Prosecutions for September 2024
The latest available data from the Justice Department show that during September 2024 the government reported 7046 new prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 1.8 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 2024 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (14.4%). 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 52.5 percent from levels reported in 2019.
The dip 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 decrease in prosecutions is 32.2 percent instead of 52.5 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.
Figure 1. Monthly Trends in Prosecutions
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 September 2024 was for "Immigration", accounting for 41.4 percent of prosecutions. Prosecutions were also filed for "Withheld by Govt from TRAC (FOIA challen" (13.8%), "Drugs-Drug Trafficking" (10.9%), "Weapons-Operation Triggerlock Major" (9.3%), "Other Criminal Prosecutions" (3.1%), "Project Safe Childhood" (2.9%), "Drugs-Organized Crime Task Force" (2.7%), "Assimilated Crimes" (2.2%). See Figure 2.
The lead investigative agency for prosecutions in September 2024 was DHS accounting for 49 percent of prosecutions referred. Other agencies with substantial numbers of referrals were: FBI (16% ), ATF (10%), DEA (9%), Defense (3%). See Figure 3.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2024, 3552 defendants 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 September the most frequently cited lead charge was Title 8 U.S.C Section 1326 involving "Reentry of deported alien". This was the lead charge for 47.3 percent of all magistrate filings in September.
Other frequently prosecuted lead charges include: "08 USC 1324 - Bringing in and harboring certain aliens" (11.5%), "08 USC 1325 - Entry of alien at improper time or place; etc." (9.8%).
Prosecutions in U.S. District Courts
In September 2024, 3494 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September there were an additional 2637 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 September.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during September 2024.
Lead Charge Count Rank 1yr ago 5yrs ago 08 USC 1326 - Reentry of deported alien 1,946 1 1 1 More 18 USC 922 - Firearms; Unlawful acts 582 2 3 3 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 573 3 2 2 More 08 USC 1324 - Bringing in and harboring certain aliens 429 4 4 5 More 21 USC 846 - Attempt and conspiracy 303 5 5 4 More 18 USC 1343 - Fraud by wire, radio, or television 112 6 6 8 More 18 USC 2252 - Material involving sexual exploitation of minors 76 8 9 10 More 18 USC 641 - Public money, property or records 71 9 18 14 More 18 USC 2250 - Fail to register as sex offender after traveling interstate commerce 62 10 10 15 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 "Firearms; Unlawful acts" under Title 18 U.S.C Section 922. "Firearms; Unlawful acts" under Title 18 U.S.C Section 922 was ranked 3 a year ago, while it was ranked 3 five years ago.
Ranked 3rd was "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.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 58.1 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 — 42.9 percent — was registered for prosecutions under " Fail to register as sex offender after traveling interstate commerce " (Title 18 U.S.C Section 2250 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago — down 5.3 percent — was " Drug Abuse Prevention & Control-Prohibited acts A " (Title 21 U.S.C Section 841 ). Compared to five years ago, the most significant decline in prosecutions — 38.2 percent — was for filings where the lead charge was " Attempt and conspiracy " (Title 21 U.S.C Section 846 ).
Top Ranked Judicial Districts
In September 2024 the Justice Department's case-by-case records show that the government brought 2207.5 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 Arizona 14,496 889 1 3 5 More Texas, W 13,683 890 2 1 2 More Cal, S 10,073 290 3 4 3 More D. C. 9,646 54 4 20 50 More Texas, S 7,280 619 5 2 1 More N Mexico 6,984 123 6 5 4 More S Dakota 6,426 48 7 25 47 More Alaska 5,466 32 8 75 88 More Okla, W 5,390 98 9 23 52 More Montana 5,130 48 10 40 59 More Table 3. Top 10 Districts (per ten million people)
The District of Arizona — with 14496 prosecutions as compared with 2207.5 prosecutions per ten million population in the United States — was the most active during September 2024. The District of Arizona was ranked 3 a year ago, while it was ranked 5 for most frequent use five years ago.
The Western District of Texas (San Antonio) ranked 2nd. 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.
Southern District of California (San Diego) is now ranking 3rd. 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.
Recent entrants to the top 10 list were Washington, D.C. (Washington), now ranked 4th , and Western District of Oklahoma (Oklahoma City) at 9th In the same order, these districts ranked 20th and 23rd one year ago and 50th and 52nd five years ago.
The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago — 181.7 percent — was Arizona . This was the same district that had the largest increase — 154.8 percent — when compared with five years ago.
In the last year, the judicial District Court recording the largest drop in the rate of prosecutions — 14.5 percent — was South Dakota . But over the past five years, New Mexico showed the largest drop — 61.4 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 September 2024 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Moses, Alia M. Texas, W 173 1 1 1 More Cardone, Kathleen Texas, W 103 2 2 8 More Crane, Randy Texas, S 98 3 6 11 More Schydlower, Leon Texas, W 97 4 721 957 More Rateau, Jacqueline M. Arizona 90 5 427 56 More Markovich, Eric J. Arizona 87 6 496 74 More Madonald, Bruce Gordon Arizona 80 7 496 84 More Saldana, Diana Texas, S 75 8 3 5 More Garcia Marmolejo, Marina Texas, S 56 9 4 4 More Kimmins, Lynnette C. Arizona 52 10 450 61 More Table 4. Top Ten Judges
All 10 of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capit.
Judge Alia M. Moses in the Western District of Texas (San Antonio) ranked 1st with 173 defendants in cases. Judge Moses appeared in the top ten rankings one year (ranked 1) and five years ago (rank 1).
Judge Kathleen Cardone in the Western District of Texas (San Antonio) ranked 2nd with 103 defendants in cases. Judge Cardone appeared in the top ten rankings one year (ranked 2) and five years ago (rank 8).
Judge Randy Crane in the Southern District of Texas (Houston) ranked 3rd with 98 defendants in cases. Judge Crane also appeared in the top ten rankings one year ago (ranked 6).
Report Generated: November 1, 2024
