Convictions for September 2013

Referring Agency: Immigration and Customs in Homeland Security

Number Latest Month 7,652
Percent Change from previous month -3.0
Percent Change from 1 year ago -8.1
Percent Change from 5 years ago (Including Magistrate Court) 5.6
Percent Change from 5 years ago (Excluding Magistrate Court) -1.9
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during September 2013 the government reported 7652 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 down 3% 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 (-8.1 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 5.6 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 September 2013 was for "Immigration", accounting for 89.1 percent of convictions. Convictions were also filed for "Drugs-Drug Trafficking" (6.1%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of convictions

Convictions in U.S. Magistrate Courts

Top Ranked Lead Charges

In September 2013, 4903 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 September 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 68.9 percent of all magistrate convictions in September.

Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (27.9%).

Convictions in U.S. District Courts

In September 2013, 2749 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September 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 September.

Top Ranked Lead Charges

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

Lead Charge Count Rank 1yr ago 5yrs ago  
08 USC 1326 - Reentry of deported alien 1,584 1 1 1 More
08 USC 1324 - Bringing in and harboring certain aliens 228 2 2 2 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 183 3 4 3 More
21 USC 952 - Importation of controlled substances 114 4 5 6 More
18 USC 1546 - Fraud and misuse of visas, permits, and other documents 100 5 6 4 More
21 USC 846 - Attempt and conspiracy 94 6 3 7 More
08 USC 1325 - Entry of alien at improper time or place; etc. 50 7 7 5 More
18 USC 2252 - Material involving sexual exploitation of minors 47 8 8 9 More
18 USC 922 - Firearms; Unlawful acts 40 9 10 11 More
18 USC 1544 - Misuse of passport 29 10 9 20 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 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 4 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 37.8 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—483.3 percent—was registered for convictions 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 convictions compared to one year ago—down 51.1 percent—was Attempt and conspiracy (Title 21 U.S.C Section 846 ). Compared to five years ago, the most significant decline in convictions— 72.6 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 September 2013 the Justice Department said the government obtained 1074.5 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  
Cal, S 14,047 377 1 3 3 More
Texas, W 9,179 469 2 2 2 More
Texas, S 7,705 540 3 4 1 More
N Mexico 6,270 105 4 5 5 More
Arizona 3,893 214 5 1 4 More
N Dakota 3,154 17 6 32 60 More
Wash, E 2,119 26 7 39 24 More
Wyoming 1,984 9 8 51 68 More
Ala, S 1,890 13 9 48 51 More
Nebraska 1,536 23 10 24 47 More
Table 3: Top 10 districts (per ten million people)

  • The Southern District of California (San Diego)—with 14047 convictions as compared with 1074.5 convictions per ten million population in the United States—was the most active during September 2013. 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.

  • The Western District of Texas (San Antonio) ranked 2nd. 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.

  • Southern District of Texas (Houston) is now ranking 3rd. The Southern District of Texas (Houston) was ranked 4 a year ago, while it was ranked 1 for most frequent use five years ago.

Recent entrants to the top 10 list were Nebraska , now ranked 10th , and North Dakota at 6th In the same order, these districts ranked 24th and 32nd one year ago and 47th and 60th five years ago.

The federal judicial district which showed the greatest growth in the rate of convictions compared to one year ago— 63.3 percent—was Eastern District of Washington (Spokane). Compared to five years ago, the district with the largest growth— 286.4 percent—was North Dakota .

In the last year, the judicial District Court recording the largest drop in the rate of convictions— 59.7 percent—was Arizona .  This was the same district that had the largest increase— 16.3 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 resulting in convictions of this type during September 2013 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Hinojosa, Ricardo H. Texas, S 73 1 6 10 More
Crane, Randy Texas, S 72 2 3 6 More
Montalvo, Frank Texas, W 70 3 4 7 More
Hanen, Andrew S. Texas, S 58 4 17 12 More
Alvarez, Micaela Texas, S 57 5 12 9 More
Kazen, George P. Texas, S 54 6 46 5 More
Reeves, Danny C. Texas, W 52 7 49 - More
Martinez, Philip Ray Texas, W 45 8 8 2 More
Jorgenson, Cindy K. Arizona 44 9 7 29 More
Junell, Robert A. Texas, W 43 10 14 27 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 Ricardo H. Hinojosa in the Southern District of Texas (Houston) ranked 1st with 73 convicted in convictions. Judge Hinojosa appeared in the top ten rankings one year (ranked 6) and five years ago (rank 10).

  • Judge Randy Crane in the Southern District of Texas (Houston) ranked 2nd with 72 convicted in convictions. Judge Crane appeared in the top ten rankings one year (ranked 3) and five years ago (rank 6).

  • Judge Frank Montalvo in the Western District of Texas (San Antonio) ranked 3rd with 70 convicted in convictions. Judge Montalvo appeared in the top ten rankings one year (ranked 4) and five years ago (rank 7).

Report Generated: November 25, 2013
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