Prosecutions for May 2013

Number Latest Month 15,433
Percent Change from previous month -4.6
Percent Change from 1 year ago 8.9
Percent Change from 5 years ago (Including Magistrate Court) 19.3
Percent Change from 5 years ago (Excluding Magistrate Court) -7.5
Table 1: Criminal Prosecutions

The latest available data from the Justice Department show that during May 2013 the government reported 15433 new prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 4.6% 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 2013 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (8.9 percent). Prosecutions over the past year are still much higher than they were five years ago. Overall, the data show that prosecutions of this type are up 19.3 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in prosecutions

The increase 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 May 2013 was for "Immigration", accounting for 57.8 percent of prosecutions. Prosecutions were also filed for "Drugs-Drug Trafficking" (9.3%), " Withheld by Govt from TRAC (FOIA challen" (8%), "Weapons-Operation Triggerlock Major" (4.1%), "Assimilated Crimes" (2.6%), "Other Criminal Prosecutions" (2.5%), "Drugs-Organized Crime Task Force" (2.4%). See Figure 2.

The lead investigative agency for prosecutions in May 2013 was DHS accounting for 64 percent of prosecutions referred. Other agencies with substantial numbers of referrals were: FBI (8% ), DEA (8%), ATF (5%), Defense (3%). See Figure 3.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions
Pie chart of agenrevgrp

Figure 3: Prosecutions by investigative agency

Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In May 2013, 9895 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 May 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 54.1 percent of all magistrate filings in May.

Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (21%).

Prosecutions in U.S. District Courts

In May 2013, 5538 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during May there were an additional 2226 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 May.

Top Ranked Lead Charges

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

Lead Charge Count Rank 1yr ago 5yrs ago  
08 USC 1326 - Reentry of deported alien 1,988 1 1 1 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 782 2 2 2 More
21 USC 846 - Attempt and conspiracy 631 3 3 3 More
18 USC 922 - Firearms; Unlawful acts 576 4 4 4 More
08 USC 1324 - Bringing in and harboring certain aliens 314 5 5 5 More
21 USC 952 - Importation of controlled substances 166 6 6 11 More
18 USC 2252 - Material involving sexual exploitation of minors 113 7 7 9 More
18 USC 1344 - Bank Fraud 101 8 13 12 More
18 USC 371 - Conspiracy to commit offense or to defraud US 97 9 8 10 More
18 USC 641 - Public money, property or records 90 10 12 15 More
18 USC 2113 - Bank robbery and incidental crimes 90 10 9 7 More
Table 2: Top charges filed

  • "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 prosecutions—up 37.6 percent—compared to one year ago was Title 18 U.S.C Section 641 that involves " Public money, property or records ". This was the same statute that had the largest increase—51.2 %—when compared with five years ago.

Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 17.5 percent—was Bank Fraud (Title 18 U.S.C Section 1344 ). Compared to five years ago, the most significant decline in prosecutions— 34.1 percent—was for filings where the lead charge was " Bank robbery and incidental crimes " (Title 18 U.S.C Section 2113 ).

Top Ranked Judicial Districts

In May 2013 the Justice Department said the government brought 3034.7 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  
N Mexico 25,676 430 1 5 5 More
Cal, S 18,704 502 2 4 3 More
Texas, W 12,839 656 3 1 1 More
Texas, S 11,956 838 4 3 2 More
S Dakota 10,488 71 5 39 42 More
Wyoming 8,819 40 6 80 56 More
Nebraska 8,483 127 7 36 26 More
D. C. 7,804 39 8 58 74 More
Arizona 6,368 350 9 2 4 More
W Virg, S 5,716 44 10 68 72 More
Table 3: Top 10 districts (per ten million people)

  • The District of New Mexico—with 25676 prosecutions as compared with 3034.7 prosecutions per ten million population in the United States—was the most active during May 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 3 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 Nebraska , now ranked 7th , and South Dakota at 5th In the same order, these districts ranked 36th and 39th one year ago and 26th and 42nd five years ago.

The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago— 42 percent—was New Mexico . This was the same district that had the largest increase— 52.7 percent—when compared with five years ago.

In the last year, the judicial District Court recording the largest drop in the rate of prosecutions— 45.9 percent—was Arizona .  But over the past five years, Wyoming showed the largest drop— 13 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 May 2013 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Brack, Robert C. N Mexico 249 1 2 2 More
Hinojosa, Ricardo H. Texas, S 92 2 5 9 More
Junell, Robert A. Texas, W 89 3 3 11 More
Alvarez, Micaela Texas, S 80 4 9 3 More
Kazen, George P. Texas, S 77 5 38 4 More
Hanen, Andrew S. Texas, S 72 6 15 12 More
Montalvo, Frank Texas, W 70 7 6 6 More
Martinez, Philip Ray Texas, W 67 8 11 7 More
Moses, Alia Texas, W 67 8 1 - More
Ramos, Nelva Gonzales Texas, S 66 10 13 - 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 filings per capita.

  • Judge Robert C. Brack in the District of New Mexico ranked 1st with 249 defendants in cases. Judge Brack appeared in the top ten rankings one year (ranked 2) and five years ago (rank 2).

  • Judge Ricardo H. Hinojosa in the Southern District of Texas (Houston) ranked 2nd with 92 defendants in cases. Judge Hinojosa appeared in the top ten rankings one year (ranked 5) and five years ago (rank 9).

  • Judge Robert A. Junell in the Western District of Texas (San Antonio) ranked 3rd with 89 defendants in cases. Judge Junellalso appeared in the top ten rankings one year ago(ranked 3).

Report Generated: July 22, 2013
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