Prosecutions for July 2012
Referring Agency: Alcohol, Tobacco, Firearms and Explosives
The latest available data from the Justice Department show that during July 2012 the government reported 765 new prosecutions 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 up 8.7% 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 2012 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was only slightly up (1.9 percent). 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 10.2 percent from levels reported in 2007.
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. 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 prosecutions of these matters in July 2012 was for "Weapons-Operation Triggerlock Major", accounting for 63.9 percent of prosecutions. Prosecutions were also filed for "Withheld by Govt from TRAC (FOIA challen" ( 14.9%), "Drugs-Drug Trafficking" (13.6%), "Drugs-Organized Crime Task Force" (4.3%). See Figure 2.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In July 2012, 77 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 18 U.S.C Section 922 involving the "Firearms; Unlawful acts". This was the lead charge for 49.4 percent of all magistrate filings in July.
Other frequently prosecuted lead charges include: "21 USC 846 - Attempt and conspiracy" (18.2%), "18 USC 924 - Firearms; Penalties" (7.8%), "21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A" (6.5%).
Prosecutions in U.S. District Courts
In July 2012, 688 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during July there were an additional 85 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 2012referred by the Alcohol, Tobacco, Firearms and Explosives.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 922 - Firearms; Unlawful acts 431 1 1 1 More 21 USC 846 - Attempt and conspiracy 69 2 3 3 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 65 3 2 2 More 18 USC 924 - Firearms; Penalties 33 4 4 4 More 18 USC 1951 - Hobbs Act 20 5 5 7 More 26 USC 5861 - Tax on Making Firearms - Prohibited acts 11 6 6 5 More 18 USC 842 - Explosives - Importation, manufacture, etc 7 7 17 10 More 18 USC 371 - Conspiracy to commit offense or to defraud US 4 8 7 6 More 18 USC 2 - Aiding and Abetting 3 9 34 39 More 18 USC 554 - Smuggling goods from the United States 3 9 10 26 More Table 2: Top charges filed
"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 "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.
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 2 a year ago, while it was ranked 2 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 366.7 percent—compared to one year ago was Title 18 U.S.C Section 842 that involves " Explosives - Importation, manufacture, etc ". Compared to five years ago, the largest increase—230.6 percent—was registered for prosecutions under " Hobbs Act " (Title 18 U.S.C Section 1951 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 58.8 percent—was Smuggling goods from the United States (Title 18 U.S.C Section 554 ). Compared to five years ago, the most significant decline in prosecutions— 48.8 percent—was for filings where the lead charge was " Tax on Making Firearms - Prohibited acts " (Title 26 U.S.C Section 5861 ).
Top Ranked Judicial Districts
In July 2012 the Justice Department said the government brought 302.1 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 Tenn, E 2,101 44 1 2 11 More N Mexico 1,672 28 2 22 35 More Wyoming 1,323 6 3 69 56 More N Car, E 1,214 37 4 3 24 More W Virg, N 1,071 8 5 69 68 More Ga, S 1,067 13 6 8 32 More Ala, S 872 6 7 33 26 More Montana 862 7 8 67 36 More Iowa, S 845 12 9 46 28 More Texas, S 785 55 10 1 8 More Table 3: Top 10 districts (per ten million people)
The Eastern District of Tennessee (Knoxville)—with 2101 prosecutions as compared with 302.1 prosecutions per ten million population in the United States—was the most active during July 2012. The Eastern District of Tennessee (Knoxville) was ranked 2 a year ago.
The District of New Mexico ranked 2nd.
District of Wyoming is now ranking 3rd.
Recent entrants to the top 10 list were New Mexico , now ranked 2nd , and Southern District of Alabama (Mobile) at 7th In the same order, these districts ranked 22nd and 33rd one year ago and 35th and 26th five years ago.
The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago— 223.8 percent—was Northern District of West Virginia (Wheeling). This was the same district that had the largest increase— 161.5 percent—when compared with five years ago.
In the last year, the judicial District Court recording the largest drop in the rate of prosecutions— 25.9 percent—was Southern District of Alabama (Mobile). But over the past five years, Montana showed the largest drop— 47.2 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 2012 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Mattice, Harry Sandlin, Jr. Tenn, E 20 1 1 6 More Schneider, Michael H., Sr. Texas, E 14 2 453 15 More Boyle, Terrence William N Car, E 12 3 19 31 More Jones, James Parker Virg, W 10 4 38 47 More Carnes, Julie E. Ga, N 9 5 248 564 More Collier, Curtis Lynn Tenn, E 9 5 29 37 More Saldana, Diana Texas, S 9 5 200 - More Rosen, Gerald Ellis Mich, E 8 8 125 441 More Dever, James C., III N Car, E 8 8 14 104 More Voorhees, Richard Lesley N Car, W 8 8 83 104 More Ramos, Nelva Gonzales Texas, S 8 8 - - More Trenga, Anthony John Virg, E 8 8 374 - More Table 4: Top 10 judges
A total of 6 out of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capita, while the remaining 6 judges were from other districts. (Because of ties, there were a total of 12 judges in the "top ten" rankings.)
Judge Harry Sandlin Mattice, Jr. in the Eastern District of Tennessee (Knoxville) ranked 1st with 20 defendants in cases. Judge Mattice appeared in the top ten rankings one year (ranked 1) and five years ago (rank 6).
Judge Michael H. Schneider, Sr. in the Eastern District of Texas (Tyler) ranked 2nd with 14 defendants in cases.
Judge Terrence William Boyle in the Eastern District of North Carolina (Raleigh) ranked 3rd with 12 defendants in cases.
Report Generated: October 1, 2012
