Convictions for July 2013

Referring Agency: Immigration and Customs in Homeland Security

Number Latest Month 8,587
Percent Change from previous month 13.4
Percent Change from 1 year ago -5.1
Percent Change from 5 years ago (Including Magistrate Court) 6.4
Percent Change from 5 years ago (Excluding Magistrate Court) -0.3
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during July 2013 the government reported 8587 new convictions 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 13.4% over the previous month.

The comparisons of the number of defendants convicted 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 (-5.1 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 6.4 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in convictions

The leveling out from the levels five years ago in convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of 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.

Cases were classified by prosecutors into more specific types.

The largest number of convictions of these matters in July 2013 was for "Immigration", accounting for 90.8 percent of convictions. Convictions were also filed for "Drugs-Drug Trafficking" (5.7%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of convictions

Convictions in U.S. Magistrate Courts

Top Ranked Lead Charges

In July 2013, 6119 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 74.5 percent of all magistrate convictions in July.

Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (22%).

Convictions in U.S. District Courts

In July 2013, 2468 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during July 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 July.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the convictions of matters filed in U.S. District Court during July 2013referred by the Immigration and Customs in Homeland Security.

Lead Charge Count Rank 1yr ago 5yrs ago  
08 USC 1326 - Reentry of deported alien 1,437 1 1 1 More
08 USC 1324 - Bringing in and harboring certain aliens 190 2 4 2 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 148 3 3 3 More
21 USC 952 - Importation of controlled substances 125 4 5 6 More
21 USC 846 - Attempt and conspiracy 101 5 2 7 More
18 USC 1546 - Fraud and misuse of visas, permits, and other documents 100 6 6 5 More
08 USC 1325 - Entry of alien at improper time or place; etc. 39 7 7 4 More
18 USC 2252 - Material involving sexual exploitation of minors 35 8 8 9 More
18 USC 922 - Firearms; Unlawful acts 23 9 10 11 More
18 USC 1028 - Fraud and related activity - id documents 22 10 11 10 More
Table 2: Top charges for convictions

  • "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 "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 4 a year ago, while it was ranked 2 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 convictions—up 38.6 percent—compared to one year ago was Title 18 U.S.C Section 922 that involves " Firearms; Unlawful acts ". Compared to five years ago, the largest increase—77.6 percent—was registered for convictions under " Attempt and conspiracy " (Title 21 U.S.C Section 846 ).

Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 55.6 percent—was Attempt and conspiracy (Title 21 U.S.C Section 846 ). Compared to five years ago, the most significant decline in convictions— 73.6 percent—was for convictions where the lead charge was " Entry of alien at improper time or place; etc. " (Title 8 U.S.C Section 1325 ).

Top Ranked Judicial Districts

In July 2013 the Justice Department said the government obtained 964.7 convictions for every ten million people in the United States.

Understandably, there is great variation in the per capita number of 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 convictions to receive a ranking.


Judicial District Percapita Count Rank 1yr ago 5yrs ago  
N Mexico 17,018 285 1 5 5 More
Cal, S 12,519 336 2 4 4 More
Texas, W 6,341 324 3 2 1 More
Texas, S 5,850 410 4 3 2 More
Arizona 4,912 270 5 1 3 More
N Dakota 1,855 10 6 33 56 More
Fla, S 1,637 91 7 6 7 More
Nebraska 1,403 21 8 22 43 More
D. C. 1,401 7 9 62 93 More
N. Y., W 1,164 27 10 14 19 More
Table 3: Top 10 districts (per ten million people)

  • The District of New Mexico—with 17018 convictions as compared with 964.7 convictions per ten million population in the United States—was the most active during July 2013. The District of New Mexico was ranked 5 a year ago, while it was ranked 5 for most frequent use five years ago.

  • The Southern District of California (San Diego) ranked 2nd. 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.

  • 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 1 for most frequent use five years ago.

Recent entrants to the top 10 list were Western District of New York (Buffalo), now ranked 10th , and Nebraska at 8th In the same order, these districts ranked 14th and 22nd one year ago and 19th and 43rd five years ago.

The federal judicial district which showed the greatest growth in the rate of convictions compared to one year ago— 60.7 percent—was North Dakota . Compared to five years ago, the district with the largest growth— 1600 percent—was Washington, D.C. (Washington).

In the last year, the judicial District Court recording the largest drop in the rate of convictions— 66 percent—was Arizona .  This was the same district that had the largest increase— 34.5 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 resulting in convictions of this type during July 2013 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Brack, Robert C. N Mexico 123 1 2 1 More
Johnson, William Paul N Mexico 71 2 59 52 More
Collins, Raner Christercunean Arizona 64 3 12 14 More
Jorgenson, Cindy K. Arizona 56 4 8 17 More
Hinojosa, Ricardo H. Texas, S 55 5 3 9 More
Crane, Randy Texas, S 52 6 4 8 More
Hanen, Andrew S. Texas, S 52 6 17 11 More
Ramos, Nelva Gonzales Texas, S 51 8 24 - More
Zipps, Jennifer Guerin Arizona 49 9 6 - More
Cardone, Kathleen Texas, W 46 10 9 4 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 convictions per capita.

  • Judge Robert C. Brack in the District of New Mexico ranked 1st with 123 convicted in convictions. Judge Brack appeared in the top ten rankings one year (ranked 2) and five years ago (rank 1).

  • Judge William Paul Johnson in the District of New Mexico ranked 2nd with 71 convicted in convictions.

  • Judge Raner Christercunean Collins in the District of Arizona ranked 3rd with 64 convicted in convictions.

Report Generated: September 23, 2013
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