Narcotics/Drugs Prosecutions for December 2023
The latest available data from the Justice Department show that during December 2023 the government reported 917 new narcotics/drugs prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 23.3 percent over the previous month.
The comparisons of the number of defendants charged with narcotics/drugs-related offenses 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 2023 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-13.9%). 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 33.1 percent from levels reported in 2018.
Figure 1. Monthly Trends in Narcotics/Drugs Prosecutions
The decrease from the levels five years ago in narcotics/drugs prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of narcotics/drugs 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.
Within the broad category of narcotics/drugs, cases were classified by prosecutors into more specific types.
Case types within narcotics/drugs are
Drug Trafficking
Simple Drug Possession
Organized Crime Drug Enforcement Task Force (OCDETF)
Major Project Triggerlock Prosecutions (OCDETF)
Other Triggerlock Prosecutions (OCDETF)
The largest number of prosecutions of these matters in December 2023 was for "Drugs-Drug Trafficking", accounting for 73.3 percent of prosecutions. Prosecutions were also filed for "Drugs-Organized Crime Task Force" (26.1%). See Figure 2.
The lead investigative agency for narcotics/drugs prosecutions in December 2023 was DEA accounting for 43 percent of prosecutions referred. Other agencies with substantial numbers of narcotics/drugs referrals were: FBI (23% ), DHS (19%), ATF (8%), Local (3%). See Figure 3.
Narcotics/Drugs Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In December 2023, 208 defendants in narcotics/drugs 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 December the most frequently cited lead charge was Title 21 U.S.C Section 841 involving "Drug Abuse Prevention & Control-Prohibited acts A". This was the lead charge for 55.8 percent of all magistrate filings in December.
Other frequently prosecuted lead charges include: "21 USC 952 - Importation of controlled substances" (25%), "21 USC 846 - Attempt and conspiracy" (13.5%).
Narcotics/Drugs Prosecutions in U.S. District Courts
In December 2023, 709 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during December there were an additional 277 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 December.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of narcotics/drugs matters filed in U.S. District Court during December 2023.
Lead Charge Count Rank 1yr ago 5yrs ago 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 582 1 1 1 More 21 USC 846 - Attempt and conspiracy 203 2 2 2 More 21 USC 952 - Importation of controlled substances 85 3 3 3 More 18 USC 922 - Firearms; Unlawful acts 20 5 5 4 More 46 USC 70506 - Penalties 11 6 6 8 More 46 USC 70503 - Possession control substance on vessel subject to jurisdiction of US 8 7 7 6 More 21 USC 963 - Attempt and conspiracy 7 8 8 7 More 18 USC 1959 - Violent crimes in aid of racketeering activity 4 9 - 15 More 21 USC 959 - Possession, manufacture, or distribution for purpo 4 9 10 25 More Table 2. Top Charges Filed
"Drug Abuse Prevention & Control-Prohibited acts A" (Title 21 U.S.C Section 841) was the most frequent recorded lead charge. "Drug Abuse Prevention & Control-Prohibited acts A" (Title 21 U.S.C Section 841) was ranked 1 a year ago, while it was ranked 1 five years ago.
Ranked 2nd in frequency was the lead charge "Attempt and conspiracy" under Title 21 U.S.C Section 846. "Attempt and conspiracy" under Title 21 U.S.C Section 846 was ranked 2 a year ago, while it was ranked 2 five years ago.
Ranked 3rd was "Importation of controlled substances" under Title 21 U.S.C Section 952. "Importation of controlled substances" under Title 21 U.S.C Section 952 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 64 percent — compared to one year ago was Title 46 U.S.C Section 70503 that involves " Possession control substance on vessel subject to jurisdiction of US ". Compared to five years ago, the largest increase — 66.7 percent — was registered for prosecutions under " Possession, manufacture, or distribution for purpo " (Title 21 U.S.C Section 959 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago — down 64.3 percent — was " Possession, manufacture, or distribution for purpo " (Title 21 U.S.C Section 959 ). Compared to five years ago, the most significant decline in prosecutions — 46.7 percent — was for filings where the lead charge was " Firearms; Unlawful acts " (Title 18 U.S.C Section 922 ).
Top Ranked Judicial Districts
In December 2023 the Justice Department's case-by-case records show that the government brought 355 narcotics/drugs prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of narcotics/drugs 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 narcotics/drugs prosecutions to receive a ranking.
Judicial District Percapita Count Rank 1yr ago 5yrs ago Alaska 3,587 21 1 82 72 More Cal, S 3,161 91 2 1 1 More N Mexico 1,647 29 3 29 25 More Ark, E 1,611 22 4 39 60 More Texas, W 1,476 96 5 2 2 More Ill, S 1,376 14 6 51 42 More Mo, E 1,277 31 7 16 13 More D. C. 1,072 6 8 69 85 More La, E 1,018 14 9 63 76 More W Virg, S 987 7 10 61 43 More Table 3. Top 10 Districts (per ten million people)
The District of Alaska — with 3587 prosecutions as compared with 355 prosecutions per ten million population in the United States — was the most active during December 2023.
The Southern District of California (San Diego) ranked 2nd. The Southern District of California (San Diego) was ranked 1 a year ago, while it was ranked 1 for most frequent use five years ago.
District of New Mexico is now ranking 3rd.
Recent entrants to the top 10 list were Eastern District of Missouri (St. Louis), now ranked 7th , and New Mexico at 3rd In the same order, these districts ranked 16th and 29th one year ago and 13th and 25th five years ago.
The federal judicial district which showed the greatest growth in the rate of narcotics/drugs prosecutions compared to one year ago — 233.3 percent — was Alaska . Compared to five years ago, the district with the largest growth — 83.3 percent — was Washington, D.C. (Washington).
In the last year, the judicial District Court recording the largest drop in the rate of narcotics/drugs prosecutions — 47.5 percent — was Southern District of Illinois (East St. Louis). This was the same district that had the largest increase — 61.3 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 narcotics/drugs crime cases of this type during December 2023 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago O'Connor, Reed Charles Texas, N 22 1 8 15 More Pitman, Robert Texas, W 21 2 20 171 More Miller, Brian Stacy Ark, E 18 3 130 - More Delgado Hernandez, Pedro Alberto Puer Rico 18 3 3 18 More Gleason, Sharon Louise Alaska 13 5 241 143 More Bencivengo, Cathy Ann Cal, S 13 5 2 8 More Counts, Walter David, III Texas, W 12 7 1 2 More Moskowitz, Barry Ted Cal, S 10 8 130 29 More Delgado-Colon, Aida M. Puer Rico 10 8 16 1 More Coogler, L. Scott Ala, M 9 10 - - More Table 4. Top Ten Judges
A total of 6 out of the "top ten" judges were in districts which were in the top ten with the largest number of narcotics/drugs filings per capita, while the remaining 4 judges were from other districts.
Judge Reed Charles O'Connor in the Northern District of Texas (Fort Worth) ranked 1st with 22 defendants in narcotics/drugs cases. Judge O'Connor also appeared in the top ten rankings one year ago (ranked 8).
Judge Robert Pitman in the Western District of Texas (San Antonio) ranked 2nd with 21 defendants in narcotics/drugs cases.
Judges Brian Stacy Miller in the Eastern District of Arkansas (Little Rock) and Pedro Alberto Delgado Hernandez in the District of Puerto Rico ranked 3rd with 18 defendants in narcotics/drugs cases. Judge Delgado Hernandez also appeared in the top ten rankings one year ago (ranked 3).
Report Generated: February 7, 2024
