Convictions for April 2012

Referring Agency: Alcohol, Tobacco, Firearms and Explosives

Number Latest Month 570
Percent Change from previous month -31.8
Percent Change from 1 year ago -0.4
Percent Change from 5 years ago (Including Magistrate Court) -7.5
Percent Change from 5 years ago (Excluding Magistrate Court) -7.5
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during April 2012 the government reported 570 new convictions for these matters. Those cases were referred by the Alcohol, Tobacco, Firearms and Explosives. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 31.8% 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 2012 convictions of this type are compared with those of the same period in the previous year, the number of convictions was only slightly down (-0.4 percent). Convictions over the past year are still much lower than they were five years ago. Overall, the data show that convictions of this type are down 7.5 percent from levels reported in 2007.

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. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.

Cases were classified by prosecutors into more specific types.

The largest number of convictions of these matters in April 2012 was for "Weapons-Operation Triggerlock Major", accounting for 69.1 percent of convictions. Convictions were also filed for "Drugs-Drug Trafficking" (10.9%), " Withheld by Govt from TRAC (FOIA challen" (9.6%), "Drugs-Organized Crime Task Force" (4.4%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of convictions

Convictions in U.S. Magistrate Courts

Top Ranked Lead Charges

In April 2012, no 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.

Convictions in U.S. District Courts

In April 2012, 570 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during April 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 April.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the convictions of matters filed in U.S. District Court during April 2012referred by the Alcohol, Tobacco, Firearms and Explosives.

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 922 - Firearms; Unlawful acts 352 1 1 1 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 52 2 2 2 More
21 USC 846 - Attempt and conspiracy 35 3 3 3 More
18 USC 924 - Firearms; Penalties 18 4 4 4 More
18 USC 1951 - Hobbs Act 13 5 5 7 More
26 USC 5861 - Tax on Making Firearms - Prohibited acts 11 6 6 5 More
18 USC 371 - Conspiracy to commit offense or to defraud US 9 7 9 6 More
18 USC 844 - Explosives - Importation and storage of explosives 3 8 7 8 More
15 USC 376 - Reports to state tobacco tax administrator 2 9 - - More
18 USC 554 - Smuggling goods from the United States 2 9 - - More
18 USC 951 - Agents of foreign governments 2 9 - - More
Table 2: Top charges for convictions

  • "Firearms; Unlawful acts" (Title 18 U.S.C Section 922) was the most frequent recorded lead charge. "Firearms; Unlawful acts" (Title 18 U.S.C Section 922) was ranked 1 a year ago, while it was ranked 1 five 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 2 a year ago, while it was ranked 2 five years ago.

  • Ranked 3rd was "Attempt and conspiracy" under Title 21 U.S.C Section 846. "Attempt and conspiracy" under Title 21 U.S.C Section 846 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 22.7 percent—compared to one year ago was Title 18 U.S.C Section 1951 that involves " Hobbs Act ". This was the same statute that had the largest increase—170.6 %—when compared with five years ago.

Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 17.8 percent—was Attempt and conspiracy (Title 21 U.S.C Section 846 ). Compared to five years ago, the most significant decline in convictions— 37.8 percent—was for convictions where the lead charge was " Tax on Making Firearms - Prohibited acts " (Title 26 U.S.C Section 5861 ).

Top Ranked Judicial Districts

In April 2012 the Justice Department said the government obtained 222.8 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  
Ala, S 1,163 8 1 37 53 More
Vermont 1,158 6 2 81 81 More
Tenn, E 1,051 22 3 3 27 More
N Car, M 949 22 4 4 22 More
R. I. 798 7 5 70 85 More
Ohio, N 639 31 6 20 21 More
N Mexico 597 10 7 30 34 More
Okla, N 595 5 8 46 31 More
Miss, S 586 9 9 80 46 More
Ill, S 565 6 10 74 60 More
Table 3: Top 10 districts (per ten million people)

  • The Southern District of Alabama (Mobile)—with 1163 convictions as compared with 222.8 convictions per ten million population in the United States—was the most active during April 2012.

  • The District of Vermont ranked 2nd.

  • Eastern District of Tennessee (Knoxville) is now ranking 3rd. The Eastern District of Tennessee (Knoxville) was ranked 3 a year ago.

Recent entrants to the top 10 list were Northern District of Ohio (Cleveland), now ranked 6th , and New Mexico at 7th In the same order, these districts ranked 20th and 30th one year ago and 21st and 34th five years ago.

The federal judicial district which showed the greatest growth in the rate of convictions compared to one year ago— 123.5 percent—was Rhode Island . This was the same district that had the largest increase— 322.2 percent—when compared with five years ago.

In the last year, the judicial District Court recording the largest drop in the rate of convictions— 24.2 percent—was Middle District of North Carolina (Greensboro).  But over the past five years, Northern District of Oklahoma (Tulsa) showed the largest drop— 34.6 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 resulting in convictions of this type during April 2012 are shown in Table 4.

Judge Count Rank  
Osteen, William Lindsay, Jr. N Car, M 11 1 More
Nugent, Donald C. Ohio, N 9 2 More
Moses, Alia Texas, W 8 3 More
Crane, Randy Texas, S 7 4 More
Bury, David C. Arizona 6 5 More
Duffey, William S., Jr. Ga, N 6 5 More
Mattice, Harry Sandlin, Jr. Tenn, E 6 5 More
Trauger, Aleta Arthur Tenn, M 6 5 More
DuBose, Kristi K. Ala, S 5 9 More
Miller, Robert Lowell, Jr. Ind, N 5 9 More
Schroeder, Thomas D. N Car, M 5 9 More
Marbley, Algenon L. Ohio, S 5 9 More
Collier, Curtis Lynn Tenn, E 5 9 More
Reiss, Christina Clair Vermont 5 9 More
Table 4: Top 10 judges

A total of 7 out of the "top ten" judges were in districts which were in the top ten with the largest number of convictions per capita, while the remaining 7 judges were from other districts. (Because of ties, there were a total of 14 judges in the "top ten" rankings.)

  • Judge William Lindsay Osteen, Jr. in the Middle District of North Carolina (Greensboro) ranked 1st with 11 convicted in convictions.

  • Judge Donald C. Nugent in the Northern District of Ohio (Cleveland) ranked 2nd with 9 convicted in convictions.

  • Judge Alia Moses in the Western District of Texas (San Antonio) ranked 3rd with 8 convicted in convictions.

Report Generated: July 9, 2012
TRAC Copyright
Copyright 2012, TRAC Reports, Inc.

TRAC RSS Feed for this page Email Feed for this page Email this page