Narcotics/Drugs Prosecutions for May 2006
The latest available data from the Justice Department show that during May 2006 the government reported filing 2120 new narcotics/drugs prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 8.9% 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 (-12.1 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 21.9 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 May 2006 was DEA accounting for 52 percent of prosecutions referred. Other agencies with substantial numbers of narcotics/drugs referrals were: FBI (12% ), Local (11%), DHS (11%), ATF (4%). See Figure 2.
Lead Charge in Narcotics/Drugs Prosecutions
US Magistrate Courts
In May 2006, 39 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 May 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 47.7 percent of all magistrate filings in May.
Other frequently prosecuted lead charges include: "21 USC 0846 - Drugs: Attempt and conspiracy" (28.6%), "21 USC 0952 - Importation of controlled substances" (14.1%), "21 USC 0844 - Drugs: Penalty for simple possession" (6.2%).
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 May 2006.
Lead Charge Count Rank 1yr ago 5yrs ago 21 USC 0841 - Drug Abuse Prevention + Control-Prohibited acts A 690 1 1 1 21 USC 0846 - Drugs: Attempt and conspiracy 472 2 2 2 21 USC 0952 - Importation of controlled substances 45 3 3 3 18 USC 1956 - Laundering of monetary instruments 19 4 6 9 21 USC 0843 - Drug Abuse Prevention + Control-Prohibited acts C 11 5 7 5 08 USC 1324 - Bringing in and harboring certain aliens 9 6 25 20 18 USC 0846 - Explosives - Additional powers of the Secretary 9 6 10 10 46 USC 1903 - Controlled substances on board vessels 9 6 5 7 21 USC 0963 - Drugs: Attempt and conspiracy 8 9 4 4 21 USC 0856 - Establishment for manufacturing operations 4 10 18 12
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 140 percent—compared to one year ago was 8 U.S.C Section 1324 that involves "Bringing in and harboring certain aliens ". Compared to five years ago, the largest increase—58.1 percent—was registered for prosecutions under "Laundering of monetary instruments " (18 U.S.C Section 1956).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 44.8 percent—was Explosives - Additional powers of the Secretary (18 U.S.C Section 846 ). Compared to five years ago, the most significant decline in prosecutions— 58.5 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 May 2006 the Justice Department said the government brought approximately 532.5 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. Districts must have at least 5 narcotics/drugs prosecutions to receive a ranking.
Judicial District Percapita Rank 1yr ago 5yrs ago Wyoming 6,160 1 8 - W Virg, N 3,559 2 4 6 S Dakota 2,491 3 11 35 Ala, S 1,943 4 6 7 Nebraska 1,923 5 7 13 La, E 1,612 6 40 37 Ga, M 1,461 7 37 34 Iowa, N 1,370 8 14 18 N Car, W 1,307 9 15 24 Montana 1,295 10 20 9
Table 3: Top 10 districts (per ten million people)
Wyoming —with 6160 prosecutions as compared with 532.5 prosecutions per ten million population in the United States—was the most active during May 2006. The district's position last year was 8th.
Northern District of West Virginia (Wheeling) ranked 2nd . This marked a rise from West Virginia North 's 4thplace ranking just one year ago. Five years ago, the district's position was 6.
South Dakota is now ranking 3rd . It moved up in its rankings from a year ago when it ranked 11th. Five years ago, the district's position was 35.
Recent entrants to the top 10 list were South Dakota , now ranked 3rd , and Northern District of Iowa (Cedar Rapids) at 8th. In the same order, these districts ranked 11th and 14th one year ago and 35th and 18th five years ago.
The federal judicial district which showed the greatest growth in narcotics/drugs prosecutions compared to one year ago— 2.6 percent—was South Dakota . This was the same district that had the largest increase— 102 %—when compared with five years ago.
In the last year, the judicial district court recording the largest drop in narcotics/drugs prosecutions— 45.5 percent—was Southern District of Alabama (Mobile). But over the past five years, Montana showed the largest drop— 51.2 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 May 2006 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Cooper, Florence-Marie Cal, C 62 1 179 687 Voorhees, Richard Lesley N Car, W 23 2 9 12 Downes, William F. Wyoming 23 2 192 727 Rainey, John David Texas, S 17 4 24 195 Mosman, Michael W. Oregon 15 5 372 - Broadwater, W. Craig W Virg, N 15 5 12 99 Ishii, Anthony W. Cal, E 13 7 337 337 Thrash, Thomas W. Jr. Ga, N 13 7 509 237 Bunning, David L. Ken, E 12 9 151 - Jack, Janis Graham Texas, S 12 9 21 34 Shabaz, John C. Wisc, W 12 9 298 195
Table 4: Top 10 judges
A total of 3 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 8 judges were from other districts. (Because of ties, there were a total of 11 judges in the "top ten" rankings.)
Judge Florence-Marie Cooper in the Central District of California (Los Angeles) ranked 1st with 62 defendants in new narcotics/drugs cases.
Judge Richard Lesley Voorhees in the Western District of North Carolina (Asheville) ranked 2nd with 23 defendants in new narcotics/drugs cases. Judge Voorhees also appeared in the top ten rankings one year ago (ranked 9th).
Judge William F. Downes in Wyoming ranked 2nd as well with 23 new narcotics/drugs cases.
