Prosecutions for March 2014

Referring Agency: Immigration and Customs in Homeland Security

Number Latest Month 7,455
Percent Change from previous month 6.3
Percent Change from 1 year ago -24.0
Percent Change from 5 years ago (Including Magistrate Court) -12.4
Percent Change from 5 years ago (Excluding Magistrate Court) -23.9
Table 1. Criminal Prosecutions

The latest available data from the Justice Department show that during March 2014 the government reported 7455 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 6.3 percent 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 2014 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-24%). Prosecutions over the past year are still much lower than they were five years ago. Overall, the data show that prosecutions of this type are down 12.4 percent from levels reported in 2009.

Bar and line plot of FYMON

Figure 1. Monthly Trends in Prosecutions

The decrease 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 March 2014 was for "Immigration", accounting for 87 percent of prosecutions. Prosecutions were also filed for "Drugs-Drug Trafficking" (7.6%). See Figure 2.

Pie chart of progcatlabel

Figure 2. Specific Types of Prosecutions

Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In March 2014, 6176 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 March the most frequently cited lead charge was Title 8 U.S.C Section 1325 involving "Entry of alien at improper time or place; etc.". This was the lead charge for 44.9 percent of all magistrate filings in March.

Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (41.4%).

Prosecutions in U.S. District Courts

In March 2014, 1279 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during March there were an additional 1365 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 March.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during March 2014 referred by the Immigration and Customs in Homeland Security.

Lead Charge Count Rank 1yr ago 5yrs ago  
08 USC 1326 - Reentry of deported alien 1,582 1 1 1 More
08 USC 1324 - Bringing in and harboring certain aliens 198 2 2 2 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 164 3 3 3 More
21 USC 846 - Attempt and conspiracy 116 4 5 7 More
21 USC 952 - Importation of controlled substances 107 5 4 4 More
18 USC 1546 - Fraud and misuse of visas, permits, and other documents 64 6 6 6 More
18 USC 2252 - Material involving sexual exploitation of minors 48 7 7 8 More
18 USC 922 - Firearms; Unlawful acts 36 8 8 10 More
08 USC 1325 - Entry of alien at improper time or place; etc. 28 9 10 5 More
18 USC 1544 - Misuse of passport 23 10 9 25 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 "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 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 prosecutions — up 45.7 percent — compared to one year ago was Title 8 U.S.C Section 1325 that involves " Entry of alien at improper time or place; etc. ". Compared to five years ago, the largest increase — 858.8 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 23.5 percent — was " Importation of controlled substances " (Title 21 U.S.C Section 952 ). Compared to five years ago, the most significant decline in prosecutions — 71.6 percent — was for filings 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 March 2014 the Justice Department said the government brought 1010.7 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 16,859 293 1 5 5 More
Cal, S 10,769 301 2 3 3 More
Texas, W 8,266 454 3 2 2 More
Arizona 6,427 351 4 4 4 More
Texas, S 5,672 421 5 1 1 More
Wyoming 2,082 10 6 58 37 More
Nebraska 1,875 29 7 15 34 More
N Dakota 1,201 7 8 26 28 More
Ark, W 1,188 13 9 38 37 More
La, M 1,177 8 10 41 80 More
Table 3. Top 10 Districts (per ten million people)

  • The District of New Mexico — with 16859 prosecutions as compared with 1010.7 prosecutions per ten million population in the United States — was the most active during March 2014. 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 3 a year ago, while it was ranked 3 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 2 for most frequent use five years ago.

Recent entrants to the top 10 list were Nebraska , now ranked 7th , and North Dakota at 8th In the same order, these districts ranked 15th and 26th one year ago and 34th and 28th five years ago.

The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago — 23.9 percent — was Arizona . Compared to five years ago, the district with the largest growth — 275 percent — was Middle District of Louisiana (Baton Rouge).

In the last year, the judicial District Court recording the largest drop in the rate of prosecutions — 35.8 percent — was Western District of Arkansas (Fort Smith).  But over the past five years, Wyoming showed the largest drop — 45.1 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 March 2014 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Brack, Robert C. N Mexico 138 1 1 4 More
Moses, Alia Texas, W 125 2 2 - More
Gonzales, Kenneth John N Mexico 93 3 - - More
Junell, Robert A. Texas, W 67 4 7 19 More
Hinojosa, Ricardo H. Texas, S 59 5 3 10 More
Hanen, Andrew S. Texas, S 58 6 4 11 More
Crane, Randy Texas, S 57 7 5 9 More
Alvarez, Micaela Texas, S 56 8 6 2 More
Collins, Raner Christercunean Arizona 45 9 14 30 More
Guaderrama, David C. Texas, W 42 10 13 - More
Table 4. Top Ten Judges

All 10 of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capit.

  • Judge Robert C. Brack in the District of New Mexico ranked 1st with 138 defendants in cases. Judge Brack appeared in the top ten rankings one year (ranked 1) and five years ago (rank 4).

  • Judge Alia Moses in the Western District of Texas (San Antonio) ranked 2nd with 125 defendants in cases. Judge Moses also appeared in the top ten rankings one year ago (ranked 2).

  • Judge Kenneth John Gonzales in the District of New Mexico ranked 3rd with 93 defendants in cases.

Report Generated: May 13, 2014
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