Federal Stalking and Harassment Sentences in the Northern District of West Virginia, FY2016–2025
All 11 people sentenced for stalking or harassing offenses in the Northern District of West Virginia received a prison term. The median was 41 months (3.4 years), higher than the 24 months across all 94 federal districts. In 4 of the 11 cases (36%), the sentence was above the guideline range.
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In brief: All 11 people sentenced for stalking or harassing offenses in the Northern District of West Virginia received a prison term. The median was 41 months (3.4 years), higher than the 24 months across all 94 federal districts. In 4 of the 11 cases (36%), the sentence was above the guideline range.
This post uses the U.S. Sentencing Commission's records of 11 people sentenced in federal court in fiscal years 2016 to 2025. 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.
Sentences Above the Guideline Range
The most distinctive number in this group is the share of sentences above the guideline range. Of the 11 people, 4 (36%) were sentenced above the range. Another 5 (45%) were sentenced within the range, 1 (9%) was sentenced below it at the government's request, and 1 (9%) was sentenced below it without a request.
Across all 94 districts, 47% of sentences in this offense type were within the range. For all offenses in this district, 57% were within the range. In this district's assault cases, none were above the range.
The records show where sentences fell against the range. They do not show the reason for any single sentence.
Prison Terms
The U.S. Sentencing Commission counted 11 people in the offense type it labels "Stalking/Harassing." Each one (100%) received a prison term. Across all districts, 89% of people in this offense type were sent to prison.
The median prison term was 41 months (3.4 years). A quarter received 60 months or more, and a quarter received 20 months or less. For all offenses in this district, the median was 37 months, so the median here was higher, but not by much.
These cases were less than 1% of the 2,879 people sentenced in the district in fiscal years 2016 to 2025.
Which Guidelines Applied
The Commission assigns the offense type from the primary guideline. In this district, 6 cases used §2A6.1 (Threatening or Harassing Communications). Another 4 used §2A6.2 (Stalking or Domestic Violence).
The records cover fiscal years 2016 to 2024 for this offense type. A mandatory minimum prison term applied to 1 of the 11 people (9%).
Pleas and the One Trial
Of the 11 people, 10 (91%) pleaded guilty, and 1 was convicted after a trial. Across all districts, 92% pleaded guilty. Among the guilty pleas, 90% had a written plea agreement, and 10% were straight pleas.
The median prison term after a guilty plea was 34 months. The one person convicted at trial received 71 months. That is a single case, so it does not support a comparison with the plea group.
After Prison and Criminal History
Supervised release after prison was ordered for 9 people (82%), with a median term of 36 months. A fine was ordered for 1 person (9%), and restitution for 1 (9%).
In the criminal history records, 36% of people were in the lowest category, category I, and 36% were in the highest, category VI. Court-martial records have no criminal history field.
Cases by Fiscal Year
The district sentenced 5 people in this group in fiscal years 2016 to 2019 and 6 in fiscal years 2020 to 2025. Fiscal year 2024 had 4 people, with a median of 46 months. Every other year in the table has 1 or 2.
The medians range from 10.6 months in 2019 to 60 months in 2022 and 2023. With so few people per year, the table does not show a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 1 | 24 months | 1 of 1 |
| 2017 | 2 | 49 months | 1 of 2 |
| 2019 | 2 | 10.6 months | 2 of 2 |
| 2022 | 1 | 60 months | 1 of 1 |
| 2023 | 1 | 60 months | 1 of 1 |
| 2024 | 4 | 46 months | 4 of 4 |
What the Records Cannot Show
Only people who were convicted and sentenced are counted. Acquittals and dismissals are not in the data, and prison terms are those imposed, not time served.
The records do not describe the conduct in any case, so they cannot show how the threatening communications cases differ from the stalking cases in their terms.
How We Counted
Everyone sentenced in federal court in the Northern District of West Virginia (U.S. Sentencing Commission district label "W Virginia North") in fiscal years 2016 to 2025 whose offense type was "Stalking/Harassing" (11). Offense types are the Commission's OFFGUIDE categories.
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
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.
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.
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.
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.
Mandatory minimum sentences. Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge.
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)
- Federal Sentences in the Northern District of West Virginia, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- Federal Prison Offense Sentences in the Northern District of West Virginia, FY2016–2025 (same district, other offense type)
- 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.