Narcotics/Drugs Convictions for January 2013
The latest available data from the Justice Department show that during January 2013 the government reported 2236 new narcotics/drugs convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 34.2% over the previous month.
The comparisons of the number of defendants convicted for 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 2013 convictions of this type are compared with those of the same period in the previous year, the number of convictions was down (-2.4 percent). Convictions over the past year are still much higher than they were five years ago. Overall, the data show that convictions of this type are up 7.8 percent from levels reported in 2008.
The leveling out in these cases is partly related to increases in the matters filed in U.S. Magistrate Courts. If magistrate cases are excluded and only Federal District Court cases are counted, the overall increase in narcotics/drugs convictions is 0.3 percent instead of 7.8 percent. The evidence suggests that part of the difference may be the result of improvements in the recording of the magistrate cases by the Justice Department.
The leveling out from the levels five years ago in narcotics/drugs convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of narcotics/drugs convictions 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
Drug Trafficking
Simple Drug Possession
Organized Crime Drug Enforcement Task Force (OCDETF)
Major Project Triggerlock Prosecutions (OCDETF)
Other Triggerlock Prosecutions (OCDETF)
The largest number of convictions of these matters in January 2013 was for "Drugs-Drug Trafficking", accounting for 69.4 percent of convictions. Convictions were also filed for "Drugs-Organized Crime Task Force" (29.5%). See Figure 2.
The lead investigative agency for narcotics/drugs convictions in January 2013 was DEA accounting for 40 percent of convictions. Other agencies with substantial numbers of narcotics/drugs convictions were: DHS (32% ), FBI (12%), ATF (5%), Local (5%). See Figure 3.
Narcotics/Drugs Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In January 2013, 274 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 January 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 84.3 percent of all magistrate convictions in January.
Other frequently prosecuted lead charges include: "21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A" (8.8%), "21 USC 844 - Penalty for simple possession" (6.2%).
Narcotics/Drugs Convictions in U.S. District Courts
In January 2013, 1962 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during January there were an additional 0 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 January.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the convictions of narcotics/drugs matters filed in U.S. District Court during January 2013.
Lead Charge Count Rank 1yr ago 5yrs ago 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 905 1 1 1 More 21 USC 846 - Attempt and conspiracy 782 2 2 2 More 21 USC 952 - Importation of controlled substances 151 3 3 3 More 21 USC 963 - Attempt and conspiracy 23 4 4 4 More 18 USC 1956 - Laundering of monetary instruments 15 5 9 5 More 18 USC 922 - Firearms; Unlawful acts 13 6 5 8 More 46 USC 70506 - Penalties 9 7 12 24 More 21 USC 843 - Drug Abuse Prevention & Control-Prohibited acts C 7 8 7 9 More 18 USC 521 - Criminal Street Gangs 5 9 - - More 46 USC 70503 - Possession control substance on vessel subject to jurisdiction of US 5 9 11 7 More Table 2: Top charges for convictions
"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 convictions—up 110 percent—compared to one year ago was Title 46 U.S.C Section 70506 that involves " Penalties ". This was the same statute that had the largest increase—500 %—when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 28.3 percent—was Drug Abuse Prevention & Control-Prohibited acts C (Title 21 U.S.C Section 843 ). Compared to five years ago, the most significant decline in convictions— 18.2 percent—was for convictions where the lead charge was " Possession control substance on vessel subject to jurisdiction of US " (Title 46 U.S.C Section 70503 ).
Top Ranked Judicial Districts
In January 2013 the Justice Department said the government obtained 766.9 narcotics/drugs convictions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of narcotics/drugs convictions in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of convictions per capita for these matters last month are shown in Table 3. Districts must have at least 5 narcotics/drugs convictions to receive a ranking.
Judicial District Percapita Count Rank 1yr ago 5yrs ago Cal, S 6,930 186 1 3 2 More N Mexico 4,896 82 2 6 7 More N Dakota 3,154 17 3 77 71 More Ala, S 2,763 19 4 37 33 More Arizona 2,656 146 5 1 5 More Texas, W 2,525 129 6 2 1 More Tenn, W 2,239 29 7 53 35 More Ken, E 2,103 38 8 8 26 More La, E 1,948 26 9 73 37 More Iowa, N 1,748 19 10 40 64 More Table 3: Top 10 districts (per ten million people)
The Southern District of California (San Diego)—with 6930 convictions as compared with 766.9 convictions per ten million population in the United States—was the most active during January 2013. The Southern District of California (San Diego) was ranked 3 a year ago, while it was ranked 2 for most frequent use five years ago.
The District of New Mexico ranked 2nd. The District of New Mexico was ranked 6 a year ago, while it was ranked 7 for most frequent use five years ago.
District of North Dakota is now ranking 3rd.
Recent entrants to the top 10 list were Southern District of Alabama (Mobile), now ranked 4th , and Northern District of Iowa (Cedar Rapids) at 10th In the same order, these districts ranked 37th and 40th one year ago and 33rd and 64th five years ago.
The federal judicial district which showed the greatest growth in the rate of narcotics/drugs convictions compared to one year ago— 158.5 percent—was Western District of Tennessee (Memphis). This was the same district that had the largest increase— 82.6 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 convictions— 50.4 percent—was Arizona . But over the past five years, Western District of Texas (San Antonio) showed the largest drop— 30.9 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 resulting in convictions of this type during January 2013 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Huff, Marilyn L. Cal, S 34 1 14 27 More Collins, Raner Christercunean Arizona 29 2 4 13 More Covington, Virginia Maria Hernandez Fla, M 23 3 222 78 More Greer, J. Ronnie Tenn, E 22 4 62 225 More Moses, Alia Texas, W 22 4 3 - More Legg, Benson Everett Maryland 20 6 250 457 More Bury, David C. Arizona 19 7 1 19 More Jorgenson, Cindy K. Arizona 19 7 2 18 More Ramos, Nelva Gonzales Texas, S 19 7 457 - More Benitez, Roger T. Cal, S 17 10 24 32 More Battaglia, Anthony M. Cal, S 17 10 38 - More Coffman, Jennifer B. Ken, E 17 10 182 - More Smith, Walter Scott, Jr. Texas, W 17 10 25 66 More Table 4: Top 10 judges
A total of 9 out of the "top ten" judges were in districts which were in the top ten with the largest number of narcotics/drugs convictions per capita, while the remaining 4 judges were from other districts. (Because of ties, there were a total of 13 judges in the "top ten" rankings.)
Judge Marilyn L. Huff in the Southern District of California (San Diego) ranked 1st with 34 convicted in narcotics/drugs convictions.
Judge Raner Christercunean Collins in the District of Arizona ranked 2nd with 29 convicted in narcotics/drugs convictions. Judge Collinsalso appeared in the top ten rankings one year ago(ranked 4).
Judge Virginia Maria Hernandez Covington in the Middle District of Florida (Tampa) ranked 3rd with 23 convicted in narcotics/drugs convictions.
Report Generated: March 5, 2013
