Obstruction of Justice Sentences in 2021: Federal Court vs. Courts-Martial
In 2021 the court-martial records list 58 obstruction of justice convictions, with a median confinement of 10 months. Federal courts sentenced 85 people under guideline §2J1.2 in fiscal year 2021, and the median prison term was 18.3 months. Contested cases and trials led to longer sentences than gui
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In brief: In 2021 the court-martial records list 58 obstruction of justice convictions, with a median confinement of 10 months. Federal courts sentenced 85 people under guideline §2J1.2 in fiscal year 2021, and the median prison term was 18.3 months. Contested cases and trials led to longer sentences than guilty pleas on both sides: 23 months against 8 months at court-martial, and 60 months against 14 months in federal court.
This post uses the U.S. Sentencing Commission's records of 85 people sentenced in federal court in fiscal year 2021, 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.
Contested Cases Compared With Guilty Pleas
A contested case is one where the accused pleaded not guilty to at least some charges. In 2021, 18 contested court-martial cases ended in conviction with confinement, and their median confinement was 23 months. The 37 guilty plea convictions with confinement had a median of 8 months.
Federal court showed the same direction. People convicted after a trial received a median prison term of 60 months, based on 11 who went to prison. People who pleaded guilty received a median of 14 months.
Guilty pleas were less common at court-martial than in federal court this year. Of 58 court-martial convictions with a plea recorded, 38 (66%) were guilty pleas. Federally, 73 of 85 (86%) pleaded guilty and 12 were convicted at trial.
The 2021 Court-Martial Group
The 58 convictions for obstruction of justice (Article 131b) break down by service as Army 23, Air Force 7, Navy 10, and Marine Corps 18. Of the 58, 55 (95%) included confinement. A quarter of sentences were 24 months or more.
General courts-martial handled 39 of the convictions (67%). Of 56 enlisted members convicted, 45 (80%) received a punitive discharge: 16 dishonorable and 29 bad-conduct discharges. One officer was convicted, and 1 officer was dismissed.
The Fiscal Year 2021 Federal Group
A prison term was imposed on 60 of the 85 people (71%). Probation only, without prison or other confinement, went to 18 (21%). Among those in prison, a quarter received 48 months or more, and a quarter received 6 months or less.
No mandatory minimum applied to anyone in this group: 0 (0%). Supervised release was ordered for 59 (69%), and the median term was 24 months. Fines were ordered for 17 (20%) and restitution for 7 (8%). Among guilty pleas, 92% had a written plea agreement and 8% were straight pleas.
| Courts-martial, 2021 | Federal court, FY2021 | |
|---|---|---|
| Convictions or people sentenced | 58 | 85 |
| Sentenced to confinement or prison | 95% | 71% |
| Median confinement or prison | 10 months | 18.3 months |
| A quarter received this or more | 24 months | 48 months |
| Pleaded guilty | 38 of 58 with a plea recorded (66%) | 86% |
| Mandatory minimum applied | See the caveats | 0 of 84 with the information (0%) |
Federal Sentences and the Guideline Range
The guideline range is what the federal sentencing guidelines recommend for a case. In fiscal year 2021, 26% (22) of sentences fell within it, 25% (21) were below it at the government's request, and 39% (33) were below it without a government request. Above-range sentences made up 11% (9).
In criminal history, 73% were in category I and 5% were in category VI. Court-martial records have no criminal history field.
Different Years, Different Measures
Court-martial years run by trial date over the calendar year. Federal fiscal year 2021 ran from October 1, 2020 to September 30, 2021. The court-martial sentence is the one adjudged at trial, before any clemency or appeal, while the federal term is the one imposed, not the time served.
Across 2016 to 2025
Over all years in this data, 329 court-martial convictions had a median confinement of 10 months, and 1,256 people sentenced in federal court had a median prison term of 18 months. The federal yearly figures are below.
| 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% |
Limits of the Comparison
The trial and contested groups in 2021 are small, so their medians can shift with a few cases. The records do not say what conduct led to each conviction or why a case was contested. They cannot show whether the people in each system were in similar situations.
How We Counted
Courts-martial with a trial date in 2021 ending in a conviction for obstruction of justice (Article 131b) (58). Federal: people sentenced in fiscal year 2021 under guideline §2J1.2 (obstruction of justice) (85), 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 2020: Federal Court vs. Courts-Martial (previous or next year)
- Obstruction of Justice Sentences in 2022: 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.