Obstruction of Justice: Federal Sentences vs. Air Force Courts-Martial
The Air Force records list 31 convictions for obstruction of justice (Article 131b) with trial dates from 2019 to 2025. Confinement was adjudged in 87% of them, with a median of 8.9 months. In federal court, 1,256 people were sentenced under guideline §2J1.2 in fiscal years 2016 to 2025, and 74% rec
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In brief: The Air Force records list 31 convictions for obstruction of justice (Article 131b) with trial dates from 2019 to 2025. Confinement was adjudged in 87% of them, with a median of 8.9 months. In federal court, 1,256 people were sentenced under guideline §2J1.2 in fiscal years 2016 to 2025, and 74% received a prison term with a median of 18 months.
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.
What Do the Air Force Records Show?
There are 31 Air Force convictions, a small group. Confinement was part of the sentence in 27 of them (87%). The median adjudged confinement was 8.9 months, and a quarter of the sentences were 25.1 months or more.
All 31 convicted members were enlisted. A punitive discharge went to 25 of them (81%): 12 dishonorable discharges and 13 bad-conduct discharges. A general court-martial heard 18 of the 31 cases (58%).
How Did Plea and Contested Cases Differ?
A plea was recorded for 29 of the 31 convictions, and 19 of those (66%) were guilty pleas. Air Force plea information is missing for most trials before 2020, so this count is thinner than the total.
After a guilty plea, the median confinement was 9.9 months, based on 18 cases with confinement. In contested cases that ended in conviction, it was 8.9 months, based on 7 cases with confinement. The medians are close, which differs from the federal pattern, where a trial term is higher than a plea term.
Did the Median Change After 2019?
For trials in 2016 to 2019, the median confinement was 5.9 months, based on 1 case with confinement. For trials in 2020 to 2025, it was 9.4 months, based on 26 cases. A single case cannot show a level, so the earlier figure should not be read as a trend.
How Does Federal Court Compare?
The U.S. Sentencing Commission data covers 1,256 people sentenced under §2J1.2 (obstruction of justice). Prison went to 930 (74%), and 212 (17%) were sentenced to probation only. The median prison term was 18 months. The top quarter received 36 months or more, and the bottom quarter received 8 months or less.
Confinement in the Air Force was more common than federal prison, 87% compared with 74%. The Air Force median was lower than the federal median. Federal guilty pleas were more common than Air Force guilty pleas, at 82% compared with 66%.
In federal court, 1,031 people pleaded guilty and 225 were convicted after a trial. The median prison term was 15 months after a plea and 33 months after a trial, based on 198 people sent to prison after a trial. A mandatory minimum applied to 14 people (1%).
| Air Force courts-martial | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 31 | 1,256 |
| Sentenced to confinement or prison | 87% | 74% |
| Median confinement or prison | 8.9 months | 18 months |
| A quarter received this or more | 25.1 months | 36 months |
| Pleaded guilty | 19 of 29 with a plea recorded (66%) | 82% |
| Mandatory minimum applied | See the caveats | 1% |
What Else Does the Federal Data Report?
Of the 1,256 federal defendants, 895 (71%) were ordered to serve supervised release, with a median term of 36 months. A fine was ordered for 280 (22%) and restitution for 295 (23%). Most were in the lowest criminal history category: 73% in category I, and 4% in category VI.
Among federal guilty pleas, 91% had a written plea agreement, and 8% were straight pleas. Court-martial records have no criminal history field and this comparison has no court-martial figures for supervised release, fines, or restitution.
How Should the Limits Be Read?
With 31 convictions, a change in 1 case can move a rate. The service table shows the Air Force next to the Army, Navy, and Marine Corps, and the Air Force punitive discharge rate for enlisted members, 81%, falls between the 67% of the Army and Navy and the 84% of the Marine Corps.
Court-martial sentences are as adjudged at trial, before any clemency or appeal. Federal prison terms are those imposed, not time served. The court-martial data is by trial date, and the federal data is by fiscal year. The records do not show the conduct charged or the reasons for any sentence.
| 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% |
How We Counted
Air Force courts-martial with trial dates in 2016 to 2025 ending in a conviction for obstruction of justice (Article 131b) (31). Federal: 1,256 people sentenced under guideline §2J1.2 (obstruction of justice), fiscal years 2016 to 2025 (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.
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.
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.
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)
- Obstruction of Justice and Perjury: Federal vs. Court-Martial Sentences (overview)
- 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 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
- 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)
- Article 131b (Obstruction, Numbered Since 2019): Court-Martial Data and Trends (court-martial data)
- Air Force Courts-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.