> ## Content Index
> Fetch the complete content index at: https://www.bodiesburied.com/llms.txt
> Use this file to discover other available public pages before exploring further.

# 21 U.S.C. 844, Penalties for simple possession: How Federal Cases Ended, FY2016–2025
- URL: https://www.bodiesburied.com/trends/federal-statute-21-usc-844-case-outcomes/
- Published: 2026-11-03T06:55:10.000Z
- Updated: 2026-11-03T06:55:10.000Z
- Description: Charges were dismissed for 3,419 of the 9,740 federal defendants (35%) whose most serious charge at the end of the case was under 21 U.S.C. 844, in fiscal years 2016 to 2025. Another 6,285 (65%) pleaded guilty and 36 went to trial, with 11 acquittals. Nearly all of these charges (97%) were Class A m
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › 21 U.S.C. 844

**In brief:** Charges were dismissed for 3,419 of the 9,740 federal defendants (35%) whose most serious charge at the end of the case was under 21 U.S.C. 844, in fiscal years 2016 to 2025\. Another 6,285 (65%) pleaded guilty and 36 went to trial, with 11 acquittals. Nearly all of these charges (97%) were Class A misdemeanors, and the median prison term was 6 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 9,740 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/).

## Dismissals Were Common for This Charge

Section 844 of Title 21 is headed "Penalties for simple possession". The Federal Judicial Center counted 9,740 defendants whose most serious remaining charge fell under this section when their cases ended.

Of those defendants, 3,419 (35%) had their charges dismissed. In this data, a dismissal includes charges dropped on the government's motion, which can happen, for example, after the defendant pleads guilty in another case.

A guilty plea ended 6,285 cases (65%). Just 36 cases (less than 1%) went to trial. In all, 6,310 of the 9,740 (65%) were convicted.

## Misdemeanors, Not Felonies

This charge was usually a misdemeanor. Class A misdemeanors made up 9,481 cases (97%). Felonies made up 258 (3%), and 1 case (less than 1%) was a petty offense.

Of the 6,310 convicted, 3,868 (61%) received a prison term on this charge. For those with a term of 1 month or more, the median prison term was 6 months. The rest of those convicted received no prison term on this charge.

## How the Numbers Changed by Fiscal Year

The number of cases ending each year fell over the period. There were 2,278 in fiscal year 2016 and 189 in fiscal year 2025.

The dismissal share was higher in most later years than in fiscal year 2016\. It was 14% in fiscal year 2016, 46% in fiscal year 2019, and 78% in fiscal year 2023\. In fiscal year 2025 it was 44%.

The records show these changes but not why they happened. With small yearly counts in the later years, single-year rates can move a lot. A federal fiscal year begins on October 1.

| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
| ----------- | ----------- | -------------- | --------- | ------ | ------------------ |
| 2016        | 2,278       | 86%            | 14%       | 6      | 1 (1 of 6)         |
| 2017        | 1,754       | 80%            | 20%       | 7      | 2 (2 of 7)         |
| 2018        | 1,338       | 64%            | 36%       | 7      | 4 (4 of 7)         |
| 2019        | 1,120       | 54%            | 46%       | 1      | 0 (0 of 1)         |
| 2020        | 792         | 57%            | 43%       | 5      | 2 (2 of 5)         |
| 2021        | 681         | 55%            | 44%       | 6      | 1 (1 of 6)         |
| 2022        | 688         | 47%            | 53%       | 0      | 0                  |
| 2023        | 627         | 22%            | 78%       | 2      | 0 (0 of 2)         |
| 2024        | 273         | 36%            | 64%       | 0      | 0                  |
| 2025        | 189         | 54%            | 44%       | 2      | 1 (1 of 2)         |

## Trials and Acquittals

Of the 36 trials, 11 ended in an acquittal (31%). Bench trials, decided by a judge, numbered 21, with 9 acquittals (43%). Jury trials numbered 15, with 2 acquittals (13%).

These trial counts are small. A few cases going one way or the other would change the rates noticeably.

## Counsel, Including Self-Represented Defendants

Type of counsel is the type recorded at the end of the case. Federal public or community defenders represented 3,546 defendants (36%). CJA panel attorneys, private lawyers appointed by the court, represented 2,984 (31%). Private (retained) counsel represented 966 (10%).

An unusually large group, 1,505 defendants (15%), had no lawyer at the end of the case. Of those self-represented defendants, 74% had their cases dismissed and 26% pleaded guilty.

Among the lawyer groups, the dismissal rate was 26% for defenders, 11% for CJA panel attorneys, and 34% for retained counsel. Guilty pleas were 74%, 89%, and 66%. At trial, defenders had 3 acquittals in 12 trials (25%), CJA panel attorneys 2 in 11 (18%), retained counsel 3 of 8, and self-represented defendants 3 of 5.

These differences describe groups of cases, not how good any lawyer was. Defendants who hire a lawyer, those who receive an appointed lawyer, and those who go without one face different charges and circumstances.

| Type of counsel at the end of the case | Defendants | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
| -------------------------------------- | ---------- | -------------- | --------- | ------ | ------------------ |
| Federal public or community defender   | 3,546      | 74%            | 26%       | 12     | 3 (25%)            |
| CJA panel attorney                     | 2,984      | 89%            | 11%       | 11     | 2 (18%)            |
| Private (retained) counsel             | 966        | 66%            | 34%       | 8      | 3 (3 of 8)         |
| Self-represented                       | 1,505      | 26%            | 74%       | 5      | 3 (3 of 5)         |

## What These Records Leave Out

Each defendant is counted under the most serious charge at the end of the case, so people whose possession charge was replaced by another charge do not appear here.

The data does not explain why a case was dismissed or why a defendant pleaded guilty. It also cannot show the facts behind any single case.

### 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 21 U.S.C. 844, any subsection (9,740), 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)
- [21 U.S.C. 841, Prohibited acts A: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-21-usc-841-case-outcomes/) (same title of the U.S. Code)
- [21 U.S.C. 843, Prohibited acts C: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-21-usc-843-case-outcomes/) (same title of the U.S. Code)
- [21 U.S.C. 846, Attempt and conspiracy: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-21-usc-846-case-outcomes/) (same title of the U.S. Code)
- [21 U.S.C. 848, Continuing criminal enterprise: How Federal Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-statute-21-usc-848-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/)
- [Army Article 112a Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-112a-trend-2021-2025/) (court-martial data)
- [How Often Are Contested Army Article 112a Cases Acquitted?](https://www.bodiesburied.com/trends/army-article-112a-acq-2021-2025/) (court-martial data)
- [Are Air Force Drug Courts-Martial Disappearing? Article 112a, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-112a-trend-2016-2025/) (court-martial data)
- [Is Navy-Marine Corps Drug Prosecution Rising or Falling? Article 112a, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-trend-2017-2025/) (court-martial data)
- [Fighting a Navy-Marine Corps Drug Charge: How Contested Cases Ended](https://www.bodiesburied.com/trends/navy-marine-corps-article-112a-acq-2017-2025/) (court-martial data)
- [Article 112a (Wrongful Use, Possession of Controlled Substances): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-112a-courts-martial/) (court-martial data)
- [Article 112a UCMJ Drug Offenses and Positive Urinalysis](https://www.ucmj-defender.com/ucmj/article-112a-drug-offenses/?ref=bodiesburied.com) (law firm reference page)
- [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.