Prosecutions for November 2016
The latest available data from the Justice Department show that during November 2016 the government reported 9964 new prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 5.9 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 2016 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-12.6%). 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 26 percent from levels reported in 2011.
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 2016 was for "Immigration", accounting for 52.1 percent of prosecutions. Prosecutions were also filed for "Drugs-Drug Trafficking" (11.7%), "Withheld by Govt from TRAC (FOIA challen" (9.5%), "Weapons-Operation Triggerlock Major" (4.9%), "Drugs-Organized Crime Task Force" (3.2%), "Assimilated Crimes" (2.9%), "Other Criminal Prosecutions" (2.7%), "Other-Regulatory Offenses" (2.1%). See Figure 2.
The lead investigative agency for prosecutions in November 2016 was DHS accounting for 60 percent of prosecutions referred. Other agencies with substantial numbers of referrals were: FBI (9% ), DEA (9%), ATF (6%), Interior (4%). See Figure 3.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In November 2016, 6148 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 37.5 percent of all magistrate filings in November.
Other frequently prosecuted lead charges include: "08 USC 1326 - Reentry of deported alien" (30.5%).
Prosecutions in U.S. District Courts
In November 2016, 3816 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during November there were an additional 1787 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 2016.
Lead Charge Count Rank 1yr ago 5yrs ago 08 USC 1326 - Reentry of deported alien 1,413 1 1 1 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 663 2 2 2 More 18 USC 922 - Firearms; Unlawful acts 460 3 4 4 More 21 USC 846 - Attempt and conspiracy 457 4 3 3 More 08 USC 1324 - Bringing in and harboring certain aliens 273 5 5 5 More 21 USC 952 - Importation of controlled substances 105 6 6 6 More 18 USC 2252 - Material involving sexual exploitation of minors 73 7 7 8 More 18 USC 371 - Conspiracy to commit offense or to defraud US 60 8 11 7 More 18 USC 2113 - Bank robbery and incidental crimes 60 8 10 11 More 18 USC 1343 - Fraud by wire, radio, or television 57 10 8 10 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 "Firearms; Unlawful acts" under Title 18 U.S.C Section 922. "Firearms; Unlawful acts" under Title 18 U.S.C Section 922 was ranked 4 a year ago, while it was ranked 4 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 20.8 percent — compared to one year ago was Title 8 U.S.C Section 1324 that involves " Bringing in and harboring certain aliens ". This was the same statute that had the largest increase — 22.6 % — 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 21 percent — was " Material involving sexual exploitation of minors " (Title 18 U.S.C Section 2252 ). Compared to five years ago, the most significant decline in prosecutions — 56.8 percent — was for filings where the lead charge was " Conspiracy to commit offense or to defraud US " (Title 18 U.S.C Section 371 ).
Top Ranked Judicial Districts
In November 2016 the Justice Department said the government brought 2091.9 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 18,186 316 1 3 5 More Texas, W 11,589 674 2 2 1 More S Dakota 9,525 67 3 36 46 More Cal, S 8,587 249 4 5 2 More Texas, S 8,001 632 5 1 4 More Arizona 6,186 352 6 4 3 More Miss, N 4,185 39 7 85 89 More Iowa, S 4,077 61 8 52 55 More Wyoming 3,890 19 9 76 73 More Montana 3,834 33 10 53 61 More Table 3. Top 10 Districts (per ten million people)
The District of New Mexico — with 18186 prosecutions as compared with 2091.9 prosecutions per ten million population in the United States — was the most active during November 2016. The District of New Mexico 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 2 a year ago, while it was ranked 1 for most frequent use five years ago.
District of South Dakota is now ranking 3rd.
Recent entrants to the top 10 list were South Dakota , now ranked 3rd , and Southern District of Iowa (Des Moines) at 8th In the same order, these districts ranked 36th and 52nd 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 — 23.4 percent — was Southern District of Iowa (Des Moines). Compared to five years ago, the district with the largest growth — 35 percent — was New Mexico .
In the last year, the judicial District Court recording the largest drop in the rate of prosecutions — 24.1 percent — was Montana . But over the past five years, Southern District of California (San Diego) showed the largest drop — 55.9 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 November 2016 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Moses, Alia M. Texas, W 187 1 1 1 More Brack, Robert C. N Mexico 115 2 2 36 More Junell, Robert A. Texas, W 109 3 6 2 More Hinojosa, Ricardo H. Texas, S 77 4 7 5 More Saldana, Diana Texas, S 69 5 12 29 More Gonzales, Kenneth John N Mexico 67 6 3 - More Cardone, Kathleen Texas, W 61 7 13 3 More Crane, Randy Texas, S 57 8 5 4 More Hanen, Andrew S. Texas, S 53 9 4 22 More Montalvo, Frank Texas, W 51 10 17 12 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 187 defendants in cases. Judge Moses appeared in the top ten rankings one year (ranked 1) and five years ago (rank 1).
Judge Robert C. Brack in the District of New Mexico ranked 2nd with 115 defendants in cases. Judge Brack also appeared in the top ten rankings one year ago (ranked 2).
Judge Robert A. Junell in the Western District of Texas (San Antonio) ranked 3rd with 109 defendants in cases. Judge Junell appeared in the top ten rankings one year (ranked 6) and five years ago (rank 2).
Report Generated: December 20, 2016
