21 U.S.C. 856, Maintaining drug-involved premises: How Federal Cases Ended, FY2016–2025
In fiscal years 2016 to 2025, 711 federal defendants had a most serious charge under 21 U.S.C. 856 when their cases ended. 646 (91%) pleaded guilty, 46 (6%) had their cases dismissed, and 19 (3%) went to trial, where 2 were acquitted. The median prison term was 41 months (3.4 years), and 522 of the
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In brief: In fiscal years 2016 to 2025, 711 federal defendants had a most serious charge under 21 U.S.C. 856 when their cases ended. 646 (91%) pleaded guilty, 46 (6%) had their cases dismissed, and 19 (3%) went to trial, where 2 were acquitted. The median prison term was 41 months (3.4 years), and 522 of the 663 convicted (79%) received a prison term on that charge.
This post uses the Federal Judicial Center's records of 711 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.
Which Cases Are Counted
The U.S. Code heading for Title 21, section 856 is "Maintaining drug-involved premises". The Federal Judicial Center data used here lists 711 defendants whose most serious charge at the close of the case fell under this section.
The count includes every defendant whose case ended, whether by plea, dismissal, or trial verdict. It follows the federal courts' Table D-4. All 711 charges were felonies (100%).
Guilty Pleas, Dismissals, and Convictions
Most defendants, 646 of them (91%), pleaded guilty. Charges were dismissed for 46 (6%).
A dismissal in this data may be on the government's motion. One example is a charge dismissed after the defendant pleaded guilty in a different case.
Counting pleas and trial verdicts, 663 of the 711 (93%) were convicted.
What Happened at Trial?
19 defendants (3%) went to trial, and 2 of those trials ended in an acquittal (11%). Both acquittals came in jury trials, of which there were 18. The 1 bench trial did not end in an acquittal.
With 19 trials over 10 fiscal years, the trial numbers are small. No single fiscal year had more than 5 trials, and fiscal years 2024 and 2025 had 0.
| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| 2016 | 67 | 96% | 3% | 1 | 0 (0 of 1) |
| 2017 | 80 | 86% | 8% | 5 | 0 (0 of 5) |
| 2018 | 68 | 90% | 6% | 3 | 0 (0 of 3) |
| 2019 | 55 | 95% | 4% | 1 | 0 (0 of 1) |
| 2020 | 65 | 85% | 12% | 2 | 1 (1 of 2) |
| 2021 | 82 | 87% | 7% | 5 | 0 (0 of 5) |
| 2022 | 76 | 92% | 7% | 1 | 0 (0 of 1) |
| 2023 | 85 | 88% | 11% | 1 | 1 (1 of 1) |
| 2024 | 73 | 96% | 4% | 0 | 0 |
| 2025 | 60 | 98% | 2% | 0 | 0 |
Prison Terms on This Charge
Of the 663 convicted, 522 (79%) received a prison term on this charge. The others were convicted but received no prison term on it.
For those whose term was 1 month or more, the median prison term was 41 months (3.4 years). The median is the value in the middle of all terms once they are sorted by length.
Type of Counsel
Counsel type is recorded at the end of the case. CJA panel attorneys, who are private lawyers appointed by the court, represented 438 defendants (62%). Private (retained) counsel represented 174 (24%). Federal public or community defenders represented 88 (12%).
Plea and dismissal rates were similar across these groups. Guilty pleas were 92% for CJA panel attorneys, 94% for retained counsel, and 93% for defenders, and each group had a 5% dismissal rate.
CJA panel attorneys handled 14 of the trials, with 2 acquittals (14%). Retained counsel had 3 trials and defenders had 2, and none of those ended in an acquittal.
The counts by counsel describe groups of cases, not the quality of lawyers. People who hire a lawyer and people who receive an appointed lawyer 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 | 88 | 93% | 5% | 2 | 0 (0 of 2) |
| CJA panel attorney | 438 | 92% | 5% | 14 | 2 (14%) |
| Private (retained) counsel | 174 | 94% | 5% | 3 | 0 (0 of 3) |
What the Numbers Do Not Cover
Each defendant is listed under only the most serious charge remaining at the end of the case. Someone charged under section 856 alongside a more serious charge would be counted under the other charge.
The records do not describe the facts of any case. They cannot show why a defendant chose to plead guilty or go to trial, or why a charge was dismissed.
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. 856, any subsection (711), 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)
- 21 U.S.C. 846, Attempt and conspiracy: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 21 U.S.C. 848, Continuing criminal enterprise: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 21 U.S.C. 952, Importation of controlled substances: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 21 U.S.C. 959, Possession, manufacture, or distribution of controlled substance: 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.