Convictions for February 2008
The latest available data from the Justice Department show that during February 2008 the government reported 11708 new convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 36.5% 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 2008 convictions of this type are compared with those of the same period in the previous year, the number of convictions was up (16.9 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 44 percent from levels reported in 2003.
The growth in these cases is partly related to increases in the matters filed in U.S. Magistrate Courts. If magistrate cases are excluded and only Federal District Court cases are counted, the overall increase in convictions is 9.7 percent instead of 44 percent. The evidence suggests that part of the difference may be the result of improvements in the recording of the magistrate cases by the Justice Department.
The increase 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. 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 2008 was for "Immigration", accounting for 56.2 percent of convictions. Convictions were also filed for "Drugs-Drug Trafficking" (12.9%), " Weapons-Operation Triggerlock Major" (5.7%), "Drugs-Organized Crime Task Force" (4%), "Withheld by Govt from TRAC (FOIA challen" (3.7%), "Other Criminal Prosecutions" (2.2%), "Assimilated Crimes" (2%). See Figure 2.
The lead investigative agency for convictions in February 2008 was DHS accounting for 62 percent of convictions. Other agencies with substantial numbers of convictions were: DEA (10% ), FBI (8%), ATF (6%), Local (2%). See Figure 3.
Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In February 2008, 43 percent of cases for these matters took place in U.S. Magistrate Courts which handle less serious misdemeanor cases, including what are called "petty offenses." In the magistrate courts in February 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 83.1 percent of all magistrate convictions in February.
Other frequently prosecuted lead charges include: "8 USC 1326 - Reentry of deported alien" (6.8%).
Convictions in U.S. District Courts
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 2008.
Lead Charge Count Rank 1yr ago 5yrs ago 8 USC 1326 - Reentry of deported alien 1,353 1 2 2 More 21 USC 841 - Drug Abuse Prevention + Control-Prohibited acts A 1,021 2 1 1 More 21 USC 846 - Attempt and conspiracy 727 3 3 3 More 18 USC 922 - Firearms; Unlawful acts 564 4 4 4 More 8 USC 1324 - Bringing in and harboring certain aliens 368 5 5 5 More 21 USC 952 - Importation of controlled substances 139 6 6 6 More 18 USC 2113 - Bank robbery and incidental crimes 129 7 7 8 More 18 USC 371 - Conspiracy to commit offense or to defraud US 117 8 9 11 More 18 USC 2252 - Material involving sexual exploitation of minors 102 9 11 19 More 8 USC 1325 - Entry of alien at improper time or place; etc. 101 10 14 7 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 2 a year ago, while it was the 2 most frequently invoked 5 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 1 a year ago, while it was the 1 most frequently invoked 5 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 the 3 most frequently invoked 5 years ago..
Among these top ten lead charges, the one showing the greatest increase in convictions—up 43.8 percent—compared to one year ago was Title 8 U.S.C Section 1325 that involves " Entry of alien at improper time or place; etc. ". Compared to five years ago, the largest increase—131.4 percent—was registered for convictions under " Material involving sexual exploitation of minors " (Title 18 U.S.C Section 2252 ).
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 16.1 percent—was Importation of controlled substances (Title 21 U.S.C Section 952 ). This was the same statute that had the largest decrease— 42.9 %—when compared with five years ago.
Top Ranked Judicial Districts
In February 2008 the Justice Department said the government obtained 2677 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 18,848 307 1 5 5 More Cal, S 18,570 480 2 4 4 More Texas, W 11,516 551 3 1 1 More Arizona 10,353 532 4 3 3 More S Dakota 8,901 58 5 47 69 More Wyoming 8,854 38 6 67 80 More Texas, S 8,681 579 7 2 2 More W Virg, N 7,708 57 8 74 78 More D. C. 5,778 28 9 39 35 More Nebraska 5,429 80 10 26 27 More
Table 3: Top 10 districts (per ten million people)
The District of New Mexico—with 18848 convictions as compared with 2677 convictions per ten million population in the United States—was the most active during February 2008. The District of New Mexico was ranked 5 a year ago, while it was ranked 5 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 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 five years ago.
Recent entrants to the top 10 list were Nebraska , now ranked 10th , and Washington, D.C. (Washington) at 9th In the same order, these districts ranked 26th and 39th one year ago and 27th and 35th five years ago.
The federal judicial district which showed the greatest growth in the rate of convictions compared to one year ago— 73.6 percent—was Northern District of West Virginia (Wheeling). This was the same district that had the largest increase— 138.2 %—when compared with five years ago.
In the last year, the judicial District Court recording the largest drop in the rate of convictions— 36.9 percent—was Washington, D.C. (Washington). This was the same district that had the largest increase— 32.6 %—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 February 2008 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Kazen, George P. Texas, S 99 1 2 7 More Brack, Robert C. N Mexico 90 2 3 - More Crane, Randy Texas, S 90 2 9 13 More Bury, David C. Arizona 84 4 68 11 More Briones, David Texas, W 83 5 4 1 More Tagle, Hilda G. Texas, S 82 6 12 14 More Zapata, Frank R. Arizona 77 7 56 16 More Martinez, Philip Ray Texas, W 77 7 7 2 More Hanen, Andrew S. Texas, S 74 9 9 33 More Alvarez, Micaela Texas, S 66 10 1 - 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 George P. Kazen in the Southern District of Texas (Houston) ranked 1st with 99 convicted in convictions. Judge Kazen appeared in the top ten rankings one year (ranked 2) and five years ago (rank 7).
Judges Robert C. Brack in the District of New Mexico and Randy Crane in the Southern District of Texas (Houston) ranked 2nd with 90 convicted in convictions. Judge Brackalso appeared in the top ten rankings one year ago(ranked 3).Judge Cranealso appeared in the top ten rankings one year ago(ranked 9).
