Theft and Fraud Sentences in 2017: Federal Court vs. Courts-Martial
Federal judges sentenced 6,358 people under guideline §2B1.1 (theft, embezzlement, fraud, and property damage) in fiscal year 2017, and the median prison term for those sent to prison was 24 months. Courts-martial with 2017 trial dates produced 63 Article 121 convictions for larceny, theft, and frau
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In brief: Federal judges sentenced 6,358 people under guideline §2B1.1 (theft, embezzlement, fraud, and property damage) in fiscal year 2017, and the median prison term for those sent to prison was 24 months. Courts-martial with 2017 trial dates produced 63 Article 121 convictions for larceny, theft, and fraud. The median adjudged confinement in those cases was 8 months, and 87% of the sentences included confinement.
This post uses the U.S. Sentencing Commission's records of 6,358 people sentenced in federal court in fiscal year 2017, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended 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.
Guilty Pleas Were the Norm in Both Systems
Of the 44 military convictions with a plea recorded, 40 (91%) were guilty pleas. Federal court had a guilty plea rate of 95%: 6,017 of 6,358 people.
Only 341 federal defendants in this group were convicted after a trial. In the court-martial data, contested cases that ended in conviction and included confinement numbered 4.
| Courts-martial, 2017 | Federal court, FY2017 | |
|---|---|---|
| Convictions or people sentenced | 63 | 6,358 |
| Sentenced to confinement or prison | 87% | 72% |
| Median confinement or prison | 8 months | 24 months |
| A quarter received this or more | 12 months | 41 months |
| Pleaded guilty | 40 of 44 with a plea recorded (91%) | 95% |
| Mandatory minimum applied | See the caveats | 762 of 6,354 with the information (12%) |
Plea Versus Trial Sentences
In federal court, the median prison term was 21 months after a guilty plea. After a trial it was 48 months, based on 315 people convicted at trial and sent to prison.
The military figures do not follow that order. The median confinement after a guilty plea was 10 months, across 37 cases with confinement. The median for contested convictions was 7 months, but it rests on just 4 cases, too few to support any conclusion.
Nearly every federal guilty plea came with a written plea agreement: 90%. The other 10% were straight pleas with no agreement.
Which Services Contributed
The Marine Corps accounted for 33 of the 63 convictions. The Air Force had 19 and the Navy had 11. The Army does not appear, because its records in this data begin in 2020.
A general court-martial decided 21 of the 63 convictions (33%). The rest were tried at a lower level of court-martial.
Discharges for Enlisted Members and Officers
Of 61 enlisted members convicted, 44 (72%) received a punitive discharge. These were 9 dishonorable discharges and 35 bad-conduct discharges.
The 2 officers convicted were not dismissed. Federal court has no equivalent to a punitive discharge, so this part of the sentence has no federal counterpart.
The Rest of the Federal Sentence
A prison term was imposed on 4,596 people (72%), and 1,343 (21%) received probation only. Among those sent to prison, a quarter received 41 months or more and a quarter received 9 months or less.
A mandatory minimum applied to 762 people (12%). Restitution was ordered in 5,246 cases (83%), and a fine in 485 (8%). Supervised release followed prison for 4,471 people (70%), with a median term of 36 months.
Of the 6,356 sentences with guideline information, 44% (2,808) fell within the range. Another 25% (1,590) were below the range at the government's request, 29% (1,827) were below it without a government request, and 2% (131) were above it.
In criminal history, 70% were in category I, the lowest, and 4% in category VI, the highest. The military records do not track criminal history.
What the Comparison Can and Cannot Show
The military count uses calendar year 2017 by trial date. Federal fiscal year 2017 ran from October 1, 2016 to September 30, 2017. The periods are close but not the same.
A court-martial sentence is recorded as adjudged, before clemency or appeal. A federal prison term is the term imposed, not time served. Neither figure shows how long anyone was actually held.
For context, the data holds 626 court-martial convictions from 2016 to 2025 with a median confinement of 5 months, and 53,639 federal sentences in fiscal years 2016 to 2025 with a median prison term of 21 months. The records do not show the facts of the offenses, the amounts taken, or the reasons behind any sentence.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 7,104 | 22.2 months | 95% |
| 2017 | 6,358 | 24 months | 95% |
| 2018 | 5,948 | 24 months | 95% |
| 2019 | 5,707 | 22 months | 95% |
| 2020 | 4,356 | 18 months | 96% |
| 2021 | 4,235 | 20 months | 98% |
| 2022 | 5,208 | 21 months | 96% |
| 2023 | 4,904 | 21 months | 95% |
| 2024 | 5,015 | 20 months | 96% |
| 2025 | 4,804 | 20.5 months | 96% |
How We Counted
Courts-martial with a trial date in 2017 ending in a conviction for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) (63). Federal: people sentenced in fiscal year 2017 under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage) (6,358), U.S. Sentencing Commission.
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.
Different cases reach each system. Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts.
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Military confinement credit and parole. For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served.
Military sentences include punishments federal sentences do not. A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show.
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.
Offense categories do not line up exactly. Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match.
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)
- Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial (overview)
- Theft and Fraud Sentences in 2016: Federal Court vs. Courts-Martial (previous or next year)
- Theft and Fraud Sentences in 2018: Federal Court vs. Courts-Martial (previous or next year)
- Theft and Fraud Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Theft and Fraud: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Theft and Fraud: Federal Sentences vs. Army Courts-Martial
- Theft and Fraud: Federal Sentences vs. Marine Corps Courts-Martial
- Theft and Fraud: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Theft and Fraud: Courts-Martial at Bremerton vs. Federal Court in the Western District of Washington
- Theft and Fraud: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina
- Theft and Fraud: Courts-Martial at Camp Pendleton vs. Federal Court in the Southern District of California
- Army Article 121 Cases by the Numbers, 2021–2025 (court-martial data)
- Article 121 Sentences in the Army: Confinement and Discharges, 2021–2025 (court-martial data)
- Fighting an Army Larceny Charge: How Contested Cases Ended (court-martial data)
- Guilty Pleas in Army Larceny Cases: How Often, and What Came Next (court-martial data)
- Air Force Article 121 Cases by the Numbers, 2016–2025 (court-martial data)
- What Sentence Follows an Air Force Larceny Conviction? (court-martial data)
- Pleading Guilty to Article 121 in the Air Force: What Sentences Followed? (court-martial data)
- How Has Article 121 Changed in Navy-Marine Corps Courts-Martial Since 2017? (court-martial data)
- Article 121 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025 (court-martial data)
- Not Guilty Pleas in Navy-Marine Corps Article 121 Cases: What Happened at Trial (court-martial data)
- Guilty Pleas in Navy-Marine Corps Larceny Cases: How Often, and What Came Next (court-martial data)
- Article 121 (Larceny): Court-Martial Data and Trends (court-martial data)
- Article 121 UCMJ: Larceny and Wrongful Appropriation (law firm reference page)
- 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.