Prosecutions for July 2009
Referring Agency: Immigration and Customs in Homeland Security
The latest available data from the Justice Department show that during July 2009 the government reported 8946 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 down 4.5% 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 2009 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was only slightlydown (-1.9 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 108.5 percent from levels reported in 2004.
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 20.6 percent instead of 108.5 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 July 2009 was for "Immigration", accounting for 91 percent of prosecutions. Prosecutions were also filed for "Drugs-Drug Trafficking" (4.8%). See Figure 2.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In July 2009, 7455 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 July 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 65.5 percent of all magistrate filings in July.
Other frequently prosecuted lead charges include: "8 USC 1326 - Reentry of deported alien" (24.7%).
Prosecutions in U.S. District Courts
In July 2009, 1491 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during July there were an additional 1808 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 July.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during July 2009referred by the Immigration and Customs in Homeland Security.
Lead Charge Count Rank 1yr ago 5yrs ago 8 USC 1326 - Reentry of deported alien 2,089 1 1 1 More 21 USC 841 - Drug Abuse Prevention + Control-Prohibited acts A 285 2 3 3 More 8 USC 1324 - Bringing in and harboring certain aliens 251 3 2 2 More 21 USC 952 - Importation of controlled substances 137 4 6 5 More 18 USC 1546 - Fraud and misuse of visas, permits, and other documents 104 5 5 7 More 8 USC 1325 - Entry of alien at improper time or place; etc. 94 6 4 4 More 21 USC 846 - Attempt and conspiracy 43 7 7 6 More 18 USC 2252 - Material involving sexual exploitation of minors 36 8 9 11 More 18 USC 922 - Firearms; Unlawful acts 21 9 11 12 More 18 USC 1001 - Fraud/false statements or entries generally 12 10 8 8 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 the 1 most frequently invoked 5 years ago..
Ranked 2nd in frequency was the lead charge "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 the 3 most frequently invoked 5 years ago..
Ranked 3rd was "Bringing in and harboring certain aliens" under Title 8 U.S.C Section 1324. "Bringing in and harboring certain aliens" under Title 8 U.S.C Section 1324 was ranked 2 a year ago, while it was the 2 most frequently invoked 5 years ago..
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 56.8 percent—compared to one year ago was Title 21 U.S.C Section 952 that involves " Importation of controlled substances ". Compared to five years ago, the largest increase—164.3 percent—was registered for prosecutions under " Fraud and misuse of visas, permits, and other documents " (Title 18 U.S.C Section 1546 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 73.6 percent—was Fraud/false statements or entries generally (Title 18 U.S.C Section 1001 ). This was the same statute that had the largest decrease— 72.8 %—when compared with five years ago.
Top Ranked Judicial Districts
In July 2009 the Justice Department said the government brought 1325.1 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 N Mexico 20,450 331 1 5 5 More Cal, S 14,256 369 2 3 3 More Texas, W 10,434 499 3 2 2 More Texas, S 9,646 639 4 1 1 More Arizona 8,914 458 5 4 4 More Wyoming 5,149 22 6 64 72 More N Dakota 3,200 17 7 56 24 More Montana 1,521 12 8 41 42 More Fla, S 1,420 77 9 6 7 More Utah 1,116 24 10 18 14 More
Table 3: Top 10 districts (per ten million people)
The District of New Mexico—with 20450 prosecutions as compared with 1325.1 prosecutions per ten million population in the United States—was the most active during July 2009. The District of New Mexico was ranked 5 a year ago, while it was ranked 5 five years ago.
The Southern District of California (San Diego) ranked 2nd. The Southern District of California (San Diego) was ranked 3 a year ago, while it was ranked 3 five years ago.
Western District of Texas (San Antonio) is now ranking 3rd. The Western District of Texas (San Antonio) was ranked 2 a year ago, while it was ranked 2 five years ago.
Recent entrants to the top 10 list were Utah , now ranked 10th , and Montana at 8th In the same order, these districts ranked 18th and 41st one year ago and 14th and 42nd five years ago.
The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago— 185.7 percent—was Wyoming . This was the same district that had the largest increase— 445.5 %—when compared with five years ago.
In the last year, the judicial District Court recording the largest drop in the rate of prosecutions— 22.4 percent—was Montana . But over the past five years, North Dakota showed the largest drop— 21.4 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 crime cases of this type during July 2009 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Brack, Robert C. N Mexico 180 1 1 3 More Kazen, George P. Texas, S 124 2 3 1 More Alvarez, Micaela Texas, S 121 3 2 - More Crane, Randy Texas, S 87 4 8 10 More Hinojosa, Ricardo H. Texas, S 86 5 9 14 More Martinez, Philip Ray Texas, W 66 6 4 8 More Cardone, Kathleen Texas, W 65 7 6 6 More Briones, David Texas, W 63 8 4 5 More Montalvo, Frank Texas, W 61 9 7 4 More Tagle, Hilda G. Texas, S 46 10 11 17 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 Robert C. Brack in the District of New Mexico ranked 1st with 180 defendants in cases. Judge Brack appeared in the top ten rankings one year (ranked 1) and five years ago (rank 3).
Judge George P. Kazen in the Southern District of Texas (Houston) ranked 2nd with 124 defendants in cases. Judge Kazen appeared in the top ten rankings one year (ranked 3) and five years ago (rank 1).
Judge Micaela Alvarez in the Southern District of Texas (Houston) ranked 3rd with 121 defendants in cases. Judge Alvarezalso appeared in the top ten rankings one year ago(ranked 2).
