Obstruction of Justice Sentences in 2023: Federal Court vs. Courts-Martial
In federal fiscal year 2023, only 55% of the 163 people sentenced under guideline §2J1.2 for obstruction of justice pleaded guilty, and 73 were convicted after a trial. Their median prison term was 24 months. At court-martial in 2023, 84% of the 31 obstruction convictions came from guilty pleas, and
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In brief: In federal fiscal year 2023, only 55% of the 163 people sentenced under guideline §2J1.2 for obstruction of justice pleaded guilty, and 73 were convicted after a trial. Their median prison term was 24 months. At court-martial in 2023, 84% of the 31 obstruction convictions came from guilty pleas, and the median adjudged confinement was 4.5 months.
This post uses the U.S. Sentencing Commission's records of 163 people sentenced in federal court in fiscal year 2023, 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.
A Year With Many Federal Trials
The federal guilty plea rate of 55% in fiscal year 2023 is the lowest in the yearly table for this guideline. Every other fiscal year from 2016 to 2025 shows 80% or more. The records do not explain the difference.
Of the 163 people, 90 pleaded guilty and 73 were convicted at trial. The median prison term was 15 months after a guilty plea and 36 months after a trial. The trial median is based on 66 people convicted at trial and sent to prison.
| 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% |
Prison and Probation in Federal Court
A prison term was imposed on 140 of 163 (86%), and 14 (9%) received probation only. Among those sent to prison, the median was 24 months (2 years). A quarter received 48 months or more, and a quarter received 12 months or less.
Restitution was ordered for 91 people (56%), and a fine for 38 (23%). Supervised release followed prison for 137 (84%), with a median term of 36 months. A mandatory minimum applied to 1 person (less than 1%).
Court-Martial Sentences in 2023
The military records list 31 convictions for obstruction of justice (Article 131b) with a trial date in 2023: Army 12, Air Force 4, Navy 9, and Marine Corps 6. Confinement was part of 26 of them (84%). The median was 4.5 months, and a quarter were 16.3 months or more.
Guilty pleas made up 26 of 31 convictions with a plea recorded. The median confinement after a guilty plea was 5.5 months (24 cases with confinement). The contested median of 3.2 months rests on 2 cases with confinement and says little.
Among 29 enlisted members convicted, 20 (69%) received a punitive discharge: 4 dishonorable and 16 bad-conduct discharges. One officer was convicted and was not dismissed. General courts-martial handled 16 of the 31 convictions (52%).
| Courts-martial, 2023 | Federal court, FY2023 | |
|---|---|---|
| Convictions or people sentenced | 31 | 163 |
| Sentenced to confinement or prison | 84% | 86% |
| Median confinement or prison | 4.5 months | 24 months |
| A quarter received this or more | 16.3 months | 48 months |
| Pleaded guilty | 26 of 31 with a plea recorded (84%) | 55% |
| Mandatory minimum applied | See the caveats | 1 of 163 with the information (less than 1%) |
Where Federal Sentences Fell Against the Guidelines
Below-range sentences without a government request made up 42% (69). Within-range sentences made up 31% (51). The government requested a below-range sentence in 15% (25), and 11% (18) were above the range.
In criminal history, 78% were in category I, the lowest, and 4% were in category VI. Court-martial records have no such field. Of federal guilty pleas, 92% involved a written plea agreement and 8% were straight pleas.
Not the Same Count or the Same Year
Federal fiscal year 2023 ran from October 1, 2022 to September 30, 2023. The court-martial year is the calendar year of the trial date. The federal group counts people sentenced under a guideline, while the court-martial group counts convictions under one article.
Court-martial confinement is adjudged at trial, before clemency or appeal. Federal prison terms are imposed by the court and are not time served.
All Years in Brief
From 2016 to 2025, the data includes 329 court-martial convictions (median confinement 10 months) and 1,256 people sentenced federally (median prison term 18 months).
What These Figures Do Not Explain
The records do not show why more federal cases went to trial in fiscal year 2023, or what conduct the cases involved. They cannot show whether court-martial and federal cases were similar in seriousness. The court-martial group of 31 is small for a single year.
How We Counted
Courts-martial with a trial date in 2023 ending in a conviction for obstruction of justice (Article 131b) (31). Federal: people sentenced in fiscal year 2023 under guideline §2J1.2 (obstruction of justice) (163), 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 2022: Federal Court vs. Courts-Martial (previous or next year)
- Obstruction of Justice Sentences in 2024: 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.