Prosecutions for November 2015
The latest available data from the Justice Department show that during November 2015 the government reported 9766 new prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 10.8 percent 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 2015 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-11.2%). Prosecutions over the past year are still much lower than they were five years ago. Overall, the data show that prosecutions of this type are down 15.3 percent from levels reported in 2010.
The decrease 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 November 2015 was for "Immigration", accounting for 49.8 percent of prosecutions. Prosecutions were also filed for "Drugs-Drug Trafficking" (13.3%), " Withheld by Govt from TRAC (FOIA challen" (9.2%), "Weapons-Operation Triggerlock Major" (4.7%), "Assimilated Crimes" (3.7%), "Other Criminal Prosecutions" (2.6%), "Drugs-Organized Crime Task Force" (2.4%), "Project Safe Childhood" (2%). See Figure 2.
The lead investigative agency for prosecutions in November 2015 was DHS accounting for 58 percent of prosecutions referred. Other agencies with substantial numbers of referrals were: FBI (10% ), DEA (9%), ATF (5%), Defense (4%). See Figure 3.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In November 2015, 6068 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 November 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 42.3 percent of all magistrate filings in November.
Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (23%), "21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A" (5.4%).
Prosecutions in U.S. District Courts
In November 2015, 3698 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during November there were an additional 1691 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 November.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during November 2015.
Lead Charge Count Rank 1yr ago 5yrs ago 08 USC 1326 - Reentry of deported alien 1,282 1 1 1 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 673 2 2 2 More 21 USC 846 - Attempt and conspiracy 453 3 3 3 More 18 USC 922 - Firearms; Unlawful acts 410 4 4 4 More 08 USC 1324 - Bringing in and harboring certain aliens 227 5 5 5 More 18 USC 1343 - Fraud by wire, radio, or television 102 6 9 15 More 21 USC 952 - Importation of controlled substances 86 7 7 6 More 18 USC 2252 - Material involving sexual exploitation of minors 80 8 6 8 More 18 USC 2113 - Bank robbery and incidental crimes 63 9 11 11 More 18 USC 641 - Public money, property or records 54 10 8 14 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 12 percent — compared to one year ago was Title 21 U.S.C Section 841 that involves " Drug Abuse Prevention & Control-Prohibited acts A ". Compared to five years ago, the largest increase — 16.7 percent — was registered for prosecutions 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 prosecutions compared to one year ago — down 22.3 percent — was " Public money, property or records " (Title 18 U.S.C Section 641 ). Compared to five years ago, the most significant decline in prosecutions — 32.3 percent — was for filings where the lead charge was " Attempt and conspiracy " (Title 21 U.S.C Section 846 ).
Top Ranked Judicial Districts
In November 2015 the Justice Department said the government brought 2028.1 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 23,188 403 1 4 5 More Cal, S 9,063 260 2 3 4 More Texas, W 8,581 489 3 1 2 More Texas, S 7,098 549 4 2 1 More Wyoming 5,957 29 5 54 43 More Arizona 5,651 317 6 5 3 More Ala, S 5,425 38 7 55 52 More D. C. 4,735 26 8 84 57 More Ark, E 4,611 63 9 38 46 More S Dakota 4,501 32 10 46 55 More Table 3. Top 10 Districts (per ten million people)
The District of New Mexico — with 23188 prosecutions as compared with 2028.1 prosecutions per ten million population in the United States — was the most active during November 2015. The District of New Mexico was ranked 4 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 3 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 2 for most frequent use five years ago.
Recent entrants to the top 10 list were Eastern District of Arkansas (Little Rock), now ranked 9th , and South Dakota at 10th In the same order, these districts ranked 38th and 46th one year ago and 46th and 55th five years ago.
The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago — 34.6 percent — was Washington, D.C. (Washington). Compared to five years ago, the district with the largest growth — 34.8 percent — was New Mexico .
In the last year, the judicial District Court recording the largest drop in the rate of prosecutions — 33.2 percent — was Wyoming . This was the same district that had the largest increase — 53 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 of this type during November 2015 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Moses, Alia Texas, W 158 1 1 31 More Brack, Robert C. N Mexico 146 2 2 2 More Gonzales, Kenneth John N Mexico 127 3 3 - More Junell, Robert A. Texas, W 89 4 5 5 More Crane, Randy Texas, S 66 5 6 6 More Boyle, Jane J. Texas, N 63 6 60 371 More Hanen, Andrew S. Texas, S 54 7 4 15 More Curiel, Gonzalo Paul Cal, S 53 8 30 - More Hinojosa, Ricardo H. Texas, S 53 8 7 7 More Alvarez, Micaela Texas, S 53 8 8 3 More Table 4. Top Ten Judges
A total of 9 out of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capita, while the remaining 1 judges were from other districts.
Judge Alia Moses in the Western District of Texas (San Antonio) ranked 1st with 158 defendants in cases. Judge Moses also appeared in the top ten rankings one year ago (ranked 1).
Judge Robert C. Brack in the District of New Mexico ranked 2nd with 146 defendants in cases. Judge Brack appeared in the top ten rankings one year (ranked 2) and five years ago (rank 2).
Judge Kenneth John Gonzales in the District of New Mexico ranked 3rd with 127 defendants in cases. Judge Gonzales also appeared in the top ten rankings one year ago (ranked 3).
Report Generated: January 20, 2016
