42 U.S.C. 408, Penalties: How Federal Cases Ended, FY2016–2025
Of 1,434 federal defendants whose most serious charge was under 42 U.S.C. 408, 1,134 (79%) pleaded guilty and 282 (20%) had their cases dismissed in fiscal years 2016 to 2025. Only 18 went to trial, and 3 of those trials ended in an acquittal. Of the 1,149 convicted, 877 (76%) received a prison term
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In brief: Of 1,434 federal defendants whose most serious charge was under 42 U.S.C. 408, 1,134 (79%) pleaded guilty and 282 (20%) had their cases dismissed in fiscal years 2016 to 2025. Only 18 went to trial, and 3 of those trials ended in an acquittal. Of the 1,149 convicted, 877 (76%) received a prison term on that charge, with a median of 12 months.
This post uses the Federal Judicial Center's records of 1,434 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.
Dismissals Rose in the Later Years
The yearly figures are the most notable part of this section's record. In fiscal year 2016, 10% of the 193 cases were dismissed. The dismissal share was 32% in fiscal year 2022, 40% in 2023, and 43% in 2024.
Fiscal year 2025 had 74 cases, and 22% of them were dismissed. Guilty pleas made up 76% of that year's cases, after 56% in 2024.
The number of cases ending each year was also lower in the later years: 216 in fiscal year 2020 and 94 in fiscal year 2024. The records show these changes but do not explain them.
| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| 2016 | 193 | 90% | 10% | 0 | 0 |
| 2017 | 192 | 84% | 15% | 2 | 0 (0 of 2) |
| 2018 | 163 | 83% | 16% | 1 | 1 (1 of 1) |
| 2019 | 177 | 89% | 8% | 5 | 1 (1 of 5) |
| 2020 | 216 | 81% | 18% | 1 | 0 (0 of 1) |
| 2021 | 123 | 78% | 20% | 2 | 0 (0 of 2) |
| 2022 | 103 | 65% | 32% | 3 | 0 (0 of 3) |
| 2023 | 99 | 59% | 40% | 1 | 0 (0 of 1) |
| 2024 | 94 | 56% | 43% | 1 | 1 (1 of 1) |
| 2025 | 74 | 76% | 22% | 2 | 0 (0 of 2) |
About the Section and the Count
Title 42, section 408 of the U.S. Code is headed "Penalties." The post covers only how the federal criminal cases under that section ended.
The Federal Judicial Center counted 1,434 defendants whose most serious charge at the end of the case fell under this section. The count follows the federal courts' Table D-4 and includes all cases that ended, so dismissals and acquittals appear alongside convictions.
A dismissal here can mean the government moved to drop the charge. That can happen, for example, after the defendant pleaded guilty in another case.
Felony Charges and Convictions
Felony charges accounted for 1,428 defendants (more than 99%). Class A misdemeanors accounted for 6 (less than 1%), and there were 0 petty offenses.
Through a plea or a trial verdict, 1,149 of the 1,434 defendants (80%) were convicted.
What Happened at the 18 Trials?
Trials were held for 18 defendants (1%). Of those, 3 ended in an acquittal (17%).
Juries heard 16 of the trials and acquitted in 3 (19%). Judges heard 2 without a jury and acquitted in 0 of 2. With so few trials over 10 fiscal years, the acquittal rate rests on a handful of verdicts.
Prison Terms on This Charge
A prison term on this charge went to 877 of the 1,149 people convicted (76%).
Among terms of 1 month or more, the median was 12 months. The median is the middle term when all terms are ranked. It does not show the range of terms.
Counsel Recorded When the Case Closed
Federal public or community defenders represented 732 defendants (51%). Private (retained) counsel represented 284 (20%). CJA panel attorneys, who are private lawyers appointed by the court, represented 247 (17%).
The guilty plea share was 92% with retained counsel, 91% with federal defenders, and 84% with CJA panel attorneys. The dismissal share was 13% in the CJA panel group, 8% with federal defenders, and 6% with retained counsel.
Trials by group were 5 with federal defenders (1 acquittal), 7 with CJA panel attorneys (0 acquittals), and 6 with retained counsel (2 acquittals).
These figures compare groups of cases and say nothing about the quality of lawyers. Defendants with hired counsel and those with appointed counsel can 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 | 732 | 91% | 8% | 5 | 1 (1 of 5) |
| CJA panel attorney | 247 | 84% | 13% | 7 | 0 (0 of 7) |
| Private (retained) counsel | 284 | 92% | 6% | 6 | 2 (2 of 6) |
What Remains Unknown
The records sort cases by the most serious charge at the end and contain no case facts or reasons for any outcome. The approved crosswalk lists no close court-martial counterpart for this section, so no military figures appear.
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 42 U.S.C. 408, any subsection (1,434), 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)
- 42 U.S.C. 1383, Procedure for payment of benefits: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 42 U.S.C. 6928, Federal enforcement: 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.