Theft and Fraud Sentences in 2019: Federal Court vs. Courts-Martial
Courts-martial tried in 2019 produced 61 convictions for larceny, theft, and fraud under Article 121, with a median adjudged confinement of 8.4 months. Federal courts sentenced 5,707 people under guideline §2B1.1 in fiscal year 2019, and those sent to prison had a median term of 22 months. Among enl
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In brief: Courts-martial tried in 2019 produced 61 convictions for larceny, theft, and fraud under Article 121, with a median adjudged confinement of 8.4 months. Federal courts sentenced 5,707 people under guideline §2B1.1 in fiscal year 2019, and those sent to prison had a median term of 22 months. Among enlisted members convicted at court-martial, 80% also received a punitive discharge.
This post uses the U.S. Sentencing Commission's records of 5,707 people sentenced in federal court in fiscal year 2019, 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.
Punitive Discharges After a 2019 Conviction
Of the 59 enlisted members convicted, 47 received a punitive discharge (80%). Most were bad-conduct discharges: 42, along with 5 dishonorable discharges.
Both officers convicted in 2019 were dismissed, which is the officer form of a punitive discharge. The count is 2 of 2.
A federal sentence has no discharge. The closest federal measures are prison, probation, and the supervision that follows prison.
Confinement at Courts-Martial
Confinement was part of 52 of the 61 military sentences (85%). The median was 8.4 months, and a quarter received 14 months or more.
These are adjudged sentences, recorded at trial before clemency or appeal. The Navy had 19 of the convictions, the Marine Corps 26, and the Air Force 16. Army records do not begin until 2020 in this data.
A general court-martial handled 22 of the convictions (36%).
| Courts-martial, 2019 | Federal court, FY2019 | |
|---|---|---|
| Convictions or people sentenced | 61 | 5,707 |
| Sentenced to confinement or prison | 85% | 75% |
| Median confinement or prison | 8.4 months | 22 months |
| A quarter received this or more | 14 months | 39 months |
| Pleaded guilty | 42 of 49 with a plea recorded (86%) | 95% |
| Mandatory minimum applied | See the caveats | 731 of 5,696 with the information (13%) |
Federal Prison Terms in Fiscal Year 2019
A prison term was imposed on 4,261 of the 5,707 people (75%). Probation only, without prison or other confinement, went to 1,084 (19%).
For those sent to prison, the median was 22 months. A quarter received 39 months or more, and a quarter received 7 months or less. These are terms imposed, not time served.
A mandatory minimum applied in 731 cases (13%). Out of 5,706 sentences with guideline information, 44% were within the range, 25% were below it at the government's request, 29% were below it without such a request, and 2% were above it.
Does a Guilty Plea Change the Sentence?
Guilty pleas made up 42 of the 49 military convictions with a plea recorded (86%). The federal rate was 95%: 5,423 guilty pleas, with 284 people convicted after a trial.
The federal median prison term was 21 months after a guilty plea and 46 months after a trial, based on 264 people convicted at trial and sent to prison.
At courts-martial, the median after a guilty plea was 9 months, in 39 cases with confinement. Contested convictions had a median of 2 months, but only 3 of them included confinement. No pattern can be drawn from 3 cases.
Supervision, Restitution, and Fines
Federal judges ordered supervised release after prison for 4,064 people (71%), with a median term of 36 months. Restitution was ordered for 4,603 (81%) and a fine for 398 (7%).
Among federal guilty pleas, 90% had a written plea agreement. In criminal history, 70% were in category I and 5% in category VI. Court-martial records do not include criminal history.
Reading These Numbers Carefully
The court-martial year runs January to December by trial date. Federal fiscal year 2019 ran from October 1, 2018 to September 30, 2019. The federal guideline group is also wider, since it includes embezzlement and property damage.
Over the full span of the data, courts-martial recorded 626 convictions with a median confinement of 5 months, and federal courts sentenced 53,639 people with a median prison term of 21 months. The records do not show what was taken, how much, or why a judge or panel chose a given 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 2019 ending in a conviction for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) (61). Federal: people sentenced in fiscal year 2019 under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage) (5,707), 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 2018: Federal Court vs. Courts-Martial (previous or next year)
- Theft and Fraud Sentences in 2020: 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.