21 U.S.C. 963, Attempt and conspiracy: How Federal Cases Ended, FY2016–2025
3,693 federal defendants had their cases end in fiscal years 2016 to 2025 with 21 U.S.C. 963 as the most serious charge. 3,094 (84%) pleaded guilty, 541 (15%) had their cases dismissed, and 58 (2%) went to trial. The median prison term among those with a term was 66 months (5.5 years).
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In brief: 3,693 federal defendants had their cases end in fiscal years 2016 to 2025 with 21 U.S.C. 963 as the most serious charge. 3,094 (84%) pleaded guilty, 541 (15%) had their cases dismissed, and 58 (2%) went to trial. The median prison term among those with a term was 66 months (5.5 years).
This post uses the Federal Judicial Center's records of 3,693 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.
Section 963 by Its Heading
Title 21, section 963 of the U.S. Code is headed "Attempt and conspiracy". This post describes the statute only by that heading.
The count covers every federal defendant whose case ended with this section as the most serious remaining charge, as the Federal Judicial Center records it. Dismissals and acquittals are included.
Most Cases Ended in a Plea
Guilty pleas closed 3,094 of the 3,693 cases (84%). Dismissals closed 541 (15%).
A dismissal means the charges were dropped. It can include a dismissal on the government's motion, for example after a defendant pleaded guilty in another case.
The dismissal share differed by year. It was 9% in 2016 and 27% in 2023. The yearly table shows each fiscal year from 2016 through 2025.
| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| 2016 | 445 | 88% | 9% | 14 | 3 (21%) |
| 2017 | 441 | 86% | 13% | 4 | 1 (1 of 4) |
| 2018 | 399 | 87% | 10% | 10 | 0 (0%) |
| 2019 | 389 | 86% | 13% | 4 | 0 (0 of 4) |
| 2020 | 323 | 86% | 13% | 2 | 0 (0 of 2) |
| 2021 | 314 | 89% | 9% | 8 | 5 (5 of 8) |
| 2022 | 350 | 80% | 18% | 5 | 1 (1 of 5) |
| 2023 | 376 | 72% | 27% | 4 | 0 (0 of 4) |
| 2024 | 380 | 78% | 21% | 4 | 2 (2 of 4) |
| 2025 | 276 | 84% | 14% | 3 | 0 (0 of 3) |
When Cases Went to Trial
58 defendants (2%) went to trial. 12 of those trials ended in an acquittal (21%).
Juries decided 56 trials and acquitted in 11 (20%). Judges decided 2 bench trials, and 1 ended in an acquittal (1 of 2).
Overall, 3,140 of the 3,693 (85%) were convicted, by plea or at trial.
The trial counts by year are small. In 2021, 5 of 8 trials ended in an acquittal, while in 2023 none of 4 did (0 of 4). Single years cannot show a pattern.
Charge Level and Prison Terms
Felonies made up 3,690 of the charges (more than 99%). 3 were Class A misdemeanors (less than 1%). There were no petty offenses.
Of the 3,140 convicted, 3,012 (96%) received a prison term on this charge. Among those with a term of 1 month or more, the median was 66 months (5.5 years). 8 defendants received life.
Type of Counsel
CJA panel attorneys represented 1,369 defendants (37%). These are private lawyers the court appoints. Private (retained) counsel represented 1,094 (30%). Federal public or community defenders represented 806 (22%), and 5 defendants represented themselves.
Guilty pleas were 94% for CJA panel attorneys, 96% for retained counsel, and 93% for defenders. Dismissals were 3%, 2%, and 6%.
CJA panel attorneys had 33 trials with 5 acquittals (15%). Retained counsel had 15 trials with 3 acquittals (20%). Defenders had 9 trials with 4 acquittals (4 of 9). Of the 5 self-represented defendants, 2 of 5 pleaded guilty, 2 of 5 were dismissed, and 1 went to trial without an acquittal.
Defendants in each group face different charges and circumstances. These numbers 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 | 806 | 93% | 6% | 9 | 4 (4 of 9) |
| CJA panel attorney | 1,369 | 94% | 3% | 33 | 5 (15%) |
| Private (retained) counsel | 1,094 | 96% | 2% | 15 | 3 (20%) |
| Self-represented | 5 | 2 of 5 | 2 of 5 | 1 | 0 (0 of 1) |
What the Records Leave Out
No close court-martial counterpart exists for this statute in the approved crosswalk. The data shows how cases ended and the prison terms imposed. It does not show the facts, the strength of the evidence, or why any case 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. 963, any subsection (3,693), 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. 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.