18 U.S.C. 751, Prisoners in custody of institution or officer: How Federal Cases Ended, FY2016–2025
Nearly every conviction under 18 U.S.C. 751 led to a prison term on that charge: 2,937 of the 2,990 people convicted (98%), with a median term of 12 months. Over fiscal years 2016 to 2025, 3,190 federal defendants had this section as their most serious charge when the case ended, and 2,974 (93%) ple
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In brief: Nearly every conviction under 18 U.S.C. 751 led to a prison term on that charge: 2,937 of the 2,990 people convicted (98%), with a median term of 12 months. Over fiscal years 2016 to 2025, 3,190 federal defendants had this section as their most serious charge when the case ended, and 2,974 (93%) pleaded guilty. Only 24 went to trial, and 8 of those trials ended in an acquittal (33%).
This post uses the Federal Judicial Center's records of 3,190 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.
How Often Did a Conviction Bring Prison Time?
Of the 2,990 defendants convicted under this section, 2,937 (98%) were given a prison term on the charge. The median term, counting only terms of 1 month or more, was 12 months.
The median is the term in the middle of the list when all terms are ranked. As many terms fall above it as below it, and it says nothing about the longest or shortest terms.
Where the Numbers Come From
The U.S. Code heading for Title 18, section 751 reads "Prisoners in custody of institution or officer". Charges under any subsection are included.
The counts come from the Federal Judicial Center, which lists each defendant whose case ended in the fiscal year. Cases that were dismissed or ended in an acquittal are part of the total, along with those that led to a sentence.
A felony was the level of the charge for 3,081 defendants (97%). Another 109 (3%) faced a Class A misdemeanor, and no petty offenses appear.
Pleas and Dismissals
Guilty pleas closed 2,974 cases (93%). The charges were dismissed for 192 defendants (6%). A dismissal here can include a charge the government dropped by motion, such as after a guilty plea in another case.
Taken together, pleas and trial verdicts produced 2,990 convictions out of 3,190 defendants (94%).
The 24 Trials
Trials made up less than 1% of the cases. A jury heard 16 and acquitted in 5 (31%). A judge alone heard 8 and acquitted in 3 of 8.
Because so few cases were tried, 1 or 2 verdicts can move these rates by a large amount. The acquittal rate also applies only to trials, not to every case filed.
Appointed Counsel in Most Cases
A federal public or community defender was recorded for 1,984 defendants (62%). A CJA panel attorney, meaning a private lawyer appointed by the court, was recorded for 1,000 (31%). Private (retained) counsel was recorded for 80 (3%), and 1 defendant was self-represented.
The defender and CJA panel groups both had 97% guilty pleas and 2% dismissals. The defender group had 11 trials, with 4 acquittals (36%). The CJA panel group had 13 trials, with 4 acquittals (31%). The retained group had 95% guilty pleas, 5% dismissals, and no trials.
These rates describe groups of cases and say nothing about the quality of lawyers. Who hires a lawyer and who receives one by appointment depends on charges and circumstances that differ between the groups.
| Type of counsel at the end of the case | Defendants | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| Federal public or community defender | 1,984 | 97% | 2% | 11 | 4 (36%) |
| CJA panel attorney | 1,000 | 97% | 2% | 13 | 4 (31%) |
| Private (retained) counsel | 80 | 95% | 5% | 0 | 0 |
| Self-represented | 1 | 0 of 1 | 1 of 1 | 0 | 0 |
Changes Across Fiscal Years
Each fiscal year had between 274 and 354 cases end. Guilty pleas ranged from 86% in fiscal year 2022 to 98% in fiscal year 2017. Fiscal year 2022 also had the highest dismissal share, at 14%.
Fiscal year 2020 had 5 trials, and 3 of 5 ended in an acquittal. The other years had 4 trials or fewer, so the yearly acquittal counts are too small to read as a pattern.
| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| 2016 | 286 | 96% | 4% | 1 | 0 (0 of 1) |
| 2017 | 343 | 98% | 2% | 0 | 0 |
| 2018 | 321 | 94% | 6% | 1 | 1 (1 of 1) |
| 2019 | 331 | 95% | 4% | 3 | 0 (0 of 3) |
| 2020 | 274 | 91% | 7% | 5 | 3 (3 of 5) |
| 2021 | 313 | 94% | 5% | 1 | 0 (0 of 1) |
| 2022 | 354 | 86% | 14% | 3 | 2 (2 of 3) |
| 2023 | 353 | 93% | 6% | 2 | 0 (0 of 2) |
| 2024 | 315 | 93% | 6% | 4 | 2 (2 of 4) |
| 2025 | 300 | 93% | 6% | 4 | 0 (0 of 4) |
What the Records Leave Out
These records list the final charge, the result, and the type of counsel. They do not show the facts behind any case, why a charge was dismissed, or why a jury or judge reached a verdict. No close court-martial counterpart for this section appears in the approved crosswalk, so military cases are not part of this count.
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. 751, any subsection (3,190), 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. 666, Theft or bribery concerning programs receiving Federal funds: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 669, Theft or embezzlement in connection with health care: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 758, High speed flight from immigration checkpoint: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 842, Unlawful 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.