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# 16 U.S.C. 1538, Prohibited acts: How Federal Cases Ended, FY2016–2025
- URL: https://www.bodiesburied.com/trends/federal-statute-16-usc-1538-case-outcomes/
- Published: 2026-11-03T06:56:12.000Z
- Updated: 2026-11-03T06:56:12.000Z
- Description: For 16 U.S.C. 1538, the Federal Judicial Center lists 81 defendants whose cases ended in fiscal years 2016 to 2025 with that section as the most serious charge. 74 (91%) pleaded guilty and 75 (93%) were convicted. Of those convicted, 11 (15%) received a prison term on the charge, with a median of 3.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › 16 U.S.C. 1538

**In brief:** For 16 U.S.C. 1538, the Federal Judicial Center lists 81 defendants whose cases ended in fiscal years 2016 to 2025 with that section as the most serious charge. 74 (91%) pleaded guilty and 75 (93%) were convicted. Of those convicted, 11 (15%) received a prison term on the charge, with a median of 3.5 months.

Updated November 3, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025

This post uses the Federal Judicial Center's records of 81 federal defendants whose cases ended in fiscal years 2016 to 2025\. The series also draws on the U.S. Sentencing Commission's records of 659,036 people sentenced in fiscal years 2016 to 2025\. It is part of the [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/).

## A Small Group of Mostly Misdemeanor Cases

The U.S. Code gives section 1538 of Title 16 the heading "Prohibited acts". The post describes it by that heading alone.

The 81 cases cover 10 fiscal years, so the group is small. Class A misdemeanors were the most common level of charge, with 68 defendants (84%). Felonies accounted for 11 (14%) and petty offenses for 2 (2%).

## Guilty Pleas Ended Most Cases

Of the 81 defendants, 74 (91%) pleaded guilty, and 6 (7%) had their cases dismissed. A dismissal in these records can follow a government motion, including after the defendant pleaded guilty in a different case.

Just 1 defendant (1%) went to trial. It was a bench trial, decided by a judge, and it did not end in an acquittal (0 of 1). There were no jury trials. A single trial cannot support any statement about how trials under this section usually end.

## Sentences on the Section 1538 Charge

75 of the 81 were convicted, by plea or at trial. Of those 75, 11 (15%) received a prison term on this charge.

Among those with a term of 1 month or more, the median prison term was 3.5 months. The median here rests on a small number of defendants. It also leaves out every convicted defendant who received no prison term on this count.

## Counsel at the End of the Case

Private (retained) counsel represented 46 defendants (57%), and 96% of them pleaded guilty. Federal public or community defenders represented 27 (33%), with 93% pleading guilty and 7% dismissed.

CJA panel attorneys, private lawyers appointed by the court, represented 7 defendants (9%). In that group, 5 of 7 pleaded guilty, 1 of 7 had the case dismissed, and the 1 trial did not end in an acquittal.

People who hire a lawyer and people with an appointed lawyer face different charges and circumstances. For that reason, the counsel figures describe groups of cases, not the quality of lawyers.

| Type of counsel at the end of the case | Defendants | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
| -------------------------------------- | ---------- | -------------- | --------- | ------ | ------------------ |
| Federal public or community defender   | 27         | 93%            | 7%        | 0      | 0                  |
| CJA panel attorney                     | 7          | 5 of 7         | 1 of 7    | 1      | 0 (0 of 1)         |
| Private (retained) counsel             | 46         | 96%            | 4%        | 0      | 0                  |

## Cases by Fiscal Year

The count of cases ending each year ranged from 2 in 2022 to 15 in 2018\. In 2017 and 2018, 100% of cases ended in a guilty plea. The only trial came in 2023, a year in which 73% pleaded guilty and 18% had their cases dismissed.

With so few cases per year, a change of 1 or 2 cases moves the percentages a great deal. The yearly figures are best read as counts.

| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
| ----------- | ----------- | -------------- | --------- | ------ | ------------------ |
| 2016        | 6           | 6 of 6         | 0 of 6    | 0      | 0                  |
| 2017        | 11          | 100%           | 0%        | 0      | 0                  |
| 2018        | 15          | 100%           | 0%        | 0      | 0                  |
| 2019        | 12          | 92%            | 8%        | 0      | 0                  |
| 2020        | 8           | 8 of 8         | 0 of 8    | 0      | 0                  |
| 2021        | 5           | 5 of 5         | 0 of 5    | 0      | 0                  |
| 2022        | 2           | 1 of 2         | 1 of 2    | 0      | 0                  |
| 2023        | 11          | 73%            | 18%       | 1      | 0 (0 of 1)         |
| 2024        | 3           | 3 of 3         | 0 of 3    | 0      | 0                  |
| 2025        | 8           | 6 of 8         | 2 of 8    | 0      | 0                  |

## What the Records Do Not Cover

There is no close court-martial counterpart for this statute in the approved crosswalk, so no military comparison appears here. The data does not describe the conduct charged, fines, or the reasons for any dismissal.

### How We Counted

Every federal defendant whose case ended in fiscal years 2016 to 2025 and whose most serious charge at the end of the case (TTITLE1) was under 16 U.S.C. 1538, any subsection (81), Federal Judicial Center, counted as in the federal courts' Table D-4\. Type of counsel is TCOUNSEL; labels from the FJC criminal codebook. Section heading from the U.S. Code as published by the Office of the Law Revision Counsel (release point 119-136).

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.

**How "plea" and "trial" are counted.** In the federal sentencing numbers, "trial" means the person was convicted after a trial, including people who pleaded guilty to some counts and went to trial on others. People acquitted at trial are not in these numbers at all (see "Who is in each set of numbers"). In the federal case data, the trial rate counts both convictions and acquittals at trial among all defendants whose cases ended, including dismissed cases. Military numbers count contested cases that reached a verdict. These denominators are not the same, and each post states the one it uses.

**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.

**Type of counsel describes groups of cases, not lawyers.** The Federal Judicial Center records the type of counsel at the end of the case. Defendants who hire a lawyer differ from defendants who receive an appointed lawyer in their charges, criminal history, and circumstances, and some defendants change lawyers during a case. Differences in outcomes by type of counsel therefore cannot be credited to the type of lawyer.

## Related Analysis

- [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article)
- [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts)
- [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method)
- [16 U.S.C. 703, Taking, killing, or possessing migratory birds unlawful: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-16-usc-703-case-outcomes/) (same title of the U.S. Code)
- [16 U.S.C. 704, Determination as to when and how migratory birds may be taken, killed, or possessed: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-16-usc-704-case-outcomes/) (same title of the U.S. Code)
- [16 U.S.C. 3372, Prohibited acts: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-16-usc-3372-case-outcomes/) (same title of the U.S. Code)
- [16 U.S.C. 3373, Penalties and sanctions: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-16-usc-3373-case-outcomes/) (same title of the U.S. Code)
- [Appointed vs. Retained Lawyers in Federal Criminal Cases: How Cases Ended, 2016–2025](https://www.bodiesburied.com/trends/federal-appointed-vs-retained-counsel-outcomes/)
- [Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?](https://www.bodiesburied.com/trends/federal-trial-acquittal-rates-vs-courts-martial/)
- [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source)
- [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.