Convictions for March 2016

Number Latest Month 13,404
Percent Change from previous month 30.3
Percent Change from 1 year ago -0.2
Percent Change from 5 years ago
(Including Magistrate Court)
-4.1
Percent Change from 5 years ago
(Excluding Magistrate Court)
-12.7
Table 1. Criminal Convictions

The latest available data from the Justice Department show that during March 2016 the government reported 13404 new convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 30.3 percent 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 2016 convictions of this type are compared with those of the same period in the previous year, the number of convictions was only slightly down (-0.2%). Convictions over the past year are still much lower than they were five years ago. Overall, the data show that convictions of this type are down 4.1 percent from levels reported in 2011.

Bar and line plot of FYMON

Figure 1. Monthly Trends in Convictions

The leveling out 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. 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 convictions of these matters in March 2016 was for "Immigration", accounting for 51.6 percent of convictions. Convictions were also filed for "Drugs-Drug Trafficking" (13.2%), "Weapons-Operation Triggerlock Major" (5.8%), "Drugs-Organized Crime Task Force" (5%), "Withheld by Govt from TRAC (FOIA challen" (4.1%), "Project Safe Childhood" (2.5%), "Other Criminal Prosecutions" (2.4%). See Figure 2.

The lead investigative agency for convictions in March 2016 was DHS accounting for 61 percent of convictions. Other agencies with substantial numbers of convictions were: FBI (9% ), DEA (9%), ATF (6%), Interior (3%). See Figure 3.

Pie chart of progcatlabel

Figure 2. Specific Types of Convictions
Pie chart of agenrevgrp

Figure 3. Convictions by Investigative Agency

Convictions in U.S. Magistrate Courts

Top Ranked Lead Charges

In March 2016, 5884 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 March 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 68.1 percent of all magistrate convictions in March.

Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (15.8%).

Convictions in U.S. District Courts

In March 2016, 7520 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during March there were an additional 0 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 March.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the convictions of matters filed in U.S. District Court during March 2016.

Lead Charge Count Rank 1yr ago 5yrs ago  
08 USC 1326 - Reentry of deported alien 1,516 1 1 1 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 1,155 2 2 2 More
21 USC 846 - Attempt and conspiracy 787 3 3 3 More
18 USC 922 - Firearms; Unlawful acts 684 4 4 4 More
08 USC 1324 - Bringing in and harboring certain aliens 231 5 5 5 More
18 USC 2252 - Material involving sexual exploitation of minors 168 6 6 6 More
18 USC 1343 - Fraud by wire, radio, or television 134 7 10 15 More
21 USC 952 - Importation of controlled substances 106 8 7 9 More
18 USC 2113 - Bank robbery and incidental crimes 98 9 11 7 More
18 USC 641 - Public money, property or records 96 10 8 14 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 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 convictions — up 17 percent — compared to one year ago was Title 18 U.S.C Section 922 that involves " Firearms; Unlawful acts ". Compared to five years ago, the largest increase — 45.2 percent — was registered for convictions 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 convictions compared to one year ago — down 3.9 percent — was " Attempt and conspiracy " (Title 21 U.S.C Section 846 ). Compared to five years ago, the most significant decline in convictions — 26.6 percent — was for convictions where the lead charge was " Bank robbery and incidental crimes " (Title 18 U.S.C Section 2113 ).

Top Ranked Judicial Districts

In March 2016 the Justice Department said the government obtained 2830.1 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 20,081 349 1 4 5 More
Texas, W 12,284 700 2 1 2 More
Cal, S 8,784 252 3 5 4 More
Arizona 8,664 486 4 3 3 More
Texas, S 8,455 654 5 2 1 More
Fla, S 8,444 502 6 6 6 More
S Dakota 7,595 54 7 46 47 More
Tenn, W 7,453 98 8 37 33 More
N Dakota 6,491 40 9 39 71 More
Montana 6,096 52 10 48 73 More
Table 3. Top 10 Districts (per ten million people)

  • The District of New Mexico — with 20081 convictions as compared with 2830.1 convictions per ten million population in the United States — was the most active during March 2016. The District of New Mexico was ranked 4 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 5 a year ago, while it was ranked 4 for most frequent use five years ago.

Recent entrants to the top 10 list were Western District of Tennessee (Memphis), now ranked 8th , and North Dakota at 9th In the same order, these districts ranked 37th and 39th one year ago and 33rd and 71st five years ago.

The federal judicial district which showed the greatest growth in the rate of convictions compared to one year ago — 32.9 percent — was Southern District of Florida (Miami). Compared to five years ago, the district with the largest growth — 81.2 percent — was New Mexico .

In the last year, the judicial District Court recording the largest drop in the rate of convictions — 17.1 percent — was Arizona .  But over the past five years, Southern District of California (San Diego) showed the largest drop — 32.2 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 resulting in convictions of this type during March 2016 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Moses, Alia Texas, W 226 1 2 7 More
Brack, Robert C. N Mexico 99 2 1 5 More
Soto, James Alan Arizona 86 3 19 - More
Gonzales, Kenneth John N Mexico 78 4 3 - More
Collins, Raner Christercunean Arizona 77 5 21 11 More
Carr, James G. N Mexico 69 6 1,050 - More
Hanen, Andrew S. Texas, S 67 7 4 16 More
Junell, Robert A. Texas, W 65 8 5 4 More
Jorgenson, Cindy K. Arizona 59 9 22 15 More
Yeakel, Earl Leroy, III Texas, W 57 10 74 27 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 convictions per capit.

  • Judge Alia Moses in the Western District of Texas (San Antonio) ranked 1st with 226 convicted in convictions. Judge Moses appeared in the top ten rankings one year (ranked 2) and five years ago (rank 7).

  • Judge Robert C. Brack in the District of New Mexico ranked 2nd with 99 convicted in convictions. Judge Brack appeared in the top ten rankings one year (ranked 1) and five years ago (rank 5).

  • Judge James Alan Soto in the District of Arizona ranked 3rd with 86 convicted in convictions.

Report Generated: May 3, 2016
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