Obstruction of Justice: Federal Sentences vs. Marine Corps Courts-Martial, 2016–2025
Marine Corps courts-martial from 2016 to 2025 convicted 103 people of obstruction of justice under Article 131b. Of the 100 enlisted members among them, 84 (84%) received a punitive discharge, and the median confinement was 12 months. In federal court, 1,256 people were sentenced under guideline §2J
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In brief: Marine Corps courts-martial from 2016 to 2025 convicted 103 people of obstruction of justice under Article 131b. Of the 100 enlisted members among them, 84 (84%) received a punitive discharge, and the median confinement was 12 months. In federal court, 1,256 people were sentenced under guideline §2J1.2, with 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 Often Did Marines Receive a Punitive Discharge?
The Marine Corps had 103 convictions for obstruction of justice. Of the 100 enlisted members convicted, 84 received a punitive discharge (84%): 26 dishonorable discharges and 58 bad-conduct discharges. The 3 officers convicted were not dismissed.
Among the services, the Marine Corps rate for enlisted punitive discharge is the highest in the records, and its median confinement of 12 months is the highest as well. Federal sentences have no punitive discharge, so this part has no federal match.
What Confinement Did the Marine Corps Adjudge?
Confinement was part of the sentence in 87 of the 103 convictions (84%). The median adjudged confinement was 12 months, and a quarter of the sentences were 24 months or more. A general court-martial heard 49 of the 103 cases (48%).
The federal data covers 1,256 people sentenced under §2J1.2 (obstruction of justice) in fiscal years 2016 to 2025. Of them, 930 (74%) received a prison term, and 212 (17%) received probation only. The federal median was 18 months, and the top quarter was 36 months or more.
| Marine Corps courts-martial | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 103 | 1,256 |
| Sentenced to confinement or prison | 84% | 74% |
| Median confinement or prison | 12 months | 18 months |
| A quarter received this or more | 24 months | 36 months |
| Pleaded guilty | 74 of 95 with a plea recorded (78%) | 82% |
| Mandatory minimum applied | See the caveats | 1% |
Did Pleas Change the Sentence?
A plea was recorded for 95 of the 103 convictions, and 74 (78%) were guilty pleas. In federal court the share was 82%, with 1,031 people pleading guilty and 225 convicted after a trial.
After a guilty plea, the Marine Corps median confinement was 11 months, based on 67 cases with confinement. In contested cases ending in conviction, it was 14 months, based on 14 cases with confinement. The federal medians were 15 months after a plea and 33 months after a trial, based on 198 people convicted at trial and sent to prison. The Marine Corps gap between plea and contested cases is smaller than the federal gap.
Was There a Shift Over Time?
For trials in 2016 to 2019, the median confinement was 12.5 months, based on 34 cases with confinement. For trials in 2020 to 2025, it was 11 months, based on 53 cases. The later median is lower, though by a small amount.
How Do the Services Compare?
The Army had 97 convictions, the Air Force 31, and the Navy 98. Confinement rates for the services ran from 84% to 87%. The Marine Corps guilty plea rate of 78% was the highest in the table, followed by the Navy at 77%.
| 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 Did Federal Sentences Relate to the Guideline Range?
The guideline range is what the federal guidelines calculate for a case. A sentence within it applied to 33% of the 1,256 people (409). A sentence below it at the government's request applied to 25% (311), and without a government request to 36% (450). Above the range, the figure was 7% (86).
Supervised release followed prison for 895 people (71%), with a median term of 36 months. A mandatory minimum applied to 14 (1%). Among federal guilty pleas, 91% had a written plea agreement.
What Do the Records Not Show?
Court-martial sentences are as adjudged at trial, before any clemency or appeal. Federal prison terms are those imposed, not time served. The Marine Corps data is by trial date, and the federal data is by fiscal year.
Court-martial records have no criminal history field, and 73% of federal defendants were in the lowest criminal history category, category I. The records do not show the conduct charged, the terms of any plea agreement, or the reasons for a sentence, so they cannot explain why the Marine Corps figures are higher than those of other services.
How We Counted
Marine Corps courts-martial with trial dates in 2016 to 2025 ending in a conviction for obstruction of justice (Article 131b) (103). 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. Army Courts-Martial
- 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
- 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)
- Navy-Marine Corps 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.