18 U.S.C. 1791, Providing or possessing contraband in prison: How Federal Cases Ended, FY2016–2025
A conviction under 18 U.S.C. 1791 nearly always brought a prison term on that charge: 1,753 of the 1,915 convicted (92%) received one, with a median of 9 months. Of 2,098 federal defendants whose cases ended in fiscal years 2016 to 2025, 1,888 (90%) pleaded guilty. Only 43 went to trial, but 16 of t
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In brief: A conviction under 18 U.S.C. 1791 nearly always brought a prison term on that charge: 1,753 of the 1,915 convicted (92%) received one, with a median of 9 months. Of 2,098 federal defendants whose cases ended in fiscal years 2016 to 2025, 1,888 (90%) pleaded guilty. Only 43 went to trial, but 16 of those trials (37%) ended in an acquittal.
This post uses the Federal Judicial Center's records of 2,098 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.
Prison Followed Most Convictions
Of the 2,098 defendants, 1,915 (91%) were convicted by plea or at trial. A prison term on this charge was ordered for 1,753 of them (92%).
The median term was 9 months for those with a term of 1 month or more. The median is the middle term when all terms are listed in order. Only the term on this charge is counted, not time on other counts or other cases.
The Heading and the Count
Section 1791 of Title 18 has the official heading "Providing or possessing contraband in prison". That heading is the only description of the law used in this post.
A defendant is counted here when this section was the most serious charge at the end of the case, under any subsection. The counting method is the one used in the federal courts' Table D-4.
Acquittals at Trial
Trials ended 43 cases (2%). Of those, 16 ended in an acquittal (37%).
Juries heard 35 trials and acquitted in 15 (43%). Judges heard 8 bench trials and acquitted in 1 of 8.
The trial group is small next to the 1,888 guilty pleas (90%). Cases that go to trial are not a random sample of all cases. The acquittal share describes those 43 trials only.
Felony, Misdemeanor, and Petty Offense Cases
Cases under this section were recorded at all 3 charge levels. Felonies made up 1,250 cases (60%), Class A misdemeanors 814 (39%), and petty offenses 34 (2%).
The sheet does not give prison terms or outcomes by charge level. The figures in this post cover all 3 levels together.
Lawyers Appointed and Retained
Federal public or community defenders represented 1,322 defendants (63%). CJA panel attorneys, private lawyers appointed by the court, represented 632 (30%). Retained private counsel represented 88 (4%), and 3 defendants represented themselves.
Guilty plea rates were 93% in defender cases, 91% in CJA panel cases, and 93% with retained counsel. Defender cases had 19 trials with 9 acquittals (47%). CJA panel cases had 22 trials with 7 acquittals (32%). Retained counsel had 2 trials and 0 acquittals.
Counsel type is recorded at the end of the case. Defendants with hired and appointed lawyers often face different charges and circumstances. These 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 | 1,322 | 93% | 6% | 19 | 9 (47%) |
| CJA panel attorney | 632 | 91% | 6% | 22 | 7 (32%) |
| Private (retained) counsel | 88 | 93% | 5% | 2 | 0 (0 of 2) |
| Self-represented | 3 | 3 of 3 | 0 of 3 | 0 | 0 |
Year to Year
The yearly count of cases ending ranged from 125 in fiscal year 2023 to 325 in fiscal year 2019. The dismissal rate was 4% in several years and 17% in fiscal year 2022.
Trials never exceeded 6 in a single year. In fiscal year 2021, 4 of 6 trials ended in an acquittal, and in fiscal year 2025, 2 of 2 did. Yearly trial counts this small do not show a trend.
| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| 2016 | 203 | 95% | 4% | 2 | 0 (0 of 2) |
| 2017 | 177 | 93% | 5% | 4 | 2 (2 of 4) |
| 2018 | 272 | 94% | 4% | 5 | 1 (1 of 5) |
| 2019 | 325 | 92% | 6% | 5 | 1 (1 of 5) |
| 2020 | 196 | 87% | 12% | 3 | 1 (1 of 3) |
| 2021 | 288 | 85% | 13% | 6 | 4 (4 of 6) |
| 2022 | 217 | 81% | 17% | 5 | 3 (3 of 5) |
| 2023 | 125 | 90% | 6% | 5 | 1 (1 of 5) |
| 2024 | 144 | 92% | 4% | 6 | 1 (1 of 6) |
| 2025 | 151 | 94% | 5% | 2 | 2 (2 of 2) |
What These Records Do Not Show
The data records outcomes and charge levels. It does not show the item involved, the evidence, or the reasons behind a dismissal or a verdict. The approved crosswalk lists no close court-martial counterpart, so only federal numbers appear here.
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 18 U.S.C. 1791, any subsection (2,098), 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)
- 18 U.S.C. 1711, Misappropriation of postal funds: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 1752, Restricted building or grounds: How Federal Cases Ended, FY2017–2025 (same title of the U.S. Code)
- 18 U.S.C. 1832, Theft of trade secrets: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 1920, False statement or fraud to obtain Federal employees’ compensation: 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.