Obstruction of Justice: Federal Sentences vs. Army Courts-Martial
Army courts-martial with trial dates from 2021 to 2025 produced 97 convictions for obstruction of justice under Article 131b. Confinement was adjudged in 85% of them, and the median was 8.9 months. Federal court sentenced 1,256 people under guideline §2J1.2 in fiscal years 2016 to 2025, with 74% rec
Understanding Trends in Military Practice · 9 min read
Trends › Federal Prosecution Analysis › Obstruction of Justice and Perjury › Obstruction of Justice: Army
In brief: Army courts-martial with trial dates from 2021 to 2025 produced 97 convictions for obstruction of justice under Article 131b. Confinement was adjudged in 85% of them, and the median was 8.9 months. Federal court sentenced 1,256 people under guideline §2J1.2 in fiscal years 2016 to 2025, with 74% receiving a prison term and a median prison term 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.
How Different Were Army Plea and Contested Sentences?
A plea was recorded for all 97 Army convictions, and 64 (66%) were guilty pleas. After a guilty plea, the median confinement was 6 months, based on 60 cases with confinement. In contested cases that ended in conviction, the median was 25 months, based on 22 cases with confinement.
A contested case is one where the accused pleaded not guilty to at least one charge. Federal court shows a gap in the same direction. The median prison term was 15 months after a guilty plea and 33 months after a trial, based on 198 people convicted at trial and sent to prison.
What Did the Army Impose Across All 97 Convictions?
Of the 97 convictions, 82 (85%) included confinement. The median adjudged confinement was 8.9 months, and a quarter of the sentences were 32.3 months or more.
Among the 89 enlisted members convicted, 60 (67%) received a punitive discharge, made up of 22 dishonorable discharges and 38 bad-conduct discharges. Of the 8 officers convicted, 7 were dismissed. A general court-martial heard 69 of the 97 cases (71%).
| Army courts-martial | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 97 | 1,256 |
| Sentenced to confinement or prison | 85% | 74% |
| Median confinement or prison | 8.9 months | 18 months |
| A quarter received this or more | 32.3 months | 36 months |
| Pleaded guilty | 64 of 97 with a plea recorded (66%) | 82% |
| Mandatory minimum applied | See the caveats | 1% |
How Does the Army Compare With the Other Services?
In the same table, the Air Force had 31 convictions, the Navy 98, and the Marine Corps 103. Confinement rates were close across the services, from 84% to 87%. The Marine Corps median was 12 months, higher than the Army median of 8.9 months.
The punitive discharge rate for enlisted members was 67% in the Army, the same as in the Navy. It was 81% in the Air Force and 84% in the Marine Corps. The table is labeled 2016 to 2025, and the Army records in it have trial dates from 2021 to 2025.
| 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% |
What Did Federal Court Impose for Obstruction?
The federal figures come from the U.S. Sentencing Commission and cover 1,256 people sentenced under guideline §2J1.2 (obstruction of justice). Of these, 930 (74%) received prison and 212 (17%) received probation only. A quarter of those sent to prison received 36 months or more, and a quarter received 8 months or less.
In federal court, 1,031 people (82%) pleaded guilty, and 225 were convicted after a trial. A mandatory minimum applied to 14 people (1%). Among guilty pleas, 91% had a written plea agreement and 8% were straight pleas with no agreement.
How Did Federal Sentences Compare With the Guideline Range?
The guideline range is the sentencing range the federal guidelines calculate for a case. Federal sentences were within the range for 33% of the 1,256 people (409). They were below the range at the government's request for 25% (311) and below the range without a government request for 36% (450). They were above the range for 7% (86).
After prison, 895 people (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%). In criminal history, 73% were in the lowest criminal history category, category I, and 4% in the highest, category VI.
What Can This Comparison Not Show?
The Army data is by trial date, and the federal data is by fiscal year, which does not match the calendar. The Army years are also fewer than the federal years. Court-martial sentences are as adjudged at trial, before any clemency or appeal, and federal prison terms are those imposed, not time served.
Court-martial records have no criminal history field, and the records here do not show the conduct charged or the reasons for any sentence. They cannot show why Army plea sentences were lower than contested sentences, or whether that matches the federal gap for the same reasons.
How We Counted
Army courts-martial with trial dates in 2016 to 2025 ending in a conviction for obstruction of justice (Article 131b) (97). 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. Air Force 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
- 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)
- Article 131b (Obstruction, Numbered Since 2019): Court-Martial Data and Trends (court-martial data)
- Army 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.