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Theft and Fraud Sentences in 2022: Federal Court vs. Courts-Martial

The median adjudged confinement for the 63 Article 121 larceny, theft, and fraud convictions tried at courts-martial in 2022 was 3 months. In fiscal year 2022, the 5,208 people sentenced in federal court under guideline §2B1.1 who went to prison had a median term of 21 months. Confinement was part o

Understanding Trends in Military Practice · 8 min read

Trends › Federal Prosecution Analysis › Theft and Fraud by Dollar Loss › Theft and Fraud: 2022

In brief: The median adjudged confinement for the 63 Article 121 larceny, theft, and fraud convictions tried at courts-martial in 2022 was 3 months. In fiscal year 2022, the 5,208 people sentenced in federal court under guideline §2B1.1 who went to prison had a median term of 21 months. Confinement was part of 89% of the military sentences, and prison was part of 76% of the federal ones.

Updated November 3, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results

This post uses the U.S. Sentencing Commission's records of 5,208 people sentenced in federal court in fiscal year 2022, 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.

Short Terms, Often Imposed

In 2022, 56 of the 63 court-martial convictions included confinement (89%). That rate was higher than the federal prison rate of 76%.

The terms themselves were short. The median was 3 months, and a quarter of sentences were 8 months or more. These figures are sentences as adjudged, before clemency or appeal.

Courts-martial, 2022Federal court, FY2022
Convictions or people sentenced635,208
Sentenced to confinement or prison89%76%
Median confinement or prison3 months21 months
A quarter received this or more8 months40 months
Pleaded guilty53 of 63 with a plea recorded (84%)96%
Mandatory minimum appliedSee the caveats584 of 5,207 with the information (11%)

Federal Sentences for Fiscal Year 2022

A prison term was imposed on 3,973 of the 5,208 federal defendants. Another 944 (18%) received probation only.

Among those sent to prison, the median was 21 months. A quarter received 40 months or more, and a quarter received 6.6 months or less. Federal figures are terms imposed, not time served.

Restitution was ordered for 4,082 people (78%), and a fine for 426 (8%). A mandatory minimum prison term applied to 584 (11%). Supervised release was ordered for 3,831 (74%), with a median of 36 months, and 1 person received supervised release for life.

General Courts-Martial and Officer Cases

A general court-martial, the level that can impose the most serious sentences, decided 31 of the 63 convictions (49%).

Officers made up 6 of the convictions, and 2 were dismissed. Among the 57 enlisted members convicted, 37 (65%) received a punitive discharge: 7 dishonorable and 30 bad-conduct.

By service, the Army had 35 convictions, the Navy 11, the Marine Corps 11, and the Air Force 6.

Pleading Guilty Compared With Going to Trial

Every military conviction in 2022 had a plea recorded. Of the 63, 53 (84%) were guilty pleas. Federal court had 5,015 guilty pleas (96%) and 193 convictions after a trial.

The median court-martial confinement after a guilty plea was 3 months, in 48 cases. Contested convictions had a median of 4 months, in only 8 cases with confinement.

Federal sentences after trial were longer. The median was 20 months after a guilty plea and 57 months after a trial, based on 183 people convicted at trial and sent to prison. Most federal guilty pleas (92%) were made under a written plea agreement, and 8% were straight pleas.

Guideline Position and Criminal History

Guideline information was available for 5,206 federal sentences. Of these, 2,086 (40%) were within the range, 1,312 (25%) were below it at the government's request, 1,598 (31%) were below it without that request, and 210 (4%) were above it.

Federal records show 71% of these defendants in criminal history category I and 5% in category VI. Court-martial records have no comparable field.

Points to Keep in Mind

The military year is calendar 2022 by trial date. The federal year is fiscal year 2022, from October 1, 2021 to September 30, 2022.

Guideline §2B1.1 covers more than theft and fraud. It also includes embezzlement and property damage.

Across the full data, there were 626 court-martial convictions from 2016 to 2025 with a median of 5 months of confinement. Federal courts sentenced 53,639 people over fiscal years 2016 to 2025, with a median prison term of 21 months. The records cannot show the losses involved or how the sentencing authority weighed each case.

Fiscal yearPeople sentencedMedian prisonPleaded guilty
20167,10422.2 months95%
20176,35824 months95%
20185,94824 months95%
20195,70722 months95%
20204,35618 months96%
20214,23520 months98%
20225,20821 months96%
20234,90421 months95%
20245,01520 months96%
20254,80420.5 months96%

How We Counted

Courts-martial with a trial date in 2022 ending in a conviction for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) (63). Federal: people sentenced in fiscal year 2022 under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage) (5,208), 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

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.

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