Guidelines Manual, Chapter TwoFY2018–FY2025
§2B2.1
Burglary of a residence or structure other than a residence · 0.1% of federal cases · Guidelines Manual
The datafile contains cases reported to the Commission with sentencing documents. Sentence length statistics use the Commission's capped variable (sentences of 470 months or longer, including life, are recorded as 470 months) and exclude sentences of probation or a fine only. Figures are aggregates of past cases and are not a prediction for any case.
§ 1Length of prison terms
Interquartile range 12–35 months; mean 29. 0 cases at the 470-month cap.
§ 2Summary
§2B2.1 (burglary of a residence or structure other than a residence) was the primary guideline in 375 cases sentenced across 8 fiscal years (FY2018–FY2025), 0.1% of all cases, with 34 in FY2025. The Commission classes most of them as burglary/trespass.
The median prison term under §2B2.1 was 23 months (1 yr 11 mo) (all cases nationally: 24 months); 90% of cases carried a prison term.
51% of sentences were within the guideline range. Of the rest, 16% were below the range on a government motion, 22% below it for other reasons and 11% above it. The departure and variance table below uses the Commission's nine SENTRNGE categories.
Caseload in FY2025 was about the same as in FY2018. The median prison term in FY2025 (19 months) was shorter than in FY2018 (24 months).
§ 3Departures and variances
Within guideline range 51%Above range 11%Below range, government sponsored 16%Below range, other 22%Not determinable 0
| Commission category (SENTRNGE) | Cases | Share | All cases |
|---|---|---|---|
| Within range | 192 | 51.2% | 47.4% |
| Upward departure | 16 | 4.3% | 0.5% |
| Above-range variance | 24 | 6.4% | 2.6% |
| §5K1.1 substantial assistance | 22 | 5.9% | 9.5% |
| §5K3.1 early disposition | <10 | — | 9.2% |
| Government-sponsored departure | 10 | 2.7% | 1.9% |
| Government-sponsored variance | 28 | 7.5% | 8.0% |
| Downward departure | 11 | 2.9% | 2.1% |
| Below-range variance | 71 | 18.9% | 18.8% |
| Missing or indeterminable | 0 | — | — |
Shares are of cases with a determinable range status. Departures cite a provision of the Guidelines Manual; variances rest on the statutory sentencing factors (18 U.S.C. §3553(a)) after United States v. Booker.
§ 4Cases by fiscal year
| Fiscal year | Cases | Prison | Median months | Within range | Below, gov. | Below, other | Above |
|---|---|---|---|---|---|---|---|
| FY2018 | 34 | — | 24 | 59% | — | — | — |
| FY2019 | 48 | — | 18 | 56% | — | 31% | — |
| FY2020 | 36 | — | 18 | 44% | — | 28% | — |
| FY2021 | 54 | — | 23 | 46% | 28% | — | — |
| FY2022 | 69 | — | 24 | 57% | 22% | — | — |
| FY2023 | 48 | — | 27 | 52% | — | 25% | — |
| FY2024 | 52 | — | 26 | 48% | — | 21% | — |
| FY2025 | 34 | — | 19 | 44% | — | 35% | — |
§ 5Offence types the Commission assigns
| Primary offence type | Cases | Share |
|---|---|---|
| Burglary/Trespass | 375 | 100.0% |
§ 6Districts with the most cases
| District | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of South Dakota D.S.D. | 36 | — | 14 | 56% | — | 33% |
| Northern District of Oklahoma N.D. Okla. | 31 | — | 48 | 36% | — | — |
| District of Arizona D. Ariz. | 21 | — | 21 | — | — | — |
| Eastern District of Michigan E.D. Mich. | 19 | 100% | 24 | 58% | — | — |
| District of Utah D. Utah | 13 | 100% | 24 | — | — | 0% |
| Eastern District of Arkansas E.D. Ark. | 12 | — | 24 | — | 0% | — |
| Western District of Oklahoma W.D. Okla. | 12 | 100% | 31 | — | 0% | — |
| District of New Jersey D.N.J. | 11 | — | — | — | — | — |
| Northern District of Texas N.D. Tex. | 11 | — | 11 | — | — | 0% |
| Eastern District of California E.D. Cal. | 11 | — | 26 | — | 0% | — |
| Middle District of Florida M.D. Fla. | 11 | 100% | 18 | — | 0% | — |
| District of Colorado D. Colo. | 10 | — | — | — | — | — |
| Central District of California C.D. Cal. | <10 | fewer than 10 cases | ||||
| Eastern District of Texas E.D. Tex. | <10 | fewer than 10 cases | ||||
| Western District of Tennessee W.D. Tenn. | <10 | fewer than 10 cases | ||||
| Eastern District of North Carolina E.D.N.C. | <10 | fewer than 10 cases | ||||
| Southern District of Texas S.D. Tex. | <10 | fewer than 10 cases | ||||
| Northern District of Illinois N.D. Ill. | <10 | fewer than 10 cases | ||||
| District of Montana D. Mont. | <10 | fewer than 10 cases | ||||
| District of Nevada D. Nev. | <10 | fewer than 10 cases | ||||
By circuit
| Circuit | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of Columbia Circuit | 0 | fewer than 10 cases | ||||
| First Circuit | <10 | fewer than 10 cases | ||||
| Second Circuit | 12 | 100% | 12 | — | — | — |
| Third Circuit | 17 | — | 21 | 71% | — | — |
| Fourth Circuit | 15 | — | — | — | — | — |
| Fifth Circuit | 37 | — | 22 | 62% | — | — |
| Sixth Circuit | 33 | — | 26 | 64% | — | — |
| Seventh Circuit | 14 | — | 27 | — | — | — |
| Eighth Circuit | 69 | — | 19 | 58% | — | 26% |
| Ninth Circuit | 75 | — | 20 | 47% | 20% | 27% |
| Tenth Circuit | 80 | 88% | 29 | 44% | 26% | 13% |
| Eleventh Circuit | 19 | — | 18 | — | 0% | — |
§ 7Questions and answers
What is §2B2.1?
Section 2B2.1 of the Guidelines Manual: burglary of a residence or structure other than a residence. On this site a case is counted under a guideline when the Commission records it as the primary guideline (GDLINEHI) applied at sentencing.
What is the typical sentence under §2B2.1?
The median prison term over FY2018–FY2025 was 23 months (1 yr 11 mo), with the middle half between 12 and 35 months.
How often do sentences under §2B2.1 depart or vary from the range?
49% of sentences were outside the guideline range. Substantial-assistance motions under §5K1.1 accounted for 6% and below-range variances for 19%.
Which districts see the most §2B2.1 cases?
the District of South Dakota (36), the Northern District of Oklahoma (31) and the District of Arizona (21).
§ 8Provenance
Source: United States Sentencing Commission, Individual Offender Datafiles, fiscal years 2018–2025 (US government works), aggregated by this site; the FY2025 file is dated 29 Apr 2026. Guideline is the Commission's GDLINEHI field (primary guideline applied). Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.