Prosecutions for January 2012
Referring Agency: Immigration and Customs in Homeland Security
The latest available data from the Justice Department show that during January 2012 the government reported 7638 new prosecutions for these matters. Those cases were referred by the Immigration and Customs in Homeland Security. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 21.7% over the previous month.
The comparisons of the number of defendants charged 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 up (6.3 percent). Prosecutions over the past year are still much higher than they were five years ago. Overall, the data show that prosecutions of this type are up 112.6 percent from levels reported in 2007.
The substantial growth 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 prosecutions is 27.2 percent instead of 112.6 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 increase from the levels five years ago in prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of 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.
Cases were classified by prosecutors into more specific types.
The largest number of prosecutions of these matters in January 2012 was for "Immigration", accounting for 89.4 percent of prosecutions. Prosecutions were also filed for "Drugs-Drug Trafficking" (6.6%). See Figure 2.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In January 2012, 6522 defendants in 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 8 U.S.C Section 1325 involving the "Entry of alien at improper time or place; etc.". This was the lead charge for 52.9 percent of all magistrate filings in January.
Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (35.2%).
Prosecutions in U.S. District Courts
In January 2012, 1116 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during January there were an additional 1409 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 prosecutions of matters filed in U.S. District Court during January 2012referred by the Immigration and Customs in Homeland Security.
Lead Charge Count Rank 1yr ago 5yrs ago 08 USC 1326 - Reentry of deported alien 1,478 1 1 1 More 21 USC 846 - Attempt and conspiracy 179 2 6 7 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 173 3 3 3 More 08 USC 1324 - Bringing in and harboring certain aliens 166 4 2 2 More 21 USC 952 - Importation of controlled substances 119 5 4 4 More 18 USC 1546 - Fraud and misuse of visas, permits, and other documents 59 6 5 5 More 18 USC 2252 - Material involving sexual exploitation of minors 36 7 8 9 More 18 USC 922 - Firearms; Unlawful acts 19 8 10 13 More 18 USC 1028 - Fraud and related activity - id documents 19 8 11 8 More 18 USC 1544 - Misuse of passport 18 10 14 31 More Table 2: Top charges filed
"Reentry of deported alien" (Title 8 U.S.C Section 1326) was the most frequent recorded lead charge. "Reentry of deported alien" (Title 8 U.S.C Section 1326) 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 6 a year ago, while it was ranked 7 five years ago.
Ranked 3rd was "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841. "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841 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 135.6 percent—compared to one year ago was Title 21 U.S.C Section 846 that involves " Attempt and conspiracy ". Compared to five years ago, the largest increase—966.7 percent—was registered for prosecutions under " Misuse of passport " (Title 18 U.S.C Section 1544 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 41 percent—was Fraud and related activity - id documents (Title 18 U.S.C Section 1028 ). This was the same statute that had the largest decrease— 66.4 %—when compared with five years ago.
Top Ranked Judicial Districts
In January 2012 the Justice Department said the government brought 986.9 prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of 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 prosecutions to receive a ranking.
Judicial District Percapita Count Rank 1yr ago 5yrs ago Cal, S 13,451 361 1 4 4 More Arizona 9,752 536 2 2 3 More N Mexico 9,016 151 3 5 5 More Texas, W 6,929 354 4 3 2 More Texas, S 4,594 322 5 1 1 More N Dakota 2,041 11 6 41 61 More S Dakota 1,625 11 7 50 55 More N. Y., W 1,466 34 8 14 12 More N Car, W 1,141 28 9 31 26 More Ark, W 1,113 12 10 35 49 More Table 3: Top 10 districts (per ten million people)
The Southern District of California (San Diego)—with 13451 prosecutions as compared with 986.9 prosecutions per ten million population in the United States—was the most active during January 2012. The Southern District of California (San Diego) was ranked 4 a year ago, while it was ranked 4 for most frequent use five years ago.
The District of Arizona ranked 2nd. The District of Arizona was ranked 2 a year ago, while it was ranked 3 for most frequent use five years ago.
District of New Mexico is now ranking 3rd. The District of New Mexico was ranked 5 a year ago, while it was ranked 5 for most frequent use five years ago.
Recent entrants to the top 10 list were Western District of New York (Buffalo), now ranked 8th , and Western District of North Carolina (Asheville) at 9th In the same order, these districts ranked 14th and 31st one year ago and 12th and 26th five years ago.
The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago— 68.6 percent—was South Dakota . Compared to five years ago, the district with the largest growth— 281 percent—was North Dakota .
In the last year, the judicial District Court recording the largest drop in the rate of prosecutions— 30.2 percent—was Western District of New York (Buffalo). This was the same district that had the largest increase— 20.3 percent—when compared with five years ago.
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 crime cases of this type during January 2012 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Moses, Alia Texas, W 116 1 7 - More Conway, John Edwards N Mexico 67 2 28 14 More Brack, Robert C. N Mexico 48 3 1 1 More Jorgenson, Cindy K. Arizona 44 4 13 32 More Cardone, Kathleen Texas, W 44 4 10 7 More Collins, Raner Christercunean Arizona 42 6 6 26 More Burns, Larry Alan Cal, S 41 7 19 23 More Bury, David C. Arizona 40 8 8 30 More Snow, G. Murray Arizona 39 9 32 - More Martinez, Philip Ray Texas, W 37 10 13 8 More Table 4: Top 10 judges
All 10 of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capita.
Judge Alia Moses in the Western District of Texas (San Antonio) ranked 1st with 116 defendants in cases. Judge Mosesalso appeared in the top ten rankings one year ago(ranked 7).
Judge John Edwards Conway in the District of New Mexico ranked 2nd with 67 defendants in cases.
Judge Robert C. Brack in the District of New Mexico ranked 3rd with 48 defendants in cases. Judge Brack appeared in the top ten rankings one year (ranked 1) and five years ago (rank 1).
Report Generated: April 19, 2012
