Convictions for February 2013

Referring Agency: Drug Enforcement Administration

Number Latest Month 986
Percent Change from previous month -11.9
Percent Change from 1 year ago -3.3
Percent Change from 5 years ago (Including Magistrate Court) -9.3
Percent Change from 5 years ago (Excluding Magistrate Court) -9.2
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during February 2013 the government reported 986 new convictions for these matters. Those cases were referred by the Drug Enforcement Administration. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 11.9% 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 (-3.3 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 9.3 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in convictions

The decrease 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 February 2013 was for "Drugs-Drug Trafficking", accounting for 50.4 percent of convictions. Convictions were also filed for "Drugs-Organized Crime Task Force" (28.8%), " Withheld by Govt from TRAC (FOIA challen" (16.7%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of convictions

Convictions in U.S. Magistrate Courts

Top Ranked Lead Charges

In February 2013, 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 February 2013, 986 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during February 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 February.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the convictions of matters filed in U.S. District Court during February 2013referred by the Drug Enforcement Administration.

Lead Charge Count Rank 1yr ago 5yrs ago  
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 427 1 1 1 More
21 USC 846 - Attempt and conspiracy 327 2 2 2 More
21 USC 963 - Attempt and conspiracy 11 3 3 3 More
18 USC 1951 - Hobbs Act 9 4 11 14 More
21 USC 952 - Importation of controlled substances 6 5 10 10 More
18 USC 1956 - Laundering of monetary instruments 5 6 6 5 More
18 USC 4 - Misprision of Felony 4 7 19 22 More
18 USC 922 - Firearms; Unlawful acts 4 7 4 4 More
18 USC 1962 - RICO - prohibited activities 3 9 8 17 More
08 USC 1326 - Reentry of deported alien 2 10 15 13 More
18 USC 846 - Explosives - Additional powers of the Secretary 2 10 19 18 More
18 USC 1001 - Fraud/false statements or entries generally 2 10 22 22 More
18 USC 1201 - Kidnaping 2 10 37 - More
21 USC 851 - Proceedings to establish prior convictions 2 10 - - More
Table 2: Top charges for convictions

  • "Drug Abuse Prevention & Control-Prohibited acts A" (Title 21 U.S.C Section 841) was the most frequent recorded lead charge. "Drug Abuse Prevention & Control-Prohibited acts A" (Title 21 U.S.C Section 841) 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 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 963. "Attempt and conspiracy" under Title 21 U.S.C Section 963 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 600 percent—compared to one year ago was Title 18 U.S.C Section 1201 that involves " Kidnaping ". Compared to five years ago, the largest increase—266.7 percent—was registered for convictions under " RICO - prohibited activities " (Title 18 U.S.C Section 1962 ).

Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 44.4 percent—was Reentry of deported alien (Title 8 U.S.C Section 1326 ). This was the same statute that had the largest decrease— 44.4 %—when compared with five years ago.

Top Ranked Judicial Districts

In February 2013 the Justice Department said the government obtained 385.4 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  
Ark, E 2,181 29 1 26 38 More
N. Y., S 2,033 87 2 6 5 More
N Mexico 1,911 32 3 4 7 More
Hawaii 1,760 19 4 64 54 More
Tenn, W 1,699 22 5 62 43 More
Vermont 1,351 7 6 66 90 More
Texas, W 1,233 63 7 1 1 More
Ken, E 1,218 22 8 9 20 More
Fla, N 1,187 17 9 57 44 More
Texas, S 1,113 78 10 2 2 More
Table 3: Top 10 districts (per ten million people)

  • The Eastern District of Arkansas (Little Rock)—with 2181 convictions as compared with 385.4 convictions per ten million population in the United States—was the most active during February 2013.

  • The Southern District of New York (Manhattan) ranked 2nd. The Southern District of New York (Manhattan) was ranked 6 a year ago, while it was ranked 5 for most frequent use five years ago.

  • District of New Mexico is now ranking 3rd. The District of New Mexico was ranked 4 a year ago, while it was ranked 7 for most frequent use five years ago.

Recent entrants to the top 10 list were Eastern District of Arkansas (Little Rock), now ranked 1st , and Northern District of Florida (Pensacola) at 9th In the same order, these districts ranked 26th and 57th one year ago and 38th and 44th five years ago.

The federal judicial district which showed the greatest growth in the rate of convictions compared to one year ago— 250 percent—was Western District of Tennessee (Memphis). Compared to five years ago, the district with the largest growth— 400 percent—was Vermont .

In the last year, the judicial District Court recording the largest drop in the rate of convictions— 42.3 percent—was Eastern District of Kentucky (Lexington).  But over the past five years, Southern District of New York (Manhattan) showed the largest drop— 36.5 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 February 2013 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Junell, Robert A. Texas, W 21 1 2 1 More
Moses, Alia Texas, W 21 1 1 - More
Dominguez, Daniel R. Puer Rico 15 3 26 289 More
Garcia Marmolejo, Marina Texas, S 15 3 - - More
Moody, James Maxwell Ark, E 13 5 269 60 More
Crane, Randy Texas, S 13 5 4 113 More
Gelpi, Gustavo Antonio, Jr. Puer Rico 11 7 47 - More
Greer, J. Ronnie Tenn, E 11 7 59 34 More
Cooke, Marcia G. Fla, S 9 9 112 167 More
Brack, Robert C. N Mexico 9 9 20 5 More
Marrero, Victor N. Y., S 9 9 461 333 More
Stein, Sidney H. N. Y., S 9 9 168 167 More
McCalla, Jon Phipps Tenn, W 9 9 112 113 More
Alvarez, Micaela Texas, S 9 9 6 7 More
Table 4: Top 10 judges

A total of 10 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 4 judges were from other districts. (Because of ties, there were a total of 14 judges in the "top ten" rankings.)

  • Judges Robert A. Junell in the Western District of Texas (San Antonio) and Alia Moses in the Western District of Texas (San Antonio) ranked 1st with 21 convicted in convictions. Judge Junell appeared in the top ten rankings one year (ranked 2) and five years ago (rank 1).Judge Mosesalso appeared in the top ten rankings one year ago(ranked 1).

  • Judges Daniel R. Dominguez in the District of Puerto Rico and Marina Garcia Marmolejo in the Southern District of Texas (Houston) ranked 3rd with 15 convicted in convictions.

Report Generated: April 23, 2013
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