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
Federal records list 139 defendants whose case ended in fiscal years 2016 to 2025 with 16 U.S.C. 704 as the most serious charge. None of those charges was a felony, and 69 of the defendants (50%) had no lawyer. 121 (87%) pleaded guilty, and 6 of the 7 trials ended in an acquittal.
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In brief: Federal records list 139 defendants whose case ended in fiscal years 2016 to 2025 with 16 U.S.C. 704 as the most serious charge. None of those charges was a felony, and 69 of the defendants (50%) had no lawyer. 121 (87%) pleaded guilty, and 6 of the 7 trials ended in an acquittal.
This post uses the Federal Judicial Center's records of 139 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 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.
The Statute and the Count
Section 704 of Title 16 has the official heading "Determination as to when and how migratory birds may be taken, killed, or possessed". That heading is the only description of the law in this post.
The Federal Judicial Center data used here counts a defendant once, under the most serious charge remaining when the case ended. Every way a case can end is included, from guilty pleas to dismissals and acquittals.
No Felony Charges Were Recorded
Every charge in this group was below the felony level. Class A misdemeanors accounted for 127 defendants (91%) and petty offenses for 12 (9%). The felony count was 0 (0%).
That is the main thing to know before reading the sentences and the counsel numbers. These were lower-level federal charges throughout the period.
Many Defendants Had No Lawyer
Self-represented defendants made up the largest counsel group: 69 defendants (50%). Of them, 99% pleaded guilty and 1% had their cases dismissed. None went to trial.
Private (retained) counsel represented 50 defendants (36%). In that group, 78% pleaded guilty, 8% had their cases dismissed, and 7 went to trial, with 6 of 7 ending in an acquittal. Federal public or community defenders had 11 defendants (8%), all of whom pleaded guilty, and CJA panel attorneys had 3, who pleaded guilty 3 of 3.
These figures compare groups that differ in their charges and circumstances, since people who hire a lawyer are not in the same position as those who receive one. They 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 | 11 | 100% | 0% | 0 | 0 |
| CJA panel attorney | 3 | 3 of 3 | 0 of 3 | 0 | 0 |
| Private (retained) counsel | 50 | 78% | 8% | 7 | 6 (6 of 7) |
| Self-represented | 69 | 99% | 1% | 0 | 0 |
Trials and Acquittals
7 defendants (5%) went to trial. The 1 jury trial did not end in an acquittal (0 of 1). All 6 bench trials, which a judge decides without a jury, ended in an acquittal (6 of 6).
The yearly table shows that those 6 acquittals all came in fiscal year 2021. A cluster in a single year from so few trials is not a pattern, and the records do not say whether the cases were related.
| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| 2016 | 20 | 70% | 25% | 1 | 0 (0 of 1) |
| 2017 | 6 | 6 of 6 | 0 of 6 | 0 | 0 |
| 2018 | 5 | 5 of 5 | 0 of 5 | 0 | 0 |
| 2019 | 23 | 96% | 4% | 0 | 0 |
| 2020 | 19 | 100% | 0% | 0 | 0 |
| 2021 | 18 | 67% | 0% | 6 | 6 (6 of 6) |
| 2022 | 10 | 90% | 10% | 0 | 0 |
| 2023 | 5 | 5 of 5 | 0 of 5 | 0 | 0 |
| 2024 | 16 | 100% | 0% | 0 | 0 |
| 2025 | 17 | 76% | 24% | 0 | 0 |
Pleas, Dismissals, and Convictions
Guilty pleas ended 121 cases (87%), and 11 defendants (8%) had their charges dismissed. Dismissals can include charges the government dropped after a plea in another case.
In all, 122 of the 139 (88%) were convicted. Year to year, the plea share was 100% in 2020 and 2024, and lower in 2016 and 2025, when 25% and 24% of cases were dismissed.
Prison Terms Were Rare
Only 2 of the 122 convicted defendants (2%) received a prison term on the section 704 charge. Their median term was 36 months (3 years).
A median from 2 cases says very little. It should not be read as a typical sentence under this statute, since almost every convicted defendant received no prison term on that charge.
What These Numbers Leave Out
No close court-martial counterpart exists for section 704 in the approved crosswalk. The records also do not show fines, the facts of the cases, or why a charge was dismissed or a trial ended in an acquittal.
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. 704, any subsection (139), 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 (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- 16 U.S.C. 703, Taking, killing, or possessing migratory birds unlawful: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 16 U.S.C. 1538, Prohibited acts: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 16 U.S.C. 3372, Prohibited acts: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- Appointed vs. Retained Lawyers in Federal Criminal Cases: How Cases Ended, 2016–2025
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?
- 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.