorded 329 convictions for obstruction of justice (Article 131b) with trial dates from 2016 to 2025, and the median confinement was 10 months. Perjury appears in the federal data only, because court-martial records show just 2 perjury convictions under Article 131.
This post uses the U.S. Sentencing Commission's records of 1,256 people sentenced in federal court in fiscal years 2016 to 2025, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). 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.
How Do Obstruction Sentences Compare in Federal Court and Courts-Martial?
The table below sets the court-martial and federal records side by side. Federal sentences were longer at the median and at the upper quarter. A smaller share of federal defendants received prison, and a larger share of court-martial convictions included confinement.
Both columns count only convictions. The federal numbers come from the U.S. Sentencing Commission, which does not include acquittals or dismissals. The court-martial numbers come from Military Trial Results data updated November 2, 2026, and count convictions by trial date.
| Courts-martial, 2016–2025 | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 329 | 1,256 |
| Sentenced to confinement or prison | 85% | 74% |
| Median confinement or prison | 10 months | 18 months |
| A quarter received this or more | 24 months | 36 months |
| Pleaded guilty | 232 of 318 with a plea recorded (73%) | 82% |
| Mandatory minimum applied | See the caveats | 1% |
What Did Federal Obstruction Sentences Look Like?
Of the 1,256 people sentenced, 930 (74%) received a prison term, and 212 (17%) received probation only, with no prison or other confinement. Among those sent to prison, a quarter received 8 months or less and a quarter received 36 months or more.
Supervised release was ordered for 895 people (71%) after prison, and the median term was 36 months. A fine was ordered for 280 (22%) and restitution for 295 (23%). A mandatory minimum prison term applied to 14 (1%).
Most defendants had little criminal history: 73% were in the lowest criminal history category, Category I, and 4% were in the highest, Category VI. Court-martial records have no criminal history field.
Where Did Sentences Fall Against the Guideline Range?
The sentence was within the guideline range for 409 people (33%). It was below the range at the government's request for 311 (25%), below the range without a government request for 450 (36%), and above the range for 86 (7%).
Most sentences were therefore outside the range, and the most common single category was below the range without a government request.
What Did Court-Martial Obstruction Sentences Look Like?
Of the 329 convictions, 280 (85%) included confinement. A quarter of the convictions received 24 months or more of confinement. Of the 308 enlisted members convicted, 228 (74%) received a punitive discharge: 73 dishonorable discharges and 155 bad-conduct discharges. Of 15 officers convicted, 7 were dismissed.
General courts-martial handled 186 of the 329 convictions (57%). Plea records show 232 guilty pleas among 318 convictions with a plea recorded (73%).
Median confinement was 9 months after a guilty plea and 21 months in contested cases ending in conviction. The federal medians were 15 months after a plea and 33 months after a trial, among the 198 people convicted at trial and sent to prison. In federal court, 82% of the people sentenced had pleaded guilty.
Did Results Differ by Service?
Median confinement ranged from 8.9 months in the Army and Air Force to 12 months in the Marine Corps. The share of enlisted members receiving a punitive discharge was highest in the Marine Corps, at 84%.
The Navy had 98 convictions, the Army 97, the Air Force 31, and the Marine Corps 103. The Air Force group is the smallest, so its figures move more with each case.
| Service | Convictions, 2016–2025 | With confinement | Median confinement | Punitive discharge (enlisted) | Guilty pleas (where recorded) |
|---|---|---|---|---|---|
| Army | 97 | 85% | 8.9 months | 67% | 66% |
| Air Force | 31 | 87% | 8.9 months | 81% | 66% |
| Navy | 98 | 86% | 9.5 months | 67% | 77% |
| Marine Corps | 103 | 84% | 12 months | 84% | 78% |
Did Sentences Change Over Time?
Median court-martial confinement was 10 months for trials in 2016 to 2019, based on 70 cases with confinement. It was also 10 months for trials in 2020 to 2025, based on 210 cases.
The federal median prison term was 15 months in fiscal year 2016 and 18 months in 2025. It was highest in 2024, at 27 months. The share of federal defendants who pleaded guilty was 55% in 2023, lower than in any other year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 131 | 15 months | 82% |
| 2017 | 130 | 14 months | 92% |
| 2018 | 136 | 18 months | 88% |
| 2019 | 131 | 12 months | 86% |
| 2020 | 107 | 12 months | 91% |
| 2021 | 85 | 18.3 months | 86% |
| 2022 | 111 | 21 months | 88% |
| 2023 | 163 | 24 months | 55% |
| 2024 | 148 | 27 months | 80% |
| 2025 | 114 | 18 months | 85% |
What About Perjury?
Court-martial records show only 2 perjury convictions under Article 131 with trial dates from 2016 to 2025. That is below the site's 10-case minimum for comparison, so perjury is reported for federal court only.
The Sentencing Commission counted 225 people sentenced under the perjury guideline (§2J1.3). Of these, 135 (60%) received a prison term and 55 (24%) received probation only. The median prison term was 12 months, a quarter received 18 months or more, and a quarter received 4.5 months or less.
Guilty pleas made up 206 of the 225 (92%), and 19 people were convicted after a trial. The median prison term was 10 months after a plea and 24 months after a trial, based on 13 people. A mandatory minimum applied to 2.
What the Records Cannot Show
The court-martial and federal records do not count the same things. Federal prison terms are the terms imposed, not time served. Court-martial sentences are as adjudged at trial, before any clemency or appeal. Federal years run from October 1 to September 30, and court-martial cases are counted by trial date.
The records do not show the facts of any case or why one sentence was longer than another. They do not show whether the same conduct would have been charged as obstruction in both systems.
How We Counted
Courts-martial: convictions for obstruction of justice (Article 131b) with trial dates in 2016 to 2025 (329). Federal: everyone sentenced in fiscal years 2016 to 2025 under guideline §2J1.2 (obstruction of justice) (1,256), U.S. Sentencing Commission individual data files.
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
Who is in each set of numbers. The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.
Different cases reach each system. Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts.
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.
Military confinement credit and parole. For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served.
Military sentences include punishments federal sentences do not. A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show.
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.
Offense categories do not line up exactly. Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match.
More Detail
Obstruction of Justice, year by year: 2016 · 2017 · 2018 · 2019 · 2020 · 2021 · 2022 · 2023 · 2024 · 2025.
Obstruction of Justice, by installation: Camp Lejeune · Camp Pendleton · Fort Bliss · Norfolk · San Diego.
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)
- Obstruction of Justice Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Obstruction of Justice Charges: Federal Trial Acquittals vs. Contested Army Courts-Martial
- Obstruction of Justice Charges: How Often Federal Trials and Courts-Martial End in Acquittal
- Obstruction of Justice Charges: Federal Trial Acquittals vs. Contested Marine Corps Courts-Martial
- Obstruction of Justice Charges: Federal Trial Acquittals vs. Contested Navy Courts-Martial
- Guilty Pleas in Obstruction of Justice Cases: Federal Court vs. Courts-Martial
- Obstruction of Justice Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?
- Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year
- Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025
- Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare
- Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025
- Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial
- Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial
- Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial
- Obstruction of Justice: Federal Sentences vs. Army Courts-Martial
- Obstruction of Justice: Federal Sentences vs. Air Force Courts-Martial
- Obstruction of Justice: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Obstruction of Justice: Federal Sentences vs. Marine Corps Courts-Martial, 2016–2025
- Obstruction of Justice: Sentences After a Guilty Plea vs. After Trial, Federal Court and Courts-Martial
- How Has Article 131b Changed in Army Courts-Martial Since 2021? (court-martial data)
- How Much Confinement for an Article 131b Conviction in the Army? (court-martial data)
- How Often Are Contested Army Article 131b Cases Acquitted? (court-martial data)
- Pleading Guilty to Article 131b in the Army: What Sentences Followed? (court-martial data)
- Air Force Article 131b Cases by the Numbers, 2016–2025 (court-martial data)
- What Sentence Follows an Air Force Obstruction Conviction? (court-martial data)
- Pleading Guilty to Article 131b in the Air Force: What Sentences Followed? (court-martial data)
- Is Navy-Marine Corps Obstruction Prosecution Rising or Falling? Article 131b, 2017–2025 (court-martial data)
- How Much Confinement for an Article 131b Conviction in the Navy-Marine Corps? (court-martial data)
- Not Guilty Pleas in Navy-Marine Corps Article 131b Cases: What Happened at Trial (court-martial data)
- Pleading Guilty to Article 131b in the Navy-Marine Corps: What Sentences Followed? (court-martial data)
- Article 131b (Obstruction, Numbered Since 2019): Court-Martial Data and Trends (court-martial data)
- Article 131b UCMJ: Obstructing Justice (law firm reference page)
- 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.