Obstruction of Justice Sentences in 2019: Federal Court vs. Courts-Martial
Confinement was more common at court-martial than prison was in federal court for obstruction of justice in 2019: 87% of 30 court-martial convictions included confinement, compared with 71% of 131 people sentenced federally in fiscal year 2019. The median length was lower at court-martial, at 8 mont
Understanding Trends in Military Practice · 8 min read
Trends › Federal Prosecution Analysis › Obstruction of Justice and Perjury › Obstruction of Justice: 2019
In brief: Confinement was more common at court-martial than prison was in federal court for obstruction of justice in 2019: 87% of 30 court-martial convictions included confinement, compared with 71% of 131 people sentenced federally in fiscal year 2019. The median length was lower at court-martial, at 8 months, than the federal median prison term of 12 months.
This post uses the U.S. Sentencing Commission's records of 131 people sentenced in federal court in fiscal year 2019, 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.
Was Confinement Ordered?
Of the 30 court-martial convictions for obstruction of justice (Article 131b) with a 2019 trial date, 26 included confinement (87%).
Federal courts gave a prison term to 93 of 131 people sentenced under guideline §2J1.2 (71%). Probation alone, with no prison or other confinement, went to 23 (18%).
The comparison has limits. Court-martial figures count convictions with a trial date in calendar year 2019. Federal fiscal year 2019 ran from October 1, 2018 to September 30, 2019, and the federal figures count people sentenced.
Length of Confinement and Prison Terms
The median adjudged confinement at court-martial was 8 months. A quarter of the sentences were 13.5 months or more.
For federal defendants sent to prison, the median term was 12 months. A quarter received 27 months or more, and a quarter received 5 months or less. So the upper end of federal sentences was longer than the upper end at court-martial in this year.
Adjudged confinement is what the court-martial announced, before clemency or appeal. Federal terms are as imposed, not as served.
| Courts-martial, 2019 | Federal court, FY2019 | |
|---|---|---|
| Convictions or people sentenced | 30 | 131 |
| Sentenced to confinement or prison | 87% | 71% |
| Median confinement or prison | 8 months | 12 months |
| A quarter received this or more | 13.5 months | 27 months |
| Pleaded guilty | 25 of 28 with a plea recorded (89%) | 86% |
| Mandatory minimum applied | See the caveats | 1 of 130 with the information (less than 1%) |
Services and Court Level
The 2019 convictions came from the Air Force (2), the Navy (11), and the Marine Corps (17). Army court-martial records in this data start in 2020, so no Army cases are part of this year.
General courts-martial accounted for 12 of the 30 convictions (40%). Of the 29 enlisted members convicted, 25 (86%) received a punitive discharge: 2 dishonorable discharges and 23 bad-conduct discharges. One officer was convicted and was not dismissed.
Pleas and Trials
A plea was recorded for 28 court-martial convictions, and 25 of them (89%) were guilty pleas. Median confinement was 8 months after a guilty plea (23 cases with confinement) and 8 months in contested cases ending in conviction (2 cases with confinement).
In federal court, 113 of 131 (86%) pleaded guilty and 18 were convicted at trial. The median prison term was 12 months after a plea and 18 months after a trial, with the trial figure based on 13 people sent to prison. Most federal guilty pleas (91%) involved a written plea agreement, and 9% were straight pleas.
Federal Sentences and the Guidelines
In fiscal year 2019, 41% (54) of these federal sentences were below the guideline range without a government request. Another 32% (42) were below the range at the government's request. Only 22% (29) were within the range, and 5% (6) were above it.
A mandatory minimum applied to 1 person (less than 1%). Supervised release was ordered for 89 (68%), with a median of 36 months. Courts ordered a fine for 32 (24%) and restitution for 25 (19%). By criminal history, 74% were in category I and 2% in category VI; court-martial records carry no such field.
All Years for Reference
Across 2016 to 2025, there were 329 court-martial convictions (median confinement 10 months) and 1,256 federal sentences (median prison term 18 months).
| 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% |
Gaps in the Data
The records cannot show why sentences in either system were set where they were. They do not describe the conduct behind each conviction or whether the defendants and accused were comparable. Both groups in 2019 are modest in size, and a single year is not a trend.
How We Counted
Courts-martial with a trial date in 2019 ending in a conviction for obstruction of justice (Article 131b) (30). Federal: people sentenced in fiscal year 2019 under guideline §2J1.2 (obstruction of justice) (131), U.S. Sentencing Commission.
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.
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.
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.
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 and Perjury: Federal vs. Court-Martial Sentences (overview)
- Obstruction of Justice Sentences in 2018: Federal Court vs. Courts-Martial (previous or next year)
- Obstruction of Justice Sentences in 2020: Federal Court vs. Courts-Martial (previous or next year)
- Obstruction of Justice Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Obstruction of Justice: Federal Sentences vs. Air Force Courts-Martial
- Obstruction of Justice: Federal Sentences vs. Army Courts-Martial
- Obstruction of Justice: Federal Sentences vs. Marine Corps Courts-Martial, 2016–2025
- Obstruction of Justice: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Obstruction of Justice: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina
- Obstruction of Justice: Courts-Martial at Camp Pendleton vs. Federal Court in the Southern District of California
- Obstruction of Justice: Courts-Martial at Fort Bliss vs. Federal Court in the Western District of Texas
- 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.