Convictions for August 2018

Number Latest Month 16,322
Percent Change from previous month 9.8
Percent Change from 1 year ago 47.1
Percent Change from 5 years ago
(Including Magistrate Court)
6.6
Percent Change from 5 years ago
(Excluding Magistrate Court)
-3.5
Table 1. Criminal Convictions

The latest available data from the Justice Department show that during August 2018 the government reported 16322 new convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 9.8 percent 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 2018 convictions of this type are compared with those of the same period in the previous year, the number of convictions was up (47.1%). 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 6.6 percent from levels reported in 2013.

Bar and line plot of FYMON

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 2018 was for "Immigration", accounting for 70.5 percent of convictions. Convictions were also filed for "Drugs-Drug Trafficking" (7.8%), "Weapons-Operation Triggerlock Major" (4.8%), "Drugs-Organized Crime Task Force" (2.7%), "Other Criminal Prosecutions" (2%). See Figure 2.

The lead investigative agency for convictions in August 2018 was DHS accounting for 75 percent of convictions. Other agencies with substantial numbers of convictions were: FBI (6% ), DEA (5%), 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 2018, 9373 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 "Entry of alien at improper time or place; etc.". This was the lead charge for 83.4 percent of all magistrate convictions in August.

Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (9.7%).

Convictions in U.S. District Courts

In August 2018, 6949 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 2018.

Lead Charge Count Rank 1yr ago 5yrs ago  
08 USC 1326 - Reentry of deported alien 2,195 1 1 1 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 824 2 2 2 More
18 USC 922 - Firearms; Unlawful acts 707 3 4 4 More
21 USC 846 - Attempt and conspiracy 650 4 3 3 More
08 USC 1324 - Bringing in and harboring certain aliens 285 5 5 5 More
18 USC 2252 - Material involving sexual exploitation of minors 130 6 7 7 More
18 USC 1343 - Fraud by wire, radio, or television 109 7 8 12 More
18 USC 2113 - Bank robbery and incidental crimes 84 8 9 11 More
21 USC 952 - Importation of controlled substances 83 9 6 6 More
18 USC 1029 - Fraud and related activity - access devices 75 10 22 21 More
18 USC 1951 - Hobbs Act 75 10 11 16 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 "Firearms; Unlawful acts" under Title 18 U.S.C Section 922. "Firearms; Unlawful acts" under Title 18 U.S.C Section 922 was ranked 4 a year ago, while it was ranked 4 five years ago.

Among these top ten lead charges, the one showing the greatest increase in convictions — up 18.2 percent — compared to one year ago was Title 8 U.S.C Section 1326 that involves " Reentry of deported alien ". Compared to five years ago, the largest increase — 36.9 percent — was registered for convictions under " Hobbs Act " (Title 18 U.S.C Section 1951 ).

Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago — down 9.2 percent — was " Attempt and conspiracy " (Title 21 U.S.C Section 846 ). This was the same statute that had the largest decrease — 18.1 % — when compared with five years ago.

Top Ranked Judicial Districts

In August 2018 the Justice Department said the government obtained 2580.7 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 22,604 392 1 4 4 More
Arizona 13,920 804 2 3 5 More
Texas, W 11,536 682 3 1 1 More
Cal, S 10,187 297 4 5 3 More
Texas, S 7,454 597 5 2 2 More
Ala, S 6,822 48 6 54 61 More
Ga, S 6,166 81 7 57 69 More
Nebraska 6,103 97 8 30 28 More
S Dakota 6,063 43 9 29 29 More
Ind, N 5,891 127 10 61 56 More
Table 3. Top 10 Districts (per ten million people)

  • The District of New Mexico — with 22604 convictions as compared with 2580.7 convictions per ten million population in the United States — was the most active during August 2018. The District of New Mexico was ranked 4 a year ago, while it was ranked 4 for most frequent use five years ago.

  • The District of Arizona ranked 2nd. The District of Arizona was ranked 3 a year ago, while it was ranked 5 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 South Dakota , now ranked 9th , and Nebraska at 8th In the same order, these districts ranked 29th and 30th one year ago and 29th and 28th five years ago.

The federal judicial district which showed the greatest growth in the rate of convictions compared to one year ago — 69.8 percent — was Northern District of Indiana (South Bend). Compared to five years ago, the district with the largest growth — 65.3 percent — was Southern District of Georgia (Savannah).

In the last year, the judicial District Court recording the largest drop in the rate of convictions — 27.3 percent — was Southern District of Alabama (Mobile).  This was the same district that had the largest increase — 22.6 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 2018 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Zainey, Jay C. Texas, W 154 1 - - More
Ramos, Nelva Gonzales Texas, S 124 2 21 15 More
Marquez, Rosemary Arizona 107 3 16 - More
Zipps, Jennifer Guerin Arizona 104 4 20 12 More
Marten, John Thomas N Mexico 100 5 984 1,026 More
McBryde, John H. Texas, N 100 5 134 83 More
O'Connor, Reed Charles Texas, N 87 7 42 99 More
Gonzales, Kenneth John N Mexico 83 8 4 - More
Soto, James Alan Arizona 78 9 6 - More
Crane, Randy Texas, S 74 10 5 5 More
Table 4. Top Ten Judges

A total of 8 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 2 judges were from other districts.

  • Judge Jay C. Zainey in the Western District of Texas (San Antonio) ranked 1st with 154 convicted in convictions.

  • Judge Nelva Gonzales Ramos in the Southern District of Texas (Houston) ranked 2nd with 124 convicted in convictions.

  • Judge Rosemary Marquez in the District of Arizona ranked 3rd with 107 convicted in convictions.

Report Generated: October 4, 2018
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