Narcotics/Drugs Prosecutions for December 2012
Table 1: Criminal Narcotics/Drugs Prosecutions
The latest available data from the Justice Department show that during December 2012 the government reported 1704 new narcotics/drugs prosecutions.
According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 10.2% over the previous month.
The comparisons of the number of defendants charged with narcotics/drugs-related offenses are based on case-by-case information obtained by TRAC under the Freedom
of Information Act from the Executive Office for United States Attorneys. (See Table 1)
When monthly 2012 prosecutions of this type are compared with those of the same period in
the previous year, the number of filings was down (-11.5 percent).
Prosecutions over the past year are still much lower than they were five years ago.
Overall, the data show that prosecutions of this type are down 6.6 percent from levels reported in 2007.
Figure 1: Monthly trends in narcotics/drugs prosecutions
The leveling out from the levels five years ago in narcotics/drugs prosecutions for these matters is shown more clearly in Figure 1.
The vertical bars in Figure 1
represent the number of narcotics/drugs prosecutions of this type recorded on a month-to-month
basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court,
the magistrate filing date was used since this provides an earlier indicator of actual trends.
The superimposed line on the bars plots the six-month moving average so
that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.
Within the broad category of narcotics/drugs, cases were classified by prosecutors into more specific types.
Case types within narcotics/drugs are
Simple Drug Possession
Organized Crime Drug Enforcement Task Force (OCDETF)
Major Project Triggerlock Prosecutions (OCDETF)
Other Triggerlock Prosecutions (OCDETF)
The largest number of prosecutions of these matters in December 2012 was for "Drugs-Drug Trafficking", accounting for 78.4 percent of prosecutions. Prosecutions were also filed for "Drugs-Organized Crime Task Force" (19.9%).
See Figure 2.
The lead investigative agency for narcotics/drugs prosecutions in December 2012
was DEA accounting for 41 percent of prosecutions referred.
Other agencies with substantial numbers of narcotics/drugs referrals were:
DHS (34% ), ATF (7%), FBI (7%), Local (5%).
See Figure 3.
Figure 2: Specific types of prosecutions
Figure 3: Prosecutions by investigative agency
Narcotics/Drugs Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In December 2012, 687 defendants
in narcotics/drugs cases for these matters were
filed in U.S. Magistrate Courts. These courts handle less serious
misdemeanor cases, including what are called "petty offenses." In
addition, complaints are sometimes filed in the magistrate courts before
an indictment or information is entered. In these cases, the matter
starts in the magistrate courts and later moves to the district court
where subsequent proceedings take place.
In the magistrate courts in December the most frequently cited lead charge was
Title 21 U.S.C Section 846 involving the "Attempt and conspiracy". This was the lead charge
for 40.5 percent of all magistrate filings in December.
Other frequently prosecuted lead charges include: "21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A" (36.5%), "21 USC 952 - Importation of controlled substances" (17.3%).
Narcotics/Drugs Prosecutions in U.S. District Courts
In December 2012, 1017 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during December there
were an additional 514 defendants whose cases moved from the magistrate
courts to the U.S. district courts after an indictment or information
was filed. The sections which follow cover both sets of cases and
therefore cover all matters filed in district court during December.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of narcotics/drugs matters
filed in U.S. District Court during December 2012.
Table 2: Top charges filed
"Drug Abuse Prevention & Control-Prohibited acts A" (Title 21 U.S.C Section 841) was the most frequent recorded lead charge.
"Drug Abuse Prevention & Control-Prohibited acts A" (Title 21 U.S.C Section 841) was ranked 1 a year ago, while it was ranked 1 five years ago.
Ranked 2nd in frequency was the lead charge "Attempt and conspiracy" under Title 21 U.S.C Section 846.
"Attempt and conspiracy" under Title 21 U.S.C Section 846 was ranked 2 a year ago, while it was ranked 2 five years ago.
Ranked 3rd was "Importation of controlled substances" under Title 21 U.S.C Section 952.
"Importation of controlled substances" under Title 21 U.S.C Section 952 was ranked 3 a year ago, while it was ranked 3 five years ago.
Among these top ten lead charges, the one showing the greatest
increase in prosecutions—up 700 percent—compared to one year ago was Title 18 U.S.C Section 371
that involves " Conspiracy to commit offense or to defraud US
Compared to five years ago, the largest increase—186.7 percent—was registered for
prosecutions under " Penalties
" (Title 46 U.S.C Section 70506 ).
Again among the top ten lead charges, the one showing the sharpest
decline in prosecutions compared to one year ago—down 72.7 percent—was
Proceedings to establish prior convictions
(Title 21 U.S.C Section 851 ).
Compared to five years ago, the most significant decline in prosecutions— 70.4 percent—was
for filings where the lead charge was " Drug Abuse Prevention & Control-Prohibited acts C
" (Title 21 U.S.C Section 843
Top Ranked Judicial Districts
In December 2012 the Justice Department said the government brought 598.4 narcotics/drugs prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of narcotics/drugs prosecutions that are filed in each of the nation's ninety-four federal judicial districts.
The districts registering the
largest number of prosecutions per capita for these matters last month are shown in Table 3.
Districts must have at least 5 narcotics/drugs prosecutions to receive a ranking.
Table 3: Top 10 districts (per ten million people)
The Southern District of California (San Diego)—with 6632 prosecutions as compared with 598.4 prosecutions per ten million population in the United States—was the most active during December 2012.
The Southern District of California (San Diego) was ranked 1 a year ago, while it was ranked 3 for most frequent use five years ago.
The District of North Dakota ranked 2nd.
District of New Mexico is now ranking 3rd.
The District of New Mexico was ranked 8 a year ago, while it was ranked 7 for most frequent use five years ago.
Recent entrants to the top 10 list were
Kansas , now ranked
, and Western District of North Carolina (Asheville)
In the same order, these districts ranked 18th and 24th one year ago and 22nd and 45th five years ago.
The federal judicial district which showed the greatest growth
in the rate of narcotics/drugs prosecutions compared to one year ago— 107.6 percent—was
This was the same district that had the largest increase— 91.7 percent—when compared with five years ago.
In the last year, the judicial District Court recording the
largest drop in the rate of narcotics/drugs prosecutions— 50.2 percent—was
But over the past five years,
showed the largest drop— 66 percent.
Top Ranked District Judges
At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new narcotics/drugs crime cases of this type during December 2012 are shown in Table 4.
A total of 6 out of the "top ten" judges were in districts which were in the top ten with the largest number of narcotics/drugs filings per capita, while the remaining 4 judges were from other districts.
Judge Robert A. Junell in the Western District of Texas (San Antonio) ranked 1st with 57 defendants in narcotics/drugs cases.
Judge Junell appeared in the top ten rankings one year (ranked 1) and five years ago (rank 1).
Judge Jay A. Garcia-Gregory in the District of Puerto Rico ranked 2nd with 41 defendants in narcotics/drugs cases.
Judge Aida M. Delgado-Colon in the District of Puerto Rico ranked 3rd with 33 defendants in narcotics/drugs cases.
Report Generated: February 20, 2013