Convictions for August 2013

Number Latest Month 12,166
Percent Change from previous month -5.6
Percent Change from 1 year ago -3.9
Percent Change from 5 years ago (Including Magistrate Court) 1.3
Percent Change from 5 years ago (Excluding Magistrate Court) -6.8
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during August 2013 the government reported 12166 new convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 5.6% 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 (-3.9 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 1.3 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. 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 August 2013 was for "Immigration", accounting for 58.6 percent of convictions. Convictions were also filed for "Drugs-Drug Trafficking" (10.5%), " Withheld by Govt from TRAC (FOIA challen" (4.8%), "Drugs-Organized Crime Task Force" (4.4%), "Weapons-Operation Triggerlock Major" (4.3%). See Figure 2.

The lead investigative agency for convictions in August 2013 was DHS accounting for 65 percent of convictions. Other agencies with substantial numbers of convictions were: DEA (8% ), FBI (8%), ATF (5%), Interior (2%). See Figure 3.

Pie chart of progcatlabel

Figure 2: Specific types of convictions
Pie chart of agenrevgrp

Figure 3: Convictions by investigative agency

Convictions in U.S. Magistrate Courts

Top Ranked Lead Charges

In August 2013, 5456 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 August 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 62.9 percent of all magistrate convictions in August.

Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (23.4%).

Convictions in U.S. District Courts

In August 2013, 6710 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during August 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 August.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the convictions of matters filed in U.S. District Court during August 2013.

Lead Charge Count Rank 1yr ago 5yrs ago  
08 USC 1326 - Reentry of deported alien 1,923 1 1 1 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 888 2 2 2 More
21 USC 846 - Attempt and conspiracy 631 3 3 3 More
18 USC 922 - Firearms; Unlawful acts 472 4 4 4 More
08 USC 1324 - Bringing in and harboring certain aliens 193 5 5 5 More
18 USC 1546 - Fraud and misuse of visas, permits, and other documents 97 6 9 6 More
18 USC 2252 - Material involving sexual exploitation of minors 95 7 7 11 More
21 USC 952 - Importation of controlled substances 85 8 6 10 More
18 USC 641 - Public money, property or records 79 9 14 14 More
18 USC 1343 - Fraud by wire, radio, or television 75 10 13 18 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 "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 20.8 percent—compared to one year ago was Title 18 U.S.C Section 641 that involves " Public money, property or records ". Compared to five years ago, the largest increase—36.6 percent—was registered for convictions under " Fraud by wire, radio, or television " (Title 18 U.S.C Section 1343 ).

Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 18.3 percent—was Importation of controlled substances (Title 21 U.S.C Section 952 ). Compared to five years ago, the most significant decline in convictions— 41.4 percent—was for convictions where the lead charge was " Fraud and misuse of visas, permits, and other documents " (Title 18 U.S.C Section 1546 ).

Top Ranked Judicial Districts

In August 2013 the Justice Department said the government obtained 2622.7 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  
N Mexico 29,915 501 1 5 5 More
Cal, S 14,717 395 2 4 4 More
Texas, W 12,644 646 3 1 1 More
S Dakota 11,522 78 4 43 64 More
Texas, S 9,431 661 5 3 2 More
Wyoming 6,394 29 6 63 71 More
Arizona 5,913 325 7 2 3 More
Tenn, W 5,251 68 8 36 33 More
D. C. 4,603 23 9 62 64 More
W Virg, N 4,553 34 10 73 59 More
Table 3: Top 10 districts (per ten million people)

  • The District of New Mexico—with 29915 convictions as compared with 2622.7 convictions per ten million population in the United States—was the most active during August 2013. 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 4 a year ago, while it was ranked 4 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 1 a year ago, while it was ranked 1 for most frequent use five years ago.

Recent entrants to the top 10 list were Western District of Tennessee (Memphis), now ranked 8th , and South Dakota at 4th In the same order, these districts ranked 36th and 43rd one year ago and 33rd and 64th five years ago.

The federal judicial district which showed the greatest growth in the rate of convictions compared to one year ago— 45.5 percent—was New Mexico . Compared to five years ago, the district with the largest growth— 68.8 percent—was South Dakota .

In the last year, the judicial District Court recording the largest drop in the rate of convictions— 61.4 percent—was Arizona .  This was the same district that had the largest increase— 36.3 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 August 2013 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Brack, Robert C. N Mexico 185 1 3 1 More
Moses, Alia Texas, W 104 2 1 - More
Hinojosa, Ricardo H. Texas, S 84 3 4 9 More
Alvarez, Micaela Texas, S 84 3 11 11 More
Johnson, William Paul N Mexico 79 5 92 99 More
Hanen, Andrew S. Texas, S 74 6 18 12 More
Biery, Samuel Frederick, Jr. Texas, W 68 7 18 65 More
Montalvo, Frank Texas, W 66 8 12 4 More
Zipps, Jennifer Guerin Arizona 63 9 9 - More
Briones, David Texas, W 63 9 7 5 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 Robert C. Brack in the District of New Mexico ranked 1st with 185 convicted in convictions. Judge Brack appeared in the top ten rankings one year (ranked 3) and five years ago (rank 1).

  • Judge Alia Moses in the Western District of Texas (San Antonio) ranked 2nd with 104 convicted in convictions. Judge Mosesalso appeared in the top ten rankings one year ago(ranked 1).

  • Judges Ricardo H. Hinojosa in the Southern District of Texas (Houston) and Micaela Alvarez in the Southern District of Texas (Houston) ranked 3rd with 84 convicted in convictions. Judge Hinojosa appeared in the top ten rankings one year (ranked 4) and five years ago (rank 9).

Report Generated: November 12, 2013
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