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# 18 U.S.C. 842, Unlawful acts: How Federal Cases Ended, FY2016–2025
- URL: https://www.bodiesburied.com/trends/federal-statute-18-usc-842-case-outcomes/
- Published: 2026-11-03T06:55:53.000Z
- Updated: 2026-11-03T06:55:53.000Z
- Description: Under 18 U.S.C. 842, 136 of the 190 defendants convicted in fiscal years 2016 to 2025 (72%) received a prison term on that charge, and the median term was 29 months (2.4 years). In all, 208 federal defendants had this section as their most serious charge when the case ended. Of them, 185 (89%) plead
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › 18 U.S.C. 842

**In brief:** Under 18 U.S.C. 842, 136 of the 190 defendants convicted in fiscal years 2016 to 2025 (72%) received a prison term on that charge, and the median term was 29 months (2.4 years). In all, 208 federal defendants had this section as their most serious charge when the case ended. Of them, 185 (89%) pleaded guilty, 17 (8%) had the charges dismissed, and 6 (3%) went to trial.

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 208 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/).

## Prison Terms After Conviction

Not every conviction under this section led to prison time on the charge. A term was imposed on 136 of the 190 people convicted (72%).

For those with a term of 1 month or more, the median was 29 months (2.4 years). The median is the middle term once all terms are put in order. It does not show how far the other terms reached in either direction.

## Felony and Misdemeanor Charges

Most charges in this group were felonies: 178 defendants (86%). The other 30 (14%) were charged with a Class A misdemeanor. The records list no petty offenses.

The level recorded is the level of the most serious charge at the close of the case, not necessarily the charge filed at the start.

## About the Section and the Source

Title 18, section 842 of the U.S. Code is headed "Unlawful acts". Charges under any of its subsections are counted together.

The Federal Judicial Center supplies the counts. Its data includes each defendant whose case ended in the period, whether the end was a sentence, a dismissal, or an acquittal.

## Guilty Pleas, Dismissals, and Trials

Guilty pleas ended 185 of the 208 cases (89%). Dismissal ended 17 (8%). In these records, a dismissal may be a charge the government withdrew by motion, such as after the defendant pleaded guilty in another matter.

Of the 6 trials, juries heard 5 and acquitted in none (0 of 5). A judge heard 1 and acquitted. Altogether, 1 of 6 trials ended in an acquittal, and 190 of the 208 defendants (91%) were convicted by plea or verdict.

## Counsel Recorded at Case End

Federal public or community defenders were recorded for 95 defendants (46%), CJA panel attorneys for 57 (27%), and private (retained) counsel for 54 (26%). A CJA panel attorney is a private lawyer appointed by the court to the case.

The defender group had 87% guilty pleas and 11% dismissals, with 2 trials and 1 acquittal (1 of 2). The CJA panel group had 89% guilty pleas and 7% dismissals, with 2 trials and 0 acquittals. The retained group had 94% guilty pleas and 2% dismissals, also with 2 trials and 0 acquittals.

The groups are made of different kinds of cases. People who pay for a lawyer and people who receive an appointed one face different charges and circumstances, so these figures describe groups of cases and 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   | 95         | 87%            | 11%       | 2      | 1 (1 of 2)         |
| CJA panel attorney                     | 57         | 89%            | 7%        | 2      | 0 (0 of 2)         |
| Private (retained) counsel             | 54         | 94%            | 2%        | 2      | 0 (0 of 2)         |

## From One Fiscal Year to the Next

Annual totals ranged from 7 cases in fiscal year 2022 to 32 in fiscal year 2017\. In fiscal years 2024 and 2025, every case ended in a guilty plea (100%). Fiscal year 2019 had a dismissal share of 14% and the only acquittal in the table.

Yearly counts at this size can change a lot from a few cases. They do not establish a trend.

| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
| ----------- | ----------- | -------------- | --------- | ------ | ------------------ |
| 2016        | 21          | 86%            | 10%       | 1      | 0 (0 of 1)         |
| 2017        | 32          | 91%            | 6%        | 1      | 0 (0 of 1)         |
| 2018        | 22          | 82%            | 9%        | 2      | 0 (0 of 2)         |
| 2019        | 29          | 83%            | 14%       | 1      | 1 (1 of 1)         |
| 2020        | 22          | 91%            | 9%        | 0      | 0                  |
| 2021        | 21          | 90%            | 10%       | 0      | 0                  |
| 2022        | 7           | 7 of 7         | 0 of 7    | 0      | 0                  |
| 2023        | 25          | 84%            | 12%       | 1      | 0 (0 of 1)         |
| 2024        | 14          | 100%           | 0%        | 0      | 0                  |
| 2025        | 15          | 100%           | 0%        | 0      | 0                  |

## What Cannot Be Learned Here

These are counts of results, not accounts of cases. The records give no facts about the conduct charged and no reasons for a dismissal, a plea, or a verdict. The approved crosswalk offers no close court-martial counterpart for this section, so the post reports federal cases on their own.

### 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. 842, any subsection (208), 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)
- [18 U.S.C. 751, Prisoners in custody of institution or officer: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-18-usc-751-case-outcomes/) (same title of the U.S. Code)
- [18 U.S.C. 758, High speed flight from immigration checkpoint: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-18-usc-758-case-outcomes/) (same title of the U.S. Code)
- [18 U.S.C. 844, Penalties: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-18-usc-844-case-outcomes/) (same title of the U.S. Code)
- [18 U.S.C. 871, Threats against President and successors to the Presidency: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-18-usc-871-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.