Narcotics/Drugs Prosecutions for January 2006
The latest available data from the Justice Department show that during January 2006 the government reported filing 1965 new narcotics/drugs prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 8.7% 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 2006 prosecutions are compared with those of the same period in the previous year, the filings were down (-8.1 percent). Prosecutions over the past year are still much lower than they were five years ago. Overall, the data show that the prosecutions are down 28.8 percent from levels reported in 2001.
The broad pattern of decrease in narcotics/drugs prosecutions over the past five years is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of narcotics/drugs prosecutions recorded on a month-to-month basis. 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.
The lead investigative agency for narcotics/drugs prosecutions in January 2006 was DEA accounting for 57 percent of prosecutions referred. Other agencies with substantial numbers of narcotics/drugs referrals were: Local (12% ), DHS (11%), FBI (7%), ATF (5%). See Figure 2.
Lead Charge in Narcotics/Drugs Prosecutions
US Magistrate Courts
In January 2006, 42 percent of narcotics/drugs cases took place in U.S. Magistrate Courts which handle less serious misdemeanor cases, including what are called "petty offenses." In the magistrate courts in January the most frequently cited lead charge was Title 21 U.S.C Section 841 involving the "Drug Abuse Prevention + Control-Prohibited acts A". This was the lead charge for 48.2 percent of all magistrate filings in January.
Other frequently prosecuted lead charges include: "21 USC 0846 - Drugs: Attempt and conspiracy" (31.2%), "21 USC 0952 - Importation of controlled substances" (12.8%).
US District Courts
Table 2 shows the top lead charges recorded in the prosecution of narcotics/drugs matters filed in U.S. District court during January 2006.
Lead Charge Count Rank 1yr ago 5yrs ago 21 USC 0841 - Drug Abuse Prevention + Control-Prohibited acts A 563 1 1 1 21 USC 0846 - Drugs: Attempt and conspiracy 443 2 2 2 21 USC 0952 - Importation of controlled substances 27 3 3 3 21 USC 0963 - Drugs: Attempt and conspiracy 25 4 4 4 21 USC 0843 - Drug Abuse Prevention + Control-Prohibited acts C 20 5 6 7 46 USC 1903 - Controlled substances on board vessels 13 6 5 5 21 USC 0856 - Establishment for manufacturing operations 7 7 19 20 18 USC 0922 - Firearms, Unlawful acts 6 8 7 9 21 USC 0960 - Drugs: Prohibited acts A 5 9 16 17 18 USC 1791 - Providing or possessing contraband in prison 3 10 12 22 18 USC 1956 - Laundering of monetary instruments 3 10 8 5 21 USC 0844 - Drugs: Penalty for simple possession 3 10 10 8 21 USC 0858 - Endangering human life while illegally manufacture 3 10 - -
Table 2: Top 10 charges filed
"Drug Abuse Prevention + Control-Prohibited acts A" (21 U.S.C Section 841 ) was the most frequent recorded lead charge. This statute was also ranked 1st a year ago as well as five years ago.
Ranked 2nd in frequency was the lead charge "Attempt and conspiracy" under Title 21 U.S.C Section 846 . This statute was also ranked 2nd a year ago as well as five years ago.
Ranked 3rd was "Importation of controlled substances" under Title 21 U.S.C Section 952 . This statute was also ranked 3rd a year ago as well as five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 75 percent—compared to one year ago was 21 U.S.C Section 856 that involves "Establishment for manufacturing operations ". Compared to five years ago, the largest increase—61.5 percent—was registered for prosecutions under "Providing or possessing contraband in prison " (18 U.S.C Section 1791).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 48.3 percent—was Firearms; Unlawful acts (18 U.S.C Section 922 ). Compared to five years ago, the most significant decline in prosecutions— 62.5 percent—was for filings where the lead charge was "Importation of controlled substances " (21 U.S.C Section 952 ).
Narcotics/Drugs Prosecutions by Judicial District
In January 2006 the Justice Department said the government brought approximately 462.2 narcotics/drugs prosecutions for every ten million people in the United States.
Understandably, there is great variation in number of narcotics/drugs prosecutions that are filed in each of the nation's ninety-four federal judicial districts. The ten districts registering the largest number of prosecutions (per capita) last month are shown in Table 3.
Judicial District Percapita Rank 1yr ago 5yrs ago W Virg, N 3,696 1 12 10 Texas, W 2,573 2 1 2 Miss, N 2,426 3 30 53 Okla, E 2,019 4 - - Tenn, E 1,668 5 35 25 Wyoming 1,658 6 20 12 S Dakota 1,557 7 23 - Montana 1,554 8 19 11 Mo, E 1,511 9 11 26 Ala, S 1,494 10 7 7
Table 3: Top 10 districts (per ten million people)
Northern District of West Virginia (Wheeling)—with 3696 prosecutions as compared with 462.2 prosecutions per ten million population in the United States—was the most active during January 2006. The district's position last year was 12th. Five years ago, the district's position was 10.
Western District of Texas (San Antonio) ranked 2nd . This marked a fall from Texas West 's 1stplace ranking just one year ago. Five years ago, the district's position was 2.
Northern District of Mississippi (Oxford) is now ranking 3rd . It moved up in its rankings from a year ago when it ranked 30th. Five years ago, the district's position was 53.
Recent entrants to the top 10 list were Eastern District of Missouri (St. Louis), now ranked 9th , and Northern District of West Virginia (Wheeling) at 1st. In the same order, these districts ranked 11th and 12th one year ago and 26th and 10th five years ago.
The federal judicial district which showed the greatest growth in narcotics/drugs prosecutions compared to one year ago— 77.9 percent—was Northern District of West Virginia (Wheeling). This was the same district that had the largest increase— 33.1 %—when compared with five years ago.
In the last year, the judicial district court recording the largest drop in narcotics/drugs prosecutions— 29.7 percent—was Eastern District of Missouri (St. Louis). But over the past five years, Western District of Texas (San Antonio) showed the largest drop— 46.8 percent.
Top Ranked District Judges
At any one time, there are about 680 federal district court judges working in the United States. For the entire nation, the judges recorded with the largest number of new narcotics/drugs crime cases during January 2006 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Fuste, Jose Antonio Puer Rico 71 1 93 30 Junell, Robert A. Texas, W 33 2 1 328 Morrow, Margaret M. Cal, C 20 3 694 635 Greer, J. Ronnie Tenn, E 15 4 163 747 Jack, Janis Graham Texas, S 15 4 17 28 Martinez, Philip Ray Texas, W 15 4 5 403 Lazzara, Richard A. Fla, M 13 7 62 123 Broadwater, W. Craig W Virg, N 12 8 108 99 Kyle, Richard House Minnesota 11 9 454 403 Crone, Marcia A. Texas, E 11 9 350 - Keeley, Irene Patricia Murphy W Virg, N 11 9 113 403
Table 4: Top 10 judges
A total of 5 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.
The remaining 6 judges were from other districts.
Because of ties, there were a total of 11 judges in the "top ten" rankings.
Judge Jose Antonio Fuste in the Puerto Rico ranked 1st with 71 defendants in new narcotics/drugs cases.
Judge Robert A. Junell in the Western District of Texas (San Antonio) ranked 2nd with 33 defendants in new narcotics/drugs cases. Judge Junell also appeared in the top ten rankings one year ago (ranked 1st).
Judge Margaret M. Morrow in Central District of California (Los Angeles) ranked 3rd with 20 new narcotics/drugs cases.
