U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Compendium of Federal Justice Statistics, 2004 December 2006, NCJ 213476 ------------------------------------------------------ This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/cfjs04.htm ------------------------------------------------------ Jeffrey L. Sedgwick Director, BJS This Bureau of Justice Statistics Report was prepared by the Urban Institute under the supervision of Steven K. Smith and Mark Motivans of the Bureau of Justice Statistics(BJS). This report was prepared under BJS grant number 05-BJ-CX-K004. Principal staff at the Urban Institute were Laura Winterfield, William Adams, Avi Bhati, Kamala Mallik Kane, Christine Arriola, and Yan Yuan. Layout and design were by David Williams. Tracey Kyckelhahn of BJS provided statistical review. Carolyn C. Williams and Joanna Bradford of BJS provided editorial review. This report is made possible through the cooperation of the following Federal agencies and their staffs: The United States Marshals Service (USMS), the Drug Enforcement Administration (DEA), the Administrative Office of the United States Courts (AOUSC), and the Executive Office for U.S. Attorneys (EOUSA). The staff who provided expert advice about the source records include: Joe Briggs (USMS); Steven Schlesinger and Catherine Whitaker (AOUSC); and Barbara Tone, Siobhan Sperin, and Sharon Newman (EOUSA). The contents of this document do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. BJS authorizes any person to reproduce, publish, translate, or otherwise use all or any part of the material in this publication; citation to source, however, is appreciated. An electronic version of this report and the data underlying graphics are available on the BJS World Wide Web Internet site: . The BJS-sponsored Federal Justice Statistics Resource Center (FJSRC) Internet Home Page (available at ) provides online access to the Federal Justice database. Users may download data from the Federal Justice database for independent analysis or use the online query system to quickly obtain customized statistics. Contents Highlights, Arrest Prosecution Pretrial release Adjudication Sentencing Appeals Corrections Introduction, Organization of the Compendium Modifications in the 2004 Compendium Notes to reader System overview, Chapter 1. Arrests for Federal offenses, Number arrested and booked by offense categories Number arrested and booked by law enforcement agencies Suspects arrested and booked across demographic groups Arrests reported by DEA agents Fugitive investigations Tables, Chapter notes, Chapter 2. Prosecution, U.S. attorneys' decisions Suspects in matters received Disposition of suspects in matters concluded Tables, Chapter notes, Chapter 3. Pretrial release, Types of pretrial release Factors relating to release or detention Outcomes for pretrial cases commenced Outcomes for pretrial cases terminated Pretrial outcomes across demographic groups Length of pretrial detention Tables, Chapter notes, Chapter 4. Adjudication, Defendants in criminal cases commenced Defendants in criminal cases terminated Case processing times Convictions by U.S. magistrates Tables, Chapter notes, Chapter 5. Sentencing, Offenders convicted and sentences imposed Average prison sentences imposed Relationship between sentence imposed and mode of conviction Tables, Chapter notes, Chapter 6. Appeals, Appeals filed Appeals terminated Tables, Chapter notes, Chapter 7. Corrections, Federal offenders under supervision Outcomes of offenders terminating supervision Characteristics of offenders terminating supervision Tables, Chapter notes, Methodology, The Federal justice database Table construction and interpretation Offense classifications Source agencies for Compendium data tables Glossary, Tables Chapter 1. Arrests for Federal offenses, October 1, 2003 - September 30, 2004 Suspects arrested for Federal offenses and booked by USMS, by offense Suspects arrested for Federal offenses and booked by USMS, by Federal law enforcement agency Characteristics of Federal arrestees booked by USMS Characteristics of suspects arrested by Drug Enforcement Administration agents, by type of drug Characteristics of suspects arrested by Drug Enforcement Administration agents, by weapons involved at time of arrest Warrants initiated, by warrant type Warrants cleared, by warrant type Time from warrant inititation to clearance, by warrant characteristics Time from warrant initiation to clearance, by warrant type Chapter 2. Prosecution, October 1, 2003 - September 30, 2004 Suspects in matters received by U.S. attorneys, by offense Disposition of suspects in matters concluded, by offense Suspects in matters concluded and declined, by investigating agency Basis for declination of prosecution by U.S. attorneys Disposition of matters declined for prosecution by U.S. attorneys, by offense Mean and median processing times from receipt to filing or declination, by offense Chapter 3. Pretrial release, October 1, 2003 - September 30, 2004 Outcomes of initial hearing and detention hearing for cases commenced, by offense Type of pretrial release for cases terminated, by offense Type of pretrial release for cases terminated, by defendant characteristics Form of pretrial detention for cases terminated, by offense Form of pretrial detention for cases terminated, by defendant characteristics Pretrial detention hearing outcomes for cases terminated, by offense Pretrial detention hearing outcomes for cases terminated, by defendant characteristics Behavior of defendants released prior to trial for cases terminated, by offense Behavior of defendants released prior to trial for cases terminated, by type of release Behavior of defendants released prior to trial for cases terminated, by defendant characteristics Length of pretrial detention for cases terminated, by form of release or detention, and most serious offense charged Chapter 4. Adjudication, October 1, 2003 - September 30, 2004 Defendants in criminal cases commenced, by offense Disposition of criminal cases terminated, by offense Time from filing to disposition of criminal cases terminated Dispositions by U.S. magistrates Chapter 5. Sentencing, October 1, 2003 - September 30, 2004 Sentence types for offenders sentenced in criminal cases terminated, by offense Type and length of sentences imposed for sentenced offenders, by offense Sentences imposed on convicted offenders, by offense of conviction and method of disposition Chapter 6. Appeals, October 1, 2003 - September 30, 2004 Criminal appeals filed, by type of criminal case and offense Criminal appeals filed and criminal appeals terminated, by offense Criminal appeals terminated, by type of criminal case and offense Disposition of criminal appeals terminated, by offense Criminal appeals cases terminated on the merits, by offense Chapter 7. Corrections, October 1, 2003 - September 30, 2004 Federal offenders under supervision, by offense Characteristics of Federal offenders under supervision, by offense Outcomes of probation supervision, by offense Characteristics of offenders terminating probation supervision Outcomes of supervised release, by offense Characteristics of offenders terminating supervised release Outcomes of parole, by offense Characteristics of offenders terminating parole Highlights, October 1, 2003 - September 30, 2004 Figure H.1. Average length of sentences imposed, by offense Figures System overview, October 1, 2003 - September 30, 2004 Figure System overview, Federal criminal case processing Figure Federal criminal case processing outcomes Chapter 1. Arrests for Federal offenses, October 1, 2003 - September 30, 2004 Figure Type of drug involved in drug arrests, by race of arrestee Figure Type of immigration arrests Figure Type of drug violation Figure Suspects arrested by the DEA, by State where arrested Figure 1.5. Time from warrant initiation to closing, by warrant type Chapter 2. Prosecution, October 1, 2003 - September 30, 2004 Figure Suspects in matters concluded: Percentage of suspects prosecuted in U.S. district court, by most serious offense investigated Figure Suspects in matters referred by Federal judicial district Chapter 3. Pretrial release, October 1, 2003 - September 30, 2004 Figure Percent of defendants released prior to case disposition, by offense category Figure Detention hearings held, by offense category Figure Pretrial release rates, by defendant characteristics Figure Pretrial release violation and revocation rates, for cases terminated Chapter 4. Adjudication, October 1, 2003 - September 30, 2004 Figure Disposition of cases terminated Figure Average time from filing to disposition of cases terminated, by offense Chapter 5. Sentencing, October 1, 2003 - September 30, 2004 Figure Rates of incarceration and probation for offenders convicted and sentenced in cases that terminated Figure Incarceration and probation sentence lengths (in months) of offenders convicted and sentenced in cases that terminated Figure Average prison sentences imposed on defendants convicted at trial or by guilty plea Chapter 6. Appeals, October 1, 2003 - September 30, 2004 Figure Types of criminal appeal cases filed Figure Appeal cases filed, by type of offense Figure Disposition of criminal appeals terminated Chapter 7. Corrections, October 1, 2003 - September 30, 2004 Figure Violation rates of offenders terminating probation, supervised release, or parole, by type of violation Figure Violation rates of offenders completing probation, supervised release, or parole, by category of offense Figure Rates of violation of conditions of supervision, by level of education ---------------------------------------- Highlights The number of suspects investigated by U.S. attorneys increased between 2003 and 2004, from 130,078 to 141,242. About three-quarters of those for which the investigation was concluded were prosecuted — either before a U.S. district court judge (58%) or before a U.S. magistrate (20%) — and 22% of those investigated were not prosecuted by U.S. attorneys. The number of defendants prosecuted in Federal courts increased by 23% between 2003 and 2004, from 94,916 to 116,363. The number of offenders under post-conviction supervision increased 29% between 1990 and 2004. At the end of fiscal year 2004, the number of offenders on post-conviction community supervision was 109,712 compared to 84,801 during 1990. Over 73% of those under post-conviction community supervision were on post-incarceration supervised release (77,332) or parole (3,098). Arrest During 2004, Federal law enforcement agencies arrested 140,755 suspects for violations of Federal law. The U.S. Marshals Service arrested and booked 29% of those for immigration offenses, 25% for drug offenses, 17% for supervision violations, 12% for property offenses, 6-7% each for public-order and weapon offenses, and 3-4% each for violent offenses and to secure and safeguard a material witness. Several Federal agencies were moved to the new Department of Homeland Security in 2003, including the Immigration and Naturalization Service, the Coast Guard, the Customs Service, and the Secret Service. During 2004 the agencies that comprise Homeland Security were responsible for about 37% of arrests and bookings. Within the Department of Justice, the U.S. Marshals Service made 28% of the arrests, the Drug Enforcement Administration 9%, and the Federal Bureau of Investigation 7%. Prosecution During 2004 U.S. attorneys initiated criminal investigations involving 141,212 suspects, and they concluded their investigations of 148,229 suspects. Twenty-seven percent of the suspects were investigated for drug, 26% for immigration, 18% for property, 15% for public-order, 10% for weapon, and 4% for violent offenses. Of the suspects in criminal matters concluded, U.S. attorneys prosecuted 86,482 in U.S. district courts and 29,881 were disposed of before U.S. magistrates. During 2004 U.S. attorneys declined 22% of matters concluded. Suspects in criminal matters involving drug and weapon offenses were more likely to be prosecuted in a U.S. district court (75% and 70%, respectively) than were suspects involved in violent (59%), property (53%), immigration (51%), or public-order offenses (38%). Suspects involved in property offenses (such as fraud) or public-order offenses were more likely to be declined for prosecution (about 40%) than were suspects investigated for violent offenses (32%), weapon (26%), drug (15%), or immigration (1%) offenses. Pretrial release Of 83,364 pretrial cases commenced in 2004, 33% of defendants were released after either an initial or detention hearing, while 67% were detained, and less than 1% were dismissed. During 2004, 40% of the 78,219 defendants who terminated pretrial services were released at some time prior to their criminal trial. Defendants charged with property offenses or public-order offenses were more likely to be released prior to trial (70% and 63%, respectively) than were defendants charged with weapon (32%), drug (29%), violent (27%), or immigration (5%) offenses. The proportion of defendants released prior to trial decreased from 62% during 1990 to 40% during 2004. Defendants having a prior criminal history of serious or violent crimes were less likely to be released than those without a prior criminal history; defendants with a greater number of prior convictions were less likely to be released than those with fewer prior convictions. About 21% of the defendants with a prior violent felony conviction were released before trial, while 60% of defendants with no prior convictions were released. Forty percent of defendants with one prior conviction were released, as compared to 31% of defendants having two to four prior convictions and about 24% of defendants having five or more prior convictions. Eighty percent of defendants released prior to trial completed their periods of release without violating the conditions of their release. Twenty percent of defendants released violated the conditions of their release, and 8% of defendants had their release revoked. Defendants charged with weapon or drug offenses were more likely to commit at least one violation of their conditions of release(34% and 29%, respectively), while defendants charged with weapon, violent, or drug offenses were more likely to have their release revoked (16% for weapon offenses and 11% each for violent or drug offenses) than were other defendants. Defendants released during 2004 were more likely to violate the conditions of their pretrial release than those released during 1990 (20% compared to 12%). Adjudication During 2004, 92,645 defendants were charged in Federal courts with a criminal offense, 88% of whom were charged with felonies. Of the defendants charged with felonies, 37% were prosecuted for drug, 22% for immigration, 18% for property, 13% for weapon, 6% for public-order, and 4% for violent offenses. The number of defendants charged with a felony immigration offense increased by 11% between 2003 and 2004, from 15,997 to 17,687. Criminal cases were concluded against 83,391 defendants during 2004, 87% of whom had been charged with felonies. The proportion of defendants convicted in the Federal courts increased from 81% during 1990 to 90% during 2004. The proportion of convicted defendants who pleaded guilty increased from 87% during 1990 to 96% during 2004. About 92% of defendants charged with felonies were convicted. The conviction rate was similar for the major offense categories: 96% of defendants charged with immigration offenses, 92% of drug defendants, 91% of property and violent defendants, 90% of weapon defendants, and 87% of public-order defendants. Sentencing Defendants convicted during 2004 were more likely to be sentenced to prison than those convicted during 1990. During 2004 about 78% of defendants were sentenced to prison compared to 60% of those sentenced during 1990. Ninety-three percent of felony violent offenders received prison terms, as did 94% of felony weapon and drug offenders, 90% of felony immigration offenders, 70% of felony public-order offenders, and 60% of felony property offenders. The 58,106 offenders sentenced to prison received, on average, 59.7 months of imprisonment. Offenders sentenced for felony violent offenses, felony weapon offenses, and felony drug offenses received longer average prison terms (96.2, 84.3, and 83.6 months, respectively) than those convicted of felony property, immigration, or public-order offenses (27.4, 26.9, and 43.6 months, respectively). While the proportion of defendants sentenced to prison is at an all-time high, average prison sentences have declined from the peak attained during 1992. During 1992 the average prison term imposed was 62.6 months; for drug felony offenders, the average term was 84.1 months. Violent felony offenders, however, received a longer sentence in 2004(96.2 months compared to 94.8 months in 1992). Appeals Between 1994 and 2004, the number of appeals received by the U.S. Courts of Appeals remained relatively stable — between about 9,000 and 12,000 annually. However, the proportion of criminal defendants appealing some aspect of their conviction decreased from 21% during 1994 to 12% during 2004. During 2003, 12,517 criminal appeals were filed. Eighty- seven percent of all appeals filed were appeals of convictions for offenses sentenced under the sentencing guidelines. Sixty percent of the guideline-based appeals filed challenged both the conviction and sentence imposed. Of the 11,076 appeals terminated during 2004, 73%(or 8,135)were terminated on the merits. In 83% of the appeals terminated on the merits, the district court ruling was affirmed, at least in part. Corrections Community supervision Between 1990 and 2004, the number of offenders on community supervision increased by 29%, from 84,801 during 1990 to 109,712 during 2004. While nearly equal proportions of offenders were serving terms of probation and post- incarceration supervision (parole or supervised release) during 1990, during 2004 over 73% were serving a term of post-incarceration supervision (70% supervised release and 3% parole) while 27% were on probation. Drug offenders comprised 12% of offenders on probation, 54% of offenders serving terms of supervised release, and 40% of offenders on parole. Property offenders comprised 38% of offenders on probation, 22% of offenders serving terms of supervised release, and 8% of offenders on parole. A total of 15,721 offenders terminated probation during 2004. Most of these offenders (82%) completed their terms of probation successfully. Eleven percent of probationers terminating supervision during 2004 committed technical violations; 5% committed new crimes. A total of 32,930 offenders completed terms of supervised release during 2004. Of these offenders, 62% successfully completed their terms without violating conditions of release; 22% committed technical violations; and 14% committed new crimes. A total of 1,391 offenders completed terms of parole during 2004. Of these offenders, 49% successfully completed their terms without violating conditions of release; 27% committed technical violations; and 17% committed new crimes. ---------------------------------------------------- Introduction This Bureau of Justice Statistics (BJS) report presents an overview of case processing in the Federal criminal justice system. The data presented are compiled from the BJS Federal Justice Statistics Program (FJSP) database. The FJSP database includes data provided by the U.S. Marshals Service, Drug Enforcement Administration, Administrative Office of the U.S. Courts, Executive Office for the U.S. Attorneys, Federal Bureau of Prisons, and U.S. Sentencing Commission. The Administrative Office of the U.S. Courts, in addition to providing data describing defendants in criminal cases processed by the Federal judiciary, provides data describing defendants processed by the Federal pretrial services agencies and the Federal probation and supervision service. The data can be downloaded from the Federal Justice Statistics Resource Center at . Each agency reports on cases processed during a given year in an annual statistical report. These reports are often incomparable across agencies due to the varying methods the agencies use to report case processing activities. As reported by an interagency working group, headed by BJS, the differences in the case processing statistics are attributable, in part, to the differing needs and missions of the agencies. The working group found the following differences in reported statistics: * the universe of cases reported during a given period — some agencies report on those case processing events that occurred during a particular period, whereas others report on those events recorded during a particular period; and * many of the commonly used case processing statistics — suspect/defendant processed, offense committed, disposition, and sentence imposed — are defined differently across agencies. BJS, through its FJSP, has recognized the incomparability of these annual statistical reports and has attempted to reconcile many of the differences identified by the working group. For instance, by combining databases from several years, BJS is able to report on those cases that actually occurred during the reporting period. Commonly used case processing statistics are made comparable across stages by applying uniform definitions to data obtained from each agency. Because definitions in the FJSP are consistent with those categories in BJS programs describing State defendants convicted, sentenced, or imprisoned, the comparison of Federal and State case processing statistics is facilitated. The 2004 Compendium, 19th in a series which includes 1984, 1985, 1986, 1988, 1989, 1990, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003 describes defendants processed at each stage of the Federal justice system — arrest by Federal law enforcement agencies (chapter 1), investigation and prosecution by the U.S. attorneys (chapter 2), pretrial release or detention (chapter 3), adjudication in the U.S. district courts (chapter 4), sentencing (chapter 5), appeal of the conviction and/or sentence imposed (chapter 6), and corrections (chapter 7) — for the 12-month period ending September 30, 2004 (the Federal fiscal year). Prior to 1994, the Compendium was reported on a calendar-year basis. The tables presented report events that occurred during the Federal fiscal year — October 1, 2003 - September 30, 2004. Generally, the tables include both individual and organiza- tional defendants. Organizational defendants are not included in tables showing defendants sentenced to incarceration, or tables describing offenders under post- conviction community supervision. Juvenile offenders charged as adults are included in the reported statistics. Felony and misdemeanor distinctions are provided where possible (see "Offense classifications" in Methodology). Organization of the Compendium Each chapter of the Compendium describes a major stage in the processing of criminal suspects and defendants. Each chapter contains Chapter notes that describe the universes of data used in the tables and information relevant to the interpretation of individual tables. The Compendium contains the following: Chapter 1 describes arrests made by Federal law enforcement agencies for violations of Federal law, including the characteristics of arrestees; warrants initiated and cleared by the U.S. Marshals Service are also reported. Chapter 2 describes decisions made by Federal prosecutors in screening criminal matters and the characteristics of defendants in cases prosecuted or declined for prosecution. Chapter 3 describes the pretrial release and detention practices of the Federal judiciary, including the characteristics of defendants detained or released pending trial. Chapter 4 describes actions by the Federal judiciary in adjudicating defendants in cases filed by the U.S. attorneys. Chapter 5 describes the sentences imposed by the Federal judiciary on convicted defendants. Chapter 6 describes appeals of criminal convictions and sentences imposed in the Federal courts, including the original offense charged. Chapter 7 describes defendants under Federal correctional supervision — probation, parole, and supervised release— including the outcome of the supervision (successful completion or violations). The Methodology section describes the procedures followed in analyzing data and developing tables. The Glossary contains definitions for terms used in the Compendium. Since many terms used in the text and tables have specialized meanings (either because they refer to Federal law or because of reporting procedures by the Federal agencies supplying the data), readers are encouraged to check the glossary for exact definitions of tabulated data. Modifications in the 2004 Compendium The 2004 Compendium does not contain text or tables describing the demographic characteristics of convicted offenders in chapters 4 and 5, as it has historically. Nor does it contain any text or tables describing Federal prisoners in chapter 7, as is usually the case. The reason for these exclusions is that BJS did not receive 2004 data from the United States Sentencing Commission nor from the Federal Bureau of Prisons, respectively. Notes to reader The tables in the Compendium were constructed to permit valid comparisons within each table and to allow the reader to compare percentages (but not raw totals) across tables. It should be understood, however, that the total number of subjects/defendants shown in a particular table may not equal the number of subjects/defendants involved in a particular stage of processing, since some records could not be linked and some data sources did not include information on particular data elements classified in a particular table. Data notes indicate the exact universe for individual tables. The Compendium is a statistical presentation of Federal criminal justice information with limited analyses of trends or explanatory factors underlying the statistics. Analyses of Federal justice statistics may be found in special reports and other publications, some of which are cited in the Compendium. Assessment of changing patterns in the Compendium tabulations may depend on detailed examination of sub- categories not shown in the tabulations or may require other sources of information, such as knowledge of legislation or Federal agency procedures. Chapter 1 Arrests for Federal offenses Discussion Tables October 1, 2003 - September 30, 2004 Suspects arrested for Federal offenses and booked by USMS, by offense Suspects arrested for Federal offenses and booked by USMS, by Federal law enforcement agency Characteristics of Federal arrestees booked by USMS Characteristics of suspects arrested by Drug Enforcement Administration agents, by type of drug Characteristics of suspects arrested by Drug Enforcement Administration agents, by weapons involved at time of arrest Warrants initiated, by warrant type Warrants cleared, by warrant type Time from warrant initiation to clearance, by warrant characteristics Time from warrant initiation to clearance, by warrant type Chapter notes Persons suspected of violating Federal law may be arrested by one of the many Federal agencies empowered to make arrests or by State or local authorities. A recent survey by the Bureau of Justice Statistics found that 65 Federal agencies employed about 105,000 full-time officers with the authority to carry firearms and make arrests.***Footnote 1: Brian A. Reaves, Federal Law Enforcement Officers, 2004, Bureau of Justice Statistics, Washington, DC, .*** Three-fifths of these officers were employed by four agencies: * U.S. Customs and Border Protection (CBP) * Federal Bureau of Prisons (BOP) * Federal Bureau of Investigation (FBI) * U.S. Customs and Immigration Enforcement (ICE). Regardless of which agency makes the arrest, Federal suspects are typically transferred to the custody of the U.S. Marshals Service (USMS) for booking, processing, and detention. ***Footnote 2,3: The Federal agency making the arrest may be different from the Federal agency initiating the investigation involving the arrestee. Statistics describing agencies initiating investigations are shown in table 2.3 of chapter 2, "Prosecution." A portion of immigration arrests result in administrative deportation and are not booked by USMS.*** During 2004 USMS received 140,755 suspects for processing from Federal, State, and local law enforcement agencies, including approximately -- * 40,000 from U.S. Customs and Border Protection * 39,000 from the U.S. Marshals Service * 12,000 from the Drug Enforcement Administration (DEA) * 10,000 from U.S. Immigration and Customs Enforcement * 9,700 from the Federal Bureau of Investigation. Number arrested and booked by offense categories During 2004, 140,755 suspects were arrested for violations of Federal law and subsequently booked by USMS. The greatest share of suspects arrested and booked (29%) were apprehended for immigration offenses. Other suspects were arrested for - * drug offenses (25%) * supervision violations (17%) * property offenses (12%) * weapon offenses (7%) * public-order offenses (6%) * securing and safeguarding a material witness (4%) * violent offenses (3%). Most arrests and bookings for immigration offenses (83%) were for illegal entry into the United States. Other arrests and bookings for immigration offenses involved -- * alien smuggling (11%) * false claims of citizenship (3%) * other immigration violations (4%). The greatest portion of drug arrests (37%) involved cocaine (crack or powder). Other drug arrests involved -- * marijuana (25%) * amphetamine or methamphetamine (16%) * heroin (6%) * other drugs or illegal drug equipment (remainder). Number arrested and booked by law enforcement agencies Department of Justice agencies were responsible for nearly half (48%) of arrests and bookings for Federal offenses. Other arrests were by the -- * U.S. Marshals Service (28%) * Drug Enforcement Administration (9%) * Federal Bureau of Investigation (7%) * Bureau of Alcohol, Tobacco, Firearms and Explosives (4%). The first time data were available about the recently created Department of Homeland Security is 2004. (Detailed information about the agency's formation is available on the DHS web site.***Footnote 4: See .***)The Department of Homeland Security agencies comprised 37% of all arrests and bookings for Federal offenses: * Twenty-nine percent were by the Bureau of Customs and Border Protection. * Seven percent were by the Bureau of Immigration and Customs Enforcement. * One percent were by the Secret Service. Non-Federal entities also made arrests for Federal offenses. Five percent of arrests were by state or local law enforcement agencies. An additional 5% of suspects surrendered themselves upon receipt of a subpoena and 0.5% of arrests resulted from a federal/state task force. Suspects arrested and booked across demographic groups Suspects arrested and booked for Federal offenses in 2004 were predominantly -- * male (86%) * white (72%) * between the ages 21 and 40 years (70%) * U.S. citizens (57%). Among citizens the most common reasons for arrest were drug offenses (29%) and supervision violations (25%). Of the 43% of arrestees identified as noncitizens, the most common reasons for arrest were immigration and drug offenses (62% and 16% of noncitizens, respectively; data not shown). Examining the demographics of drug offense arrestees further, about two-thirds (66%) were white, and most of the remaining third (31%) were black. The racial distribution of suspects differed by the type of drug involved. Whites made up the majority of suspects arrested for most drug types: * amphetamines (91%) * marijuana (87%) * heroin (57%) * and other drugs (66%). The exception was cocaine-related drug arrests, for which blacks comprised 57% of suspects and whites, 41%. Arrests reported by DEA agents Created in 1973 the Drug Enforcement Administration (DEA) is the primary law enforcement agency responsible for enforcing U.S. drug laws. The DEA investigates major drug offenders at the national and international levels with a focus on organized gangs involved in drug trafficking, violent offending, and money laundering. The DEA coordinates and works with Federal, State, and local agencies to investigate and assist in the prosecution of drug offenses spanning interstate and/or Federal jurisdictions. The DEA State and Local Task Force Program consists of approximately 200 State and local Task Forces.***Footnote 5: DEA web site, (Accessed May 12, 2005).*** Altogether, agents of the Drug Enforcement Administration arrested 27,454 suspects in 2004. Not all were booked for violations of Federal law; some were referred to U.S. attorneys for a prosecutorial decision while others were referred to a State prosecutor (see Chapter notes). Suspects arrested by DEA agents were predominantly -- * white (68%) * non-Hispanic (58%) * male (84%) * U.S. citizens (76%) * between the ages 21 and 30 years (43%). Five percent of suspects were armed at the time of arrest, typically with a handgun (4%, data not shown). Cocaine was the predominant drug involved in arrests made by DEA agents, with cocaine powder comprising 26% of all arrests and crack cocaine, 14%. Other drugs involved in arrests by DEA agents were -- * methamphetamines (21%) * marijuana (21%) * opiates (8%) * other drugs or nondrug offenses (9%). For most drug types the majority of suspects arrested was white. The exception is crack cocaine, for which the majority of suspects arrested was black. The types of drug violations that suspects were arrested for were -- * conspiracy (35%) * distribution or possession with intent to deliver (34%) * simple possession (17%) * and manufacturing or other offenses (14%). Arrests by DEA agents were geographically concentrated. For example, the DEA-coordinated Southwest Border Initiative brings together multiple agencies (U.S. Attorneys, U.S. Customs, FBI) to target Mexico-based traffickers operating along the Southwest border. Overall, 1 in 2 DEA arrests in 2004 were made in seven states: * Texas (11.2%) * California (10.2%) * Florida (9.1%) * New York (7.6%) * Arizona (4.2%) * Missouri (3.3%) * Washington (3.2%). --------------------------------------- Fugitive investigations In addition to arrests and prosecutions, Federal law enforcement agencies are also responsible for fugitive investigations, which are typically initiated through the receipt of a warrant issued by a judicial officer. The U.S. Marshals Service(USMS)is the Federal government's lead agency for conducting investigations involving escaped Federal prisoners as well as probation, parole, and bond default violators. USMS compiles and maintains all Federal warrants through the computer-based Warrant Information Network(WIN). Deputy U.S. Marshals collaborate with Federal, State, and local law enforcement through over 100 cooperative task forces to apprehend fugitives, including non-Federal fugitives who are wanted by State and local authorities. ***Footnote 6: U.S. Marshals Service Web site, (Accessed June 29, 2005).*** Warrants initiated — USMS processed 129,283 warrants for investigation during 2004. Over half (59%) of the warrants initiated were for felony offenses, including -- * probation (12%) * bond (5%) * parole violations (2%). Nearly one-third (30%) of warrants initiated were State and local warrants and the remaining 11% were Federal nonfelony warrants for traffic and misdemeanor offenses. Warrants cleared -— 131,265 warrants were cleared in 2004. More than half (55%) of the warrants cleared were for felony offenses, including -- * probation (11%) * bond (5%) * parole violations (2%). About one-third (35%) of the warrants cleared in 2004 were State and local warrants and the remaining 11% were Federal nonfelony warrants for traffic and misdemeanor offenses. Warrants can be executed in many ways. In 2004 most warrants (77%) cleared with the arrest of a fugitive. Other warrants were cleared through other means (23%***Detail does not sum to total due to rounding.***): * dismissed by the court or returned unexecuted (14%) * detainer lodged against a fugitive already in custody elsewhere (10%). There were important differences in warrant execution across different warrant types. Warrants for more serious fugitives typically involved the arrest of a fugitive, while less serious warrants were most often dismissed by the court or returned unexecuted. Federal felony warrants typically cleared with an arrest (76%) and an additional 17% cleared when a detainer was lodged against a fugitive already in custody elsewhere. Similarly, most warrants (94%) for State and local fugitives cleared with an arrest. By contrast, most nonfelony warrants (73%) were dismissed by the court or returned unexecuted. Warrants that cleared in 2004 typically cleared within 1 month of warrant initiation — the median time to warrant clearance was 20 days — and most (87%) cleared within 1 year. Again, there were important differences across warrant types. More serious fugitives tended to be apprehended within weeks, while warrants for less serious fugitives remained on the books for much longer. The median time from warrant initiation to clearance was 11 days for Federal felony warrants, 28 days for State and local warrants, and over 8 months (245 days) for Federal nonfelony warrants. ----------------------------------------- Chapter notes Tables 1.1-1.3 were derived from the U.S. Marshals Service Prisoner Tracking System. Only records of arrests made between October 1, 2003, and September 30, 2004, were selected. Information on individual cases, offenses, and detainees were used to construct the tables. The data in tables 1.1-1.3 are not directly comparable to tables 1.1-1.3 in prior Compendia (1998-2002) because of changes in the data processing methodology. Compendia between 1998 and 2002 overstated the number of Federal arrests by about 4,000 or 3% because some suspects were booked in more than one Federal district following their arrests. For example, a suspect who is arrested and booked in district A may be transferred to district B because of an outstanding warrant in district B. Upon arrival in district B, the suspect is booked a second time. Data tables from the 2003 Compendium onward reflect only the first booking associated with a given person-arrest and are comparable to one another. The distribution of arrests by arresting agency and department shown in table 1.2 is not directly comparable to prior Compendia because of the agency restructuring that occurred with the creation of the Department of Homeland Security. Tables 1.4-1.5 were derived from the DEA Defendant Statistical System. Only records of arrests made between October 1, 2003, and September 30, 2004, were selected. Counts of DEA arrests from tables 1.4-1.5 will be higher than those reported as DEA arrests by the U.S. Marshals (in table 1.2) because some suspects arrested by DEA agents are transferred to State or local jurisdiction and are, therefore, never booked by the U.S. Marshals Service. Tables 1.6-1.9 were derived from the U.S. Marshals Service Warrant Information Network. Only records of warrants initiated or warrants cleared during October 1, 2003, through September 30, 2004, were selected. Information on warrant type, warrant execution, and warrant offense were used to construct the tables. The offense classification codes used by the U.S. Marshals Service were aggregated into the categories shown in tables 1.1-1.3 and table 1.8. These categories are similar, but may not be directly comparable, to categories used in other tables of this Compendium. Chapter 2 Prosecution Discussion Tables October 1, 2003 – September 30, 2004 Suspects in matters received by U.S. attorneys, by offense Disposition of suspects in matters concluded, by offense Suspects in matters concluded and declined, by investigating agency Basis for declination of prosecution by attorneys Disposition of matters declined for prosecution by U.S. attorneys, by offense Mean and median processing times from receipt to filing or declination, by offense Chapter notes Federal criminal cases may be brought by the U.S. Attorney's Office, by the Criminal Division of the U.S. Department of Justice, or by other authorized law enforcement agencies, such as the U.S. Marshals Service. The 93 U.S. attorneys serve as the chief Federal law enforcement officers within their respective districts. Investigations are most commonly referred to a U.S. attorney by a Federal investigative agency: * Federal Bureau of Investigation * Drug Enforcement Administration * Citizenship and Immigration Services * Customs and Border Protection * Bureau of Alcohol, Tobacco, and Firearms * Secret Service. Investigations are also referred by a State or local investigative agency. Investigations may also be initiated — and cases brought directly — by U.S. attorneys or by the Criminal Division of the U.S. Department of Justice. This chapter reports on suspects that were at least partially investigated by U.S. attorneys. U.S. attorneys' decisions After criminal investigations are initiated and criminal suspects are referred to them, U.S. attorneys may file charges against defendants in a U.S. district court, or they may file cases before U.S. magistrates, who have the authority to adjudicate misdemeanor offenses (18 U.S.C. sec 3401); because of the relatively less serious nature of these cases, and because they are handled by magistrates, the U.S. attorneys count these cases as criminal matters disposed by U.S. magistrates. U.S. attorneys may also decline to file charges for reasons such as weak or insufficient evidence, minimal Federal interest, lack of resources, or lack of criminal intent. Matters that are declined may be referred to another authority for prosecution or be settled through alternative resolution procedures. The decision to prosecute a suspect in a criminal matter depends upon many factors, including the Attorney General's priorities, U.S. attorney priorities and resources, laws governing each type of offense, and the strength of evidence in each case. During 2004, 58% of the suspects investigated by U.S. attorneys were prosecuted in U.S. district court, and U.S. magistrates handled an additional 20%. Suspects were prosecuted at different rates depending on the offense involved. Suspects in immigration matters were the most likely to be prosecuted; 51% had charges filed against them in U.S. district court and an additional 48% had charges filed before a U.S. magistrate. The rate of prosecution was similar for drug offenses, with 75% of suspects having charges filed in district court and 9% having charges filed in magistrate court. About two-thirds of suspects in weapon and violent offense matters were prosecuted, with most (74% and 68%, respectively) being prosecuted in district court. Public-order and property offenses were the least likely to be prosecuted. Thirty-eight percent of public-order suspects were prosecuted in U.S. district court, and 22% were concluded by magistrates. Fifty-four percent of property suspects were prosecuted in district court. Suspects in matters received During 2004 there were 141,212 suspects in new matters received for investigation by U.S. attorneys. These suspects were investigated for -- * drug offenses (27%) * immigration offenses (26%) * property offenses (18%) * public-order offenses (15%) * weapon offenses (10%) * violent offenses (4%). The number of suspects investigated for immigration offenses increased by 76% between 2003 and 2004, from 20,341 to 35,858. Investigating and prosecuting terrorism threats and related persons and enterprises was the highest priority for U.S. attorneys in 2004, although violent crimes — particularly those involving firearms — as well as identifying, disrupting, and dismantling drug trafficking organizations continued to be high priorities. Other areas of special emphasis during 2004 included corporate fraud, civil rights prosecution, and trafficking in persons.***Footnote 1: Statistical Report, United States Attorneys' Offices, Fiscal Year 2003. U.S. Department of Justice, Executive Office for United States Attorneys, Washington, DC.*** Disposition of suspects in matters concluded Upon receiving a matter a U.S. attorney may either decline it for prosecution immediately or investigate further. Upon conclusion of the investigation, U.S. attorneys may file criminal charges in a U.S. district court, refer the matter to a U.S. magistrate, or decline the case for Federal prosecution. Of the 148,229 suspects in criminal matters concluded during 2004 — * 58% were prosecuted in U.S. district court * 20% were referred to U.S. magistrates * 22% were declined for Federal prosecution.***Footnote 2: The number of suspects in criminal matters concluded is not comparable to the 1993 and prior compendia. See Chapter notes, item 2, p. 37, for details.*** Suspects prosecuted in U.S. district court — U.S. attorneys prosecuted 86,482 suspects in U.S. district courts during 2004. The likelihood of prosecution in U.S. district court varied widely across offense categories. Suspects involved in immigration and drug offenses were more likely to be prosecuted than suspects in other types of offenses. U.S. attorneys filed charges in district court against — * 75% of suspects involved in drug offenses * 70% of those in weapon offenses * 59% of those in violent offenses * 54% of those in property offenses * 50% of those in immigration offenses * 38% of those in public-order offenses. Differences in rates of prosecution within major categories were substantial. For example, among violent offenses — * 76% of robbery suspects were prosecuted * 51% of murder suspects were prosecuted * 47% of assault suspects and kidnaping suspects were prosecuted * approximately 43% of sexual abuse suspects were prosecuted. Among suspects investigated for property offenses, those in counterfeiting matters had the highest rate of prosecution(64%), while those investigated for arson and explosives had the lowest rate of prosecution (46%). Among suspects investigated for public-order offenses, the rates of prosecution also covered a wide range: * tax law matters (61%) * nonviolent sex matters (53%) * civil rights matters (8%) * traffic matters (11%). Suspects in matters concluded by U.S. magistrates — During 2004 U.S. attorneys referred 20% of all the criminal matters they investigated to U.S. magistrates. Cases concluded by U.S. magistrates are, by statute, misdemeanors.***Footnote 3: At the time that U.S. attorneys receive them, matters may not be classifiable as felonies or misdemeanors. If a U.S. magistrate disposes of a case — or what the U.S. attorneys call a "matter" — its offense level has been determined, by statute, to be a misdemeanor.*** Immigration offenses comprised 60% of all matters concluded by U.S. magistrates, whereas in 2003 immigration offenses were 18% of matters concluded by magistrates. Also disposed by U.S. magistrates were — * public-order offenses (16%) * drug offenses (13%) * property offenses (7%) * violent offenses (2%) * weapon offenses (2%). For most offenses the likelihood that a U.S. magistrate concluded the matter was relatively low. Offenses having comparably high rates of disposal by magistrates included traffic offenses (89%); and conspiracy, aiding and abetting and jurisdictional offenses (72%). Suspects in matters concluded and declined, by investigating agency — During 2003, 45% of suspects in matters concluded were investigated by components of the Department of Homeland Security and the Justice Department investigated 33% of suspects in matters concluded. In addition, independent Federal agencies and State/local agencies investigated 9% of suspects in matters concluded. The declination rate for suspects in matters investigated by components of the Department of Homeland Security was fairly low, at 11%. For suspects in matters investigated by components of the Department of Justice, the declination rate (31%) was a bit higher than the overall declination rate (22%). Declination rates for other investigating agencies included: * Small Business Administration (69%) * Land Management Bureau (68%) * Railroad Retirement Board (58%) * Environmental Protection Agency (54%) * National Park Service (8%) * U.S. Army (5%) * U.S. Marine Corps (3%) * Citizen and Immigration Services (2%). Suspects in matters declined for Federal prosecution — Twenty-two percent of the matters concluded by U.S. attorneys in 2004 were declined for Federal prosecution. Declination rates for offenses were: * public-order offenses (40%) * property offenses (38%) * violent offenses (32%) * weapon offenses (26%) * drug offenses (15%) * immigration offenses (2%). The decision to decline Federal prosecution is based on a number of factors, including the lack of a prosecutable offense, an alternative resolution, or case- and suspect-related reasons. Of the 31,866 declinations during 2004 — * 25% occurred because of case-related reasons, mostly due to weak evidence (21%) * 23% occurred because there was no crime or criminal intent was lacking * 25% occurred for other reasons, such as agency requests (10%) and lack of resources (6%). Not all suspects whose matters were declined by U.S. attorneys avoided prosecution. Twenty-one percent of the suspects in matters declined were referred to another authority for prosecution. An additional 4% were settled through alternative resolution procedures. Suspects involved in weapons- related offenses constituted the largest number who were referred by U.S. attorneys to other authorities for prosecution or resolution. Thirty-two percent of the weapons-related suspects whose matters were declined prosecution by U.S. attorneys were referred for other prosecution or resolution, as were — * 31% of drug suspects * 20% of violent suspects * 19% of public-order suspects * 14% of property suspects * 13% of immigration suspects. Within major offense categories, the likelihood that suspects in matters declined for prosecution were referred to other authorities for prosecution or alternative resolution varied among specific offenses. Within property offenses, referral occurred with 29% of persons involved in counterfeiting, compared to 6% of suspects in embezzlement cases. Within public-order offenses, 54% of escape suspects were referred to other authorities or had their case settled through alternative procedures, compared to 4% of suspects in civil rights cases. Processing times — For matters concluded during 2004, the average number of months from receipt of a matter to its conclusion by a U.S. attorney as a case filing or declination or its disposal by a U.S. magistrate was 7.4 months (a median of one month). However, the time to process matters varied with the outcome of the matter. U.S. attorneys took an average of 4 months to file charges in U.S. district court, but over one-half of cases were filed within 1 month. Declinations took longer, with an average duration of almost 19 months, though one-half of declinations occurred within 13 months. The processing time for matters disposed by U.S. magistrates also differed by the outcome. Matters resulting in a conviction took an average of 4.1 months to conclude, with one- half of cases concluding within 0.2 months. Matters that did not result in a conviction took longer to conclude -- an average of 10.4 months, with one-half concluding within 2.1 months. Processing times also varied with the type of offense involved. Suspects involved in immigration offenses were processed most quickly, with an average case processing time of 1.1 months (a decrease of 2.4 months from 2003) and a median time of less than 1 month. Processing times by offense were: * weapon offenses (4.8 months on average and a median of 1.6 months) * drug offenses (6.4 months on average and a median of 0.9 months) * violent offenses (6.5 months on average and a median of 1.6 months) * public-order offenses (13.3 months on average and a median of 4.7 months) * property offenses (14.2 months on average and a median of 7.4 months). Chapter notes Tables 2.1-2.6 were created from the National LIONS system data files of the EOUSA. For table 2.1, only records which showed a matter received during 2004 were selected. For tables 2.2-2.6, only records which show a matter terminated by reason of declination, disposition by a U.S. magistrate, or filed as a case in U.S. district court from October 1, 2003, through September 30, 2004, were selected. In all of these tables, matters "declined immediately" — those cases in which the U.S. attorney spent less than 1 hour investigating — were excluded. The number of suspects in matters investigated in table 2.1, and the number of suspects in matters concluded in tables 2.2 and 2.6 are not directly comparable to counts in the 1993 and prior compendia. In those years these statistics included appellants in appeals filed or appeals terminated. In table 2.1 of this Compendium and its corresponding tables in 1994 and subsequent compendia, the number of suspects in matters received is limited to suspects in criminal matters that were filed as cases in U.S. district courts, handled by U.S. magistrates, or declined for prosecution. In the 1993 and prior compendia, the number of suspects in criminal matters received included criminal appeals. To obtain a number of suspects comparable to the statistic reported in the 1993 and prior compendia, add to the data in table 2.1 of this Compendium the number of appellants in appeals that were handled by U.S. attorneys. In tables 2.2 and 2.6 of this Compendium and their corresponding tables in the 1994 and subsequent compendia, the number of suspects in matters concluded also is limited to those suspects whose matters were concluded by a case filing in a U.S. district court, by declination, or by disposition by a U.S. magistrate. In the 1993 and prior compendia, this number included appellants in criminal appeals terminated. To obtain a number that is comparable to the number reported in the 1993 and prior compendia, the number of appellants in appeals terminated and handled by U.S. attorneys needs to be added to the totals in table 2.2. Offenses in the National LIONS system data files are classified by the title and section of the United States Code for the most serious offense investigated, as determined by the assistant U.S. attorney responsible for the matter. For tables in this Compendium, these citations were translated into the corresponding four-digit offense codes used by the Administrative Office of the United States Courts (AOUSC). These four-digit codes were then aggregated into the categories shown in the tables. U.S. Code citations often do not permit detailed classification of drug offenses by the type of criminal activity involved. A person charged with conspiracy is classified under the substantive offense alleged (for example, conspiracy to defraud is classified as fraud) unless type of conspiracy cannot be determined from the U.S. Code citation. Unclassified conspiracies are included among "conspiracy, aiding and abetting, traffic, and jurisdictional offenses" in tables 2.1, 2.2, 2.5, and 2.6. The most serious offense investigated is based on the criminal lead charge as determined by the assistant U.S. attorney responsible for the criminal matter. In the tables in this chapter, the "all offenses" row or "total declinations" row includes records whose offense category (basis for declination) is missing or indeterminable. The percentage distributions in these tables, however, are based on the number of observations with nonmissing offenses (basis for declination) values. The number of missing values are reported either on a separate line or in a footnote. Additional data for "lack of resources" as a reason for declination were discovered in 1999; these cases previously were coded as "unknown or indeterminate" in 1998 and prior years. Therefore, in table 2.4, the apparent increase in "lack of resources" as a declination reason (between 1998 and future years) is due in large part to this additional information and reclassification of declination reasons from "unknown and indeterminate." Chapter 3 Pretrial release Discussion Tables October 1, 2003 - September 30, 2004 Outcomes of initial hearing and detention hearing for cases commenced, by offense Type of pretrial release for cases terminated, by offense Type of pretrial release for cases terminated, by defendant characteristics Form of pretrial detention for cases terminated, by offense Form of pretrial detention for cases terminated, by defendant characteristics Pretrial detention hearing outcomes for cases terminated, by offense Pretrial detention hearing outcomes for cases terminated, by defendant characteristics Behavior of defendants released prior to trial for cases terminated, by offense Behavior of defendants released prior to trial for cases terminated, by type of release Behavior of defendants released prior to trial for cases terminated, by defendant characteristics Length of pretrial detention for cases terminated, by form of release or detention, and most serious offense charged Chapter notes The Bail Reform Act of 1984 (18 U.S.C. sec 3141) sets the terms for release and detention of defendants facing charges in Federal courts. At the time defendants first appear before a judicial officer, they may be -- released on personal recognizance or unsecured bond, released subject to conditions imposed by the court, possibly including traditional bail, temporarily detained without bail (limited to 10 working days) to permit deportation, exclusion, or the revocation of previously granted conditional release, or detained pending the outcome of a detention hearing.***18 U.S.C. sec 3142(e) (1984)*** According to the statute a defendant must be brought before a judicial officer without "unnecessary delay" upon arrest for an "initial appearance." The judicial officer, who may be a judge, but is generally a U.S. magistrate, determines whether the defendant will be released or detained prior to trial. If a hearing is required, the release decision may be delayed no longer than 3 days (or 5 days if requested by the defendant). The recommendation to detain the defendant is made by the U.S. attorney and/or the pretrial services officer. If the court concurs with the recommendation to detain the defendant, a pretrial detention hearing is held to show cause why the defendant should be detained pending adjudication of the charges. According to the Bail Reform Act of 1984, preventive detention is applicable in instances where the defendant was charged with -- a crime of violence, an offense with a statutory maximum sentence of life imprisonment or death, a drug offense with a statutory maximum sentence of 10 years or more imprisonment, or any felony offense if the defendant had been convicted on two or more occasions of an offense described above or a similar State-level offense. A detention recommendation may be made if there is a serious risk that the defendant would flee in an attempt to avoid prosecution or would obstruct justice or intimidate witnesses or jurors. Types of pretrial release Defendants may be released without financial conditions according to the following: Personal recognizance -- defendant is released subject to no financial or other conditions. Unsecured bond -- no money is required to be posted before release, but defendant is liable for full bail amount if he or she fails to appear. Conditional release-- any combination of restrictions that are deemed necessary to guarantee the defendant's appearance at trial or the safety of the community. Nonfinancial conditions commonly place restrictions on the defendant's movements, associations, and/or actions. They may also involve employment or treatment for medical, psychological, or substance abuse conditions. Defendants may also be released on financial conditions. Financial conditions include: deposit bond (the defendant is required to post a percentage of the total bail amount, usually 10%), surety bond (the defendant is released subject to guarantees by a third person that the full amount will be paid), or collateral bond (collateral equal to the full bail amount required to be posted by the defendant before release). Financial conditions may occur in combination with nonfinancial conditions. Factors relating to release or detention In deciding whether to release a defendant and in setting release conditions, the court is directed to consider the -- * nature and circumstances of the offense charges * weight of evidence against the defendant defendant's character * physical and mental condition * family ties * employment * financial resources * length of residence in the community * community ties * past conduct * history relating to drug or alcohol abuse * criminal history * record concerning appearance at court proceedings. These factors are considered at an initial hearing where the defendant may be released, detained, held for a detention hearing, or the case may be continued or dismissed. At the detention hearing, a defendant may be -- * released * given preventive detention * temporarily detained * detained with no bail set or made. Or the defendant's case may be continued, dismissed, or transferred. Of the 86,364 defendants whose cases commenced in 2004, 33% (or 28,125) were released after either an initial hearing or a detention hearing, and 67% of defendants were detained. Of the 78,219 defendants who terminated pretrial services during 2004, 40% (30,952) were released for some period of time prior to trial. Of those released defendants 80% completed pretrial services without violating the conditions of their release. In 2004, 77% (60,294) of defendants terminating pretrial services were detained for some period of time prior to the disposition of their case. This includes those who were detained prior to having a preliminary hearing with the magistrate, at which point they could have been either released or ordered to have a detention hearing. Of the defendants detained 57% were ordered detained by the court until case disposition. Pretrial detention hearings were held for 43,868 defendants. Of these, 34,579 (79%) were ordered detained. Of the 30,952 defendants released prior to trial, 20% violated a condition of their release. The majority (92%) of these violations were technical violations of the bail conditions. Defendants released on deposit bond were more likely (26%) than other defendants to incur some violation of the conditions of their release. Conversely, defendants given conditional release violated their release at the lowest rate (less than 1%). Eight percent of all released defendants had their release revoked. Those charged with violent offenses were detained longer on average (118 days) than defendants charged with other offenses (not shown in a table). Defendants who were never released and were detained by the court were detained longer than were defendants detained for financial conditions (108 days and 71 days, respectively.) Outcomes for pretrial cases commenced Releases and detentions after the first 2 hearings — Of the 86,364 cases commenced in 2004, 33% were released after either an initial hearing or a detention hearing, 67% were detained, and less than 1% were dismissed. Seventy-seven percent of defendants receiving pretrial release were released after an initial hearing; 72% of detained defendants were detained after a detention hearing. After these two hearings less than 1% of incoming defendants (386) were awaiting a release decision (not shown in a table). Of those charged with property offenses, 70% were released. Other defendants released were: * 63% of public-order offense defendants * 32% of weapon offense defendants * 29% of drug offense defendants * 27% of violent offense defendants * 5% of immigration offense defendants. Outcomes for pretrial cases terminated Releases — Of cases terminated in 2004, 40% were released before case termination. The percent released varied greatly across and within offense categories. Seventy-five percent of property offenders were released, compared with only 7% of immigration offenders. Among violent offenders 17% of those charged with robbery were released compared to 58% of those charged with sexual abuse or assault. Among public-order defendants 58% of those charged with racketeering and extortion were released compared to 95% of those charged with tax law violations and 93% of traffic defendants. Forty-two percent of those charged with weapon offenses were released. Thirty-nine percent of all drug defendants were released. Drug trafficking defendants were less likely to be released than those charged with nontrafficking offenses (37% compared to 57%). How defendants were released prior to trial varied among major offense categories. For property, drug, and weapon defendants, the highest percentage of defendants released was through unsecured bond. A higher percentage of defendants charged with a violent or public order offense were released on personal recognizance; while more immigration defendants were released with financial conditions than any other form of release. Detentions — Among the major offense categories, defendants most likely to be detained for some period of time were charged with — * immigration offenses (98%) * drug offenses (85%) * violent offenses (83%). However, violent defendants were more likely than immigration or drug defendants to be detained by the court (66% versus 60% and 58%). Of those charged with weapons offenses, 81% were detained with 59% detained by the court. Public-order and property defendants were less likely to be detained than were other defendants. During 2004, 46% of public-order defendants were detained, with 50% of these detained by the court. Forty-three percent of defendants charged with property offenses were detained with 44% of these detained by the court. Fifty-six percent of all defendants had a detention hearing. This rate varied by offense category: * 69% of violent offense defendants * 67% of drug defendants * 63% of immigration and weapons defendants * 33% of public-order offense defendants 29% of property offense defendants. Once a defendant was ordered to have a detention hearing, the chances of being detained were less variable across offense categories. The highest rate of defendants ordered detained were those charged with immigration offenses (93%). Of the 69% of defendants charged with violent offenses and given a pretrial detention hearing, 79% were ordered detained. In 2004 defendants ordered detained following a pretrial hearing were: * 76% of weapon offense defendants * 74% of drug offense defendants * 69% of public-order offense defendants * 66% of property offense defendants. Violations — Of released defendants terminating pretrial services during 2004, those charged with weapon or drug offenses were more likely than other defendants (34% and 29% compared with 20% overall) to incur at least one violation during the release period. Among other major offense categories, those charged with public-order offenses were the least likely (8%) to violate conditions of their release. Those charged with weapon, violent, or drug offenses were more likely than others to have their release revoked (16% of all released weapon defendants, and 11% of violent or drug defendants compared with 8% overall). Five percent of released property defendants and 9% of released immigration defendants were revoked. Of the 30,952 defendants released, those on deposit bond were more likely (26%) than other defendants (20% overall) to incur a violation of the conditions of their release. Defendants with the lowest rate of release violations were those given conditional release (less than 1%). This group was also the least likely to have a release revocation. Only 0.1% of defendants on conditional release who committed a violation were revoked. Pretrial outcomes across demographic groups Releases — Females were more likely (68%) than males (35%) to be released during 2004. Males were more likely to have a financial condition imposed on them than females (21% versus 13%). Fifty-nine percent of all defendants identified as non-Hispanic were released during 2004 compared to 17% of Hispanics. Non- Hispanic releasees were twice as likely as Hispanics to be released on personal recognizance. Released defendants by race were: * 58% of Asian/Native Hawaiian or Pacific Islander defendants * 53% of Native American or Alaskan Native defendants * 47% of black or African American defendants * 36% of white defendants. The higher the education level of the defendant, the greater the probability of release. Thirty-two percent of defendants with less than a high school education were released in 2004, while 77% of those who had completed college were released. Defendants with a history of drug abuse were released less frequently than those defendants with no known drug history (46% versus 53%). However, among all released defendants, drug abuse history does not appear to have had a major effect on the form of pretrial release. Sixty percent of defendants with no prior convictions were released compared with only 21% of defendants with prior violent felony convictions. Detentions — Males were more likely (81% versus 54%) than females to be detained (table 3.5). Of all detainees 81% of the men and 63% of the women were detained following a detention hearing. Hispanics had a much higher probability of being detained (94%) compared with non-Hispanics (63%). Almost all of those charged with an immigration offense (98%) — of whom noncitizen Hispanics comprise the majority — were detained. Younger defendants were more likely than older ones to be detained. Defendants detained by age were: * between ages 16 and 18 (77%) * between ages 19 and 20 (78%) * over age 40 (66%). However, among all defendants detained, the chances of being detained following a detention hearing were similar across all age groups. The likelihood of having a detention hearing increased with the number of prior convictions and severity of the defendant's criminal history. Furthermore, 59% of those with a history of drug abuse had detention hearings as compared to 46% of those without such a past. However, those with a history of drug abuse were as likely to be detained after a hearing. Violations — Released males were more likely than females to incur a violation during the pretrial release period (21% versus 16%) and more likely to have their release revoked. Native Americans were more likely (30%) to incur at least one violation than — * blacks or African Americans (24%) * whites (18%) * Asians/Native Hawaiians or Pacific Islanders (12%). Native American defendants also were more likely to have their release revoked (18%) than — * blacks or African Americans (8%) * whites (7%) * Asians/Native Hawaiians or Pacific Islanders (5%). Defendants without a high school diploma were three times more likely to have at least one violation than defendants with college degrees (28% versus 8%). Defendants with no prior criminal history were 50% less likely to have a pretrial release violation than those with a prior conviction. Released defendants with a known drug history were nearly 3 times more likely to incur a violation than those with no known drug history and nearly 4 times more likely to have their release revoked (15% versus 4%). Length of pretrial detention Among defendants detained for any time prior to case disposition, those charged with violent offenses were detained the longest (an average of 118 days)compared to — * drug defendants (89 days) * weapon defendants (87 days) * immigration defendants (61 days) * public-order defendants (54 days) * property defendants (50 days)(not shown in a table). Of defendants released those released conditionally spent the greatest average number of days detained (112 days) compared to those released on — * personal recognizance (36 days) * unsecured bond (37 days) * financial conditions (27 days). This trend varied only slightly across all major offense categories — in general, defendants released by conditional means were detained more days than defendants who were released by any other means. Of defendants not released those detained by the court were detained longer, on average, than those held on financial conditions (108 days compared with 71 days). This pattern was true across all major offense types. Chapter notes All tables in chapter 3 were created from data in the Pretrial Services Information Act System database, which is maintained by the Pretrial Services Agency (PSA) within the A OUSC. The data describe pretrial defendants processed by Federal pretrial service agencies within each district. Defendants who received pretrial services through a local, non-Federal agency, such as the District of Columbia, are not included. The data describe 86,364 defendants whose cases commenced and 78,219 defendants who terminated pretrial services during October 1, 2003, through September 30, 2004, and whose cases were filed by complaint, indictment, or information. In these tables the totals (for example, "all offenses") included records whose offense or other attributes were missing or indeterminable. The percentage distributions were based on nonmissing values, and missing values were reported in a footnote. Offenses in the PSA are based on the most serious charged offense, as determined by the probation officer responsible for the interview with the defendant. The probation officer classifies the major offense charged into AOUSC four-digit offense codes. For defendants charged with more than one offense on an indictment, the probation officer chooses as the major charged offense the one carrying the most severe penalty or, in the case of two or more charges carrying the same penalty, the one with the highest offense severity. The offense severity level is determined by the AOUSC, which ranks offenses according to the maximum sentence, type of crime, and maximum fine amount. These four-digit codes are then aggregated into the same offense categories as those used in chapter 4. For drug offenses the type of drug activity — trafficking or possession — is obtained by the probation officers from their reading of the indictment or other charging documents. The AOUSC citation manual provides probation officers with detailed instructions on how to code drug crimes. In tables 3.1-3.5, the percentages showing the methods of release or methods of detention were based on the number of defendants released or the number of defendants detained. In tables 3.6 and 3.7, the percentages were based on the number of defendants who had hearings and were ordered detained. This method departs from the 1993 and prior compendia, in which the percentages were based on the number of defendants terminating pretrial services. Chapter 4 Adjudication Discussion Tables October 1, 2003 - September 30, 2004 Defendants in criminal cases commenced, by offense Disposition of criminal cases terminated, by offense Time from filing to disposition of criminal cases terminated Dispositions by U.S. magistrates Chapter notes Federal criminal cases may result in conviction of the defendant following plea or trial, acquittal of the defendant after trial, or dismissal of the case.***Footnote 1: Unless otherwise noted data describe felony and misdemeanor cases in U.S. district courts and include Class A misdemeanors handled by U.S. magistrates. The data also include Class B misdemeanors that are handled by U.S. district court judges, which occur infrequently.*** Defendants in criminal cases commenced During 2004, 92,645 defendants had criminal cases commenced against them in U.S. district courts, and 81,261 (88%) of those defendants were charged with felonies. The 30,469 drug felony defendants comprised 33% of all criminal defendants in cases commenced and 37% of all felony defendants. Felony property and immigration defendants comprised 15% and 19% of all defendants in cases commenced respectively. The 11,384 misdemeanor defendants constituted 12% of all defendants in cases commenced; 40% of those misdemeanor defendants were charged with traffic violations. Defendants in criminal cases terminated Cases were terminated against 83,391 defendants during 2004, 73,138 (88%) of whom were felony defendants. During 2004 the 27,407 drug-related felony defendants comprised 33% of all defendants in cases terminated and 37% of all felony defendants. Ninety percent of all defendants, 92% of all felony defendants, and 71% of misdemeanor defendants were convicted. Conviction rates for major felony offense categories were in the 89% to 96% range. Within the major offense categories, however, the conviction rates varied more widely. For example, within the public-order category, the conviction rate ranged from — * 68% for civil rights violations to * 86% for felony traffic offenses to * 100% for obscene materials. Most defendants who were convicted pleaded guilty. Overall, 96% of those convicted pleaded guilty, while only 4% were convicted at trial. For felony offenses 96% of convicted defendants pleaded guilty to their charges. For the major felony offense categories, guilty pleas were registered for — * 99% of immigration offenders * 97% of drug offenders * 95% of property offenders * 94% of public-order offenders * 93% of both violent and weapon offenders. (Percents were calculated from numbers in table 4.2.) During 2004 only 4% (3,346) of the 83,391 defendants in cases terminated exercised their right to a trial. Nine percent of violent offenders went to trial as compared with — * 7% of both weapon and public order offenders * 4% of both property offenders and drug offenders * 1% of immigration offenders. (Percents were calculated from numbers in table 4.2.) Of defendants who exercised their right to a trial, 2,630 (79%)were convicted either by a jury or a bench trial. The felony trial conviction rate was 80%, while the misdemeanor conviction rate was 64%. Among felony offenses, trial conviction rates ranged from 74% for violent offenses defendants to 85% for immigration defendants. (Percents were calculated from numbers in table 4.2.) Case processing times The data in table 4.3 cover the interval from the time a case is filed in U.S. district court through sentencing for those convicted as well as the interval from case filing through disposition for those not convicted or those whose cases are dismissed. Title I of the Speedy Trial Act of 1974, as amended, sets time requirements for processing criminal cases in Federal courts. Except for certain exclusions, indictment must occur within 30 days of arrest; defendants are guaranteed at least 30 days to prepare for trial; and the Government must be ready for trial within 70 days. The Speedy Trial Act does not specify an interval from trial to sentencing,***Footnote 2: The Sentencing Reform Act of 1984 specifies minimum intervals for the disclosure and objections to the presentence report. (See rule 31, Federal Rules of Criminal Procedure.)*** and the time limits set by the act exclude several enumerated periods of pretrial procedure such as time spent awaiting rulings on motions. ***Footnote 3:18 U.S.C. 3161 et. Seq.*** Additionally, defendants may waive their rights within the Speedy Trial Act. As a result, the actual processing time for most defendants can be longer than the statutory limits without violating the provisions of the act. Overall, the average time for processing defendants was 9.5 months. For felony defendants the overall processing time average was 10.1 months; for those charged with misdemeanor crimes, the average processing time was 4.6 months. Defendants who pleaded guilty were processed, on average, 5.4 months faster than defendants who went to trial. Overall, defendants whose cases went to trial took the longest to process (14.2 months). Among major felony offense categories, drug offenses cases terminated by a guilty plea took longer on average (21.4 months) than those terminated by trial (15.3 months). For public-order and weapon offenses, cases terminated by trial took longer on average (17.8 and 12.7 months, respectively) than those terminated by dismissal (15.0 and 9.7 months, respectively). Convictions by U.S. magistrates During 2004 U.S. magistrates disposed of 10,054 misdemeanor criminal defendants, 72% of whom were convicted. Comprising cases disposed by U.S. magistrates' were — * public-order offenders (nearly 51%) * property offenders (22%) * drug offenders (19%). (Percents were calculated from numbers in Chapter notes Tables 4.1-4.4 were derived from the Administrative Office of U.S. Courts (AOUSC) criminal master data files. Only records with cases filed in U.S. district court or cases that terminated in U.S. district court during October 1, 2003, through September 30, 2004, were selected. Offenses were classified according to the most serious offense charged. In the case of multiple offenses, the offense carrying the most severe potential penalty was selected. In this Compendium carjacking offenses are classified as robberies, based on title and section of the U.S. Code. In compendia prior to the 1997 Compendium, they were classified as motor vehicle thefts, based on the AOUSC offense classifications. Chapter 5 Sentencing Discussion Tables October 1, 2003 – September 30, 2004 Sentence types for offenders sentenced in criminal cases terminated, by offense Type and length of sentences imposed for sentenced offenders, by offense Sentences imposed on convicted offenders, by offense of conviction and method of disposition Chapter notes Depending upon the type and severity of the offense, convicted offenders may be sentenced to incarceration, probation, a fine, or a combination of sanctions such as a split or mixed sentence (imprisonment as well as a period of probation supervision). (For a definition of mixed sentences, see Glossary, p. 117.) The Federal sentencing guidelines require a term of supervised release following service of any prison sentence of more than 1 year. In addition, courts have the discretion to impose supervised release in any other case. Except where otherwise indicated, tables in this chapter are based on the most serious offense of conviction. They are not directly comparable with tables in earlier chapters that are based on the most serious offense investigated or most serious offense charged. (See "Offense classifications" in Methodology, p. 113.) Offenders convicted and sentences imposed Of the 74,782 offenders sentenced during 2004 — * 58,106 (78%) were sentenced to prison * 11,067 (15%) were sentenced to probation ***Footnote 1: Offenders given an intermediate sanction such as intermittent confinement or community confinement that also included probation supervision are counted among offenders given probation.*** * 2,639 (4%) were ordered to pay only a fine. During 2004, 56,509 defendants convicted of felonies were sentenced to prison representing 97% of all prison sentences and 85% of all convicted felons. Receiving prison sentences were defendants convicted of felony — * violent offenses (94%) * drug and weapon offenses (93%) * immigration offenses (90%) * public-order offenses (71%) * property offenses (60%). Among public-order offenders persons convicted of nonviolent sex offenses (96%) and escape (92%) were almost as likely to receive prison sentences as violent, drug, weapon, and immigration offenders. Among property offenders persons convicted of burglary(83%) were the most likely to receive prison sentences. Overall, 15% of convicted offenders were sentenced to probation. The percentage of misdemeanants sentenced to probation (46%) was over 4 times that of convicted felons (11%). Persons convicted of gambling violations were the most likely to receive probation (72%), followed by persons convicted of communication violations and larceny misdemeanors (70% and 69% respectively). While 4% of all convicted defendants were ordered to pay only a fine, 18% of the felons convicted of antitrust violations were so ordered. Fines were generally reserved for misdemeanor offenders, 29% of whom received fines. Average prison sentences imposed For all offenders sentenced to prison terms, the average term of imprisonment imposed was 59.7 months. Persons convicted of felonies received an average of 61.2 months. The average length of prison sentence length imposed varied among major felony offense categories: * violent offenses (96.2 months) * weapon offenses (84.3 months) * drug offenses (83.6 months) * public-order offenses (43.6 months) * property offenses (27.4 months) * immigration offenses (26.9 months). The average sentence length for felony offenses (61.2 months) was almost 11 times longer than average sentence length for misdemeanor offenses (5.6 months). Relationship between sentence imposed and mode of conviction During 2004 offenders convicted by trial were more likely to receive prison sentences than those who pleaded guilty. Seventy-seven percent of the offenders convicted by guilty plea received some prison time, while 88% of offenders convicted at trial received prison sentences. For violent offenders 93% of those convicted by plea received prison sentences, as did 96% of those convicted at trial. For property offenders 59% of those convicted by plea received prison sentences, compared to 86% of those convicted at trial. For public-order offenders 70% of those convicted by plea received sentences. In contrast, 94% of those convicted at trial went to prison. The average prison term imposed on defendants convicted at trial was almost three times longer than the term imposed on defendants convicted by plea. Defendants convicted at trial received 148.2 months on average (a median of 97 months), while those convicted by plea received an average of 56.2 months (a median of 36 months). Drug offenders convicted at trial received an average of 195.9 months as compared to 79.5 months for drug offenders convicted by a guilty plea. Violent offenders who went to trial received an average sentence of 177.5 months as compared to the 90.4 months for those convicted by guilty plea. Those convicted at trial for weapon offenses received, on average, 186.8 months compared to the 77.1 months for weapon offenders convicted by guilty plea. Chapter notes Tables 5.1-5.3 were generated from the AOUSC criminal master data files. Only records of defendants sentenced between October 1, 2003, and September 30, 2004, were selected. Offenses shown in these tables — offenses of conviction — are based on the longest actual sentence imposed Chapter 6 Appeals Discussion Tables October 1, 2003 – September 30, 2004 6Criminal appeals filed, by type of criminal case and offense Criminal appeals filed and criminal appeals terminated, by offense Criminal appeals terminated, by type of criminal case and offense Disposition of criminal appeals terminated, by offense Criminal appeals cases terminated on the merits, by offense Chapter notes Prior to implementation of the Sentencing Reform Act of 1984, only criminal convictions could be appealed. However, the Sentencing Reform Act provided for the appellate review of sentences imposed given that the sentence was — imposed in violation of the law, imposed as the result of an incorrect sentencing guideline application, outside the recommended guideline sentencing range, or imposed for an offense for which no sentencing guideline exists and is plainly unreasonable. Both the defendant and the Government have the right to appeal an imposed sentence.***18 U.S.C. sec 3742*** Appeals filed During 2004 the U.S. Court of Appeals received 12,517 criminal appeals, which was 5% more than the number filed in 2003. Of all appeals 5% were filed by the Government (not shown in a table). Eighty-seven percent of all appeals filed in 2004 were guidelines-based appeals. Thirteen percent of appeals filed were appeals of convictions for crimes committed before 1987, when the sentencing guidelines took effect. Fifty-eight percent of guideline-based appeals challenged both the conviction and the sentence imposed. Nearly three times as many appeals challenged only the sentence imposed as those that challenged only the conviction (30% versus 11%). The distribution of guideline-based appeals by type of appeal filed (sentence, conviction, or both) was relatively constant across the major offense categories underlying the appeal. Thirty-nine percent of all appeals filed (for which the offense is known) were for drug convictions. Comprising all appeals filed were appeals for — * weapon offense convictions (17%) * property offenses (16%) * immigration offenses (15%) * violent offenses (6%). Appeals terminated (tables 6.2-6.5) A total of 11,076 appeals terminated during 2004. Fifteen percent were appeals of convictions for offenses sentenced under laws in effect prior to the sentencing guidelines. The remaining 85% of appeals terminated were guidelines-based appeals. Of these — * 59% were appeals of both the conviction and sentence * 12% were appeals of the conviction only * 29% were appeals of the sentence only. In 40% of all appeals terminated in 2004 (for which the offense is known), drug offense convictions underlie the appeal. Also comprising appeals terminated were: * property or immigration offenses (16%) * weapon offenses (15%) * violent offenses (5%). Robbery offenses composed 36% and sexual abuse offenses composed 21% of the underlying offenses for appeals of a violent conviction. Sixty-eight percent of property offense appeals were for fraud convictions. Of the 11,076 appeals terminated during 2004, 73% were terminated on the merits, while the remainder were terminated on procedural grounds. An appeal terminated on the merits is an appeal that is terminated based on the factors of the case, not because of technical or procedural reasons. For appeals based on a conviction, 83% of immigration offense appeals and 78% of weapon offense appeals were terminated on the merits. Also terminated on the merits were — * 75% of violent offense appeals * 72% of drug offense appeals * 69% of property offense appeals. Within these major offense categories, 76% of appeals based on robbery convictions were terminated on the merits, as were 68% of fraud convictions. In most (80%) of the appeals terminated on the merits, the district court ruling was affirmed; and in another 4% it was partially affirmed. Among appeals terminated on merits, 87% of immigration appeals were affirmed, as were — * 82% of weapon appeals * 80% of drug appeals * 79% of violent appeals * 74% of property appeals. District court decisions were reversed or remanded back to the court in 8% of the cases. Property and public order offenses had the highest rates of reversal or being remanded back to the court (12% and 14%). Appeals were reversed or remanded for — 9% of weapon convictions 8% of violent convictions 7% of drug convictions 5% of immigration convictions. Overall, appeals were dismissed in 8% of cases. Among major offense categories the highest dismissal rates were for drug convictions (10%). Chapter notes Tables in chapter 6 were created from the AOUSC appeals database. Records of appeals filed or terminated during October 1, 2003, through September 30, 2004, were selected. Data include records of 12,517 criminal appeals filed during fiscal year 2004 and 11,076 appeals terminated during the same period. The unit of analysis in the appeals data is a single case. Most records in the appeals data report on a single appellant. Appeals were classified into the offense categories that represent the underlying offense of conviction. Offenses represent the statutory offense charged against a defendant in a criminal appeal. Offenses were classified by the AOUSC into their four-digit offense codes. These were then aggregated into the offense categories shown in the tables. Chapter 7 Corrections Discussion Tables October 1, 2003 - September 30, 2004 Federal offenders under supervision, by offense Characteristics of Federal offenders under supervision, by offense Outcomes of probation supervision, by offense Characteristics of offenders terminating probation supervision Outcomes of supervised release, by offense Characteristics of offenders terminating supervised release Outcomes of parole, by offense Characteristics of offenders terminating parole Chapter notes Federal offenders under supervision Post-conviction community supervision of Federal offenders is the responsibility of the Federal Probation System. United States probation officers serve as officers of the court and as agents of the U.S. Parole Commission. They are responsible for the supervision of all persons conditionally released to the community by the courts, the U.S. Parole Commission, the Federal Bureau of Prisons, and military authorities. Their supervision mission is "to execute the sentence, control risk, and promote law-abiding behavior."***Supervision of Federal Offenders (Monograph 109), Administrative Office of the U.S. Courts, Probation and Pretrial Services Division, 1993.*** The objectives of Federal supervision are to -- * enforce compliance with the conditions of release * minimize risk to the public * reintegrate the offender into a * law-abiding lifestyle. There are three major forms of Federal supervision: * probation (a sentence in its own right imposed by the court) * supervised release (a term of supervision that the court imposes to follow a * period of imprisonment) * parole (early release from prison at the discretion of the U.S. Parole Commission). As of the end of fiscal year 2004, there were 109,712 offenders under active Federal supervision, of which most (91%) were felons. Seventy-three percent of these offenders received one of two forms of post-incarceration supervision: supervised release (77,332) or parole (3,098). The remainder (29,282) were under probation supervision. Most of the probationer population had been convicted of either a property felony (38%) or some type of misdemeanor offense (31%). Fifty-four percent of offenders under supervised release and 40% of parolees had been convicted of a drug offense. Among the 109,712 offenders under active Federal supervision at the end of fiscal year 2004 -- * 78% were male * 61% were white * 80% were of non-Hispanic or Latino origin * 37% were over age 40 (compared to 31% who were between 31 and 40 years old and 32% who were 30 or younger) * 37% had a high school diploma only (compared to 31% who had at least some college and 33% who had less than a high school diploma) * 59% had no known drug history. Outcomes of offenders terminating supervision Probation — During 2004, 15,721 offenders concluded one or more terms of active probation: * 82% of offenders successfully completed their term of probation * 16% violated their conditions of probation * 2% were administrative closures. Of offenders terminating probation, about 5% committed a new crime. Most committed technical violations, including drug use (3%) or absconding (2%). Offenders convicted of violent offenses were more likely than others to terminate supervision with a violation. During 2004, 28% of probationers convicted of violent offenses violated their conditions of probation, as did -- * 22% of weapon offenders * 14% of both immigration and drug offenders * 13% of property offenders. Violent, immigration, and weapon probationers were also more likely to commit new crimes (8-9%) than were probationers convicted of property (5%) or drug (4%) offenses. Supervised release — During 2004, 32,930 offenders concluded terms of supervised release: * 62% of them successfully completed their term of supervised release * 23% committed technical violations, such as drug use(7%) or absconding (6%) * 14% of these offenders violated their supervision by committing a new crime * 2% had their supervision administratively terminated. Immigration and violent offenders were less likely than other offenders to complete a term of supervised release without a violation. Fifty-nine percent of immigration offenders and 55% of violent offenders violated conditions of supervised release, compared with 33% of drug and 31% of property offenders. Immigration offenders were also more likely to commit new crimes (36%) than offenders convicted of -- * weapon offenses (21%) * violent offenses (18%) * drug offenses (12%) * property offenses (11%). Parole — During 2004, 1,391 offenders concluded terms of parole: * 49% of them successfully completed their term of parole * 17% of them violated their supervision by committing a new crime * 26% committed technical violations, such as drug use (11%) or absconding (7%) * 6% completed their parole term through an administrative case closure. Offenders convicted of violent offenses were less likely than others to complete a term of parole without a violation. Fifty-seven percent of violent offenders violated conditions of parole, compared to -- * 46% of public-order offenders * 37% of property offenders * 34% of drug offenders. Violent and property offenders were also more likely to commit new crimes (23% and 18%, respectively) than offenders convicted of -- * weapon offenses (16%) * public-order offenses (14%) * drug offenses (13%). Characteristics of offenders terminating supervision Probation — Among offenders whose term of probation was concluded -- * 69% were male * 69% were white * 82% were not of Hispanic or Latino origin * 33% were less than age 31 (compared to 38% over age 40) * 25% had less than a high school diploma (compared to 37% whose highest education was a high school diploma and 38% who had at least some college education) * 88% had no known drug history. Younger offenders, those with a history of drug abuse and those with a lower educational background, had higher probabilities of violating the conditions of probation. Offenders ages 16 to 20 were more likely (37%) to violate conditions of supervision than probationers in other age groups — 22% of those ages 21 to 30 and 12% of those over age 30. Probationers with a history of drug abuse were 5 times more likely to violate probation for drug use than offenders who were not drug abusers. Probationers with known histories of drug abuse were also more likely to violate supervision for other reasons (fugitive status or new crimes) than were other probationers. Probationers with lower levels of education were more likely to violate the conditions of probation than those with higher levels of education. Violation rates were: * 22% among those who did not graduate high school * 17% among those whose highest education was a high school diploma * 11% among those with some college * 5% among those with a college degree. Supervised release — Among those who concluded a term of supervised release — * 83% were male * 62% were white * 77% were not of Hispanic or Latino origin * 26% were less than age 31 (39% were over age 40) * 38% had only some high school (36% whose highest education was a high school diploma and 25% had at least some college) * 51% had no known drug history. Younger offenders, those with a history of drug abuse, and those with a lower educational background had higher probabilities of violating the conditions of supervised release. Offenders under age 30 were more likely to violate conditions of supervision than offenders in other age groups — 53% of those under age 31 violated a condition of their supervision compared to 23% of those over age 40. Releasees with a history of drug abuse were nearly 4 times more likely to terminate their supervision for technical violations of drug use as were releasees who were not drug abusers. Releasees with known histories of drug abuse were also more likely to violate supervision with technical violations or new crimes. Similarly, releasees with lower levels of education were more likely to violate conditions of supervised release than those with higher levels of education. Violation rates were: * 44% among those who did not graduate from high school * 35% among those whose highest education was a high school diploma * 24% among those with some college * 10% among those with a college degree. Parole — Among those who concluded a term of parole — * 97% were male * 50% were black * 91% were not of Hispanic or Latino origin * 81% were over age 40 * 45% had only some high school (38% whose highest education was a high school diploma and 17% had at least some college) * 47% had no known drug history. Offenders with a history of drug abuse and those with a lower educational background had higher probabilities of violating the conditions of parole. Releasees with a history of drug abuse were more likely to terminate their supervision for technical violations of drug use than were releasees who were not drug abusers. Releasees with known histories of drug abuse were also more likely to violate by absconding or committing new crimes. Releasees with lower levels of education were usually more likely to violate conditions of parole than those with higher levels of education. Violation rates were: * 47% among those whose highest education was a high school diploma * 45% among those who did not graduate from high school * 32% among those with some college * 13% among those with a college degree. Chapter notes Offenders were classified according to their most serious offense at conviction. In cases involving multiple offenses, the AOUSC offense severity hierarchy was applied. The most serious offense was the one with the most severe penalty imposed. If equal prison terms were imposed, or there was no imprisonment, the offense with the highest severity code, as determined by the U.S. Title and Code Criminal Offense Citations Manual, was selected. Tables 7.1 and 7.2 were created using the probation, parole, and supervision data files of the Federal Probations Supervision Information System (FPSIS), which is maintained by the AOUSC. Yearend pending cases (that is, records with offenders who were under active supervision as of the end of the fiscal year, September 30, 2004) were selected. Corporate defendants were excluded from table 7.1. Tables 7.3-7.8 were created using the FPSIS data files as well. Only records with one or more terminations of active supervision during October 1, 2003, through September 30, 2004, were selected. Each termination was counted separately. Technical violations and terminations for new crimes are shown only if supervision terminated with incarceration or removal from active supervision for reasons of a violation. Corporate defendants were excluded from tables 7.3-7.8. Methodology The Federal justice database Source of data The source of data for all tables in this Compendium is the Bureau of Justice Statistics (BJS) Federal justice database. The database is presently constructed from source files provided by the U.S. Marshals Service, the Drug Enforcement Administration, the Executive Office for U.S. Attorneys, the Administrative Office of the U.S. Courts, the United States Sentencing Commission, and the U.S. Bureau of Prisons. The Administrative Office of the U.S. Courts, in addition to providing data describing defendants in cases processed by the Federal judiciary, provides data describing defendants processed by the Federal pretrial services agencies and the Federal probation and supervision service. Federal law prohibits the use of these files for any purposes other than research or statistics. A description of the source agency data files is provided in the table at the end of this section. Reporting period Wherever possible, matters or cases have been selected according to the event which occurred during fiscal year 2004 (October 1, 2003, through September 30, 2004). Files which are organized by their source agencies according to fiscal year nonetheless include some pertinent records in later years' files. For example, tabulations of suspects in matters concluded during fiscal year 2004 in this Compendium have been assembled from source files containing records of 2004 matters concluded which were entered into the data system during fiscal years 2004 or 2005. Availability of data items The availability of particular items of information is affected by the data source. For example, data on prosecutors' decisions prior to court filing are provided for cases investigated by U.S. attorneys but not for those handled by other litigating divisions of the U.S. Department of Justice. Criminal Division cases enter the data base once they are filed in U.S. district court, however. Table construction and interpretation The tables presented report events that occurred during the Federal fiscal year — October 1, 2003 - September 30, 2004. Generally the tables include both individual and organizational defendants. Organizational defendants are not included in tables describing defendants sentenced to incarceration, and offenders under post-conviction supervision. Juvenile offenders who are charged as adults are included in the reported statistics. Unit of analysis The unit of analysis in chapters 1 through 6 is a combination of a person (or corporation) and a matter or case. For example, if a single person is involved in three different criminal cases during the time period specified in the table, he or she is counted three times in the tabulation. Similarly, if a single criminal case involves a corporate defendant and four individual defendants, it counts five times in the tabulation. In chapter 7 the unit of analysis for incarceration, probation, parole, or other supervised release is a person entering custody or supervision, a person leaving custody or supervision, or a person in custody or supervision at year-end. For example, a person convicted in two concurrent cases and committed once to the custody of the Federal Bureau of Prisons in the indicated time period is counted as one admission to a term of incarceration. A person who terminates probation twice in the indicated time period, such as with a violation and again after reinstatement, is counted as two terminations of probation. Interpretation The tables in the Compendium are constructed to permit the user to make valid comparisons of numbers within each table and to compare percentage rates across tables. The total numbers of subjects in Compendium tables that are based on records linked between two files (for example, the demographic tables in chapters 4 and 5) are generally less than the total number of records in either source file. Accordingly, comparisons of absolute numbers across two or more tables in this volume and other data sources are not necessarily valid. Offense classifications Procedure The offense classification procedure used in this Compendium is based on the classification system followed by the Administrative Office of the U.S. Courts. Specific offenses are combined to form the BJS categories shown in the Compendium tables.***These categories correspond to the Bureau of Justice Statistics crime definitions and, to the extent possible, are organized and presented consistent with BJS publications on State criminal justice systems.*** Offense categories for Federal arrestees in chapter 1 are based on the FBI's National Crime Information Center (NCIC) offense classifications, which are converted into U.S. Marshals' four-digit offense codes, which, in turn, are aggregated into the offense categories shown in the tables. These categories are similar, but may not be directly comparable, to the BJS offense categories used in other chapters of this Compendium. For data from the Executive Office for U.S. Attorneys, which include United States Code citations but do not include the Administrative Office offense classifications, United States Code titles and sections are translated into the Administrative Office classification system and then aggregated into the offense categories used in the tables. Offense categories for prisoners in chapter 7 are based on combinations of offense designations used by the Bureau of Prisons. They are similar to the categories in other chapters and other tables in chapter 7, but may not be directly comparable. Felony/misdemeanor distinctions Felony and misdemeanor distinctions are provided where possible. Felony offenses are those with a maximum penalty of more than 1 year in prison. Misdemeanor offenses are those with a maximum penalty of 1 year or less. Felonies and misdemeanors are further classified using the maximum term of imprisonment authorized. Section 3559, U.S. Code, Title 18 classifies offenses according to the following schedule: Felonies Class A felony — life imprisonment, or if the maximum penalty is death. Class B felony — 25 years or more. Class C felony — less than 25 years but more than 10 years. Class D felony — less than 10 years but more than 5 years. Class E felony — less than 5 years but more than 1 year. Misdemeanors Class A misdemeanor — 1 year or less but more than 1 month. Class B misdemeanor — 6 months or less but more than 30 days. Class C misdemeanor — 30 days or less but more than 5 days. Infraction — 5 days or less, or if no imprisonment is authorized. In this Compendium felony and misdemeanor distinctions are provided where the data permit these distinctions. Chapters 1 and 2 do not use this distinction because many suspects cannot be so classified at the arrest and investigation stages in the criminal justice process. Chapter 3 no longer reports this distinction because the Pretrial Services Agency no longer gathers this information. Chapters 4 and 5 distinguish between felony and misdemeanor offenses, as do tables 7.1, 7.3, 7.5, and 7.7. Tables 7.9, and 7.11–7.14 follow the convention of other BJS publications by separately tabulating offenders whose actual imposed sentences are less than or equal to 1 year and those whose actual sentences are greater than 1 year. Most serious offense selection Where more than one offense is charged or adjudicated, the most serious offense (the one that may or did result in the most severe sentence) is used to classify offenses. The offense description may change as the criminal justice process proceeds. Tables indicate whether investigated, charged or adjudicated offenses are used. In chapter 2 the most serious offense is based on the criminal lead charge as determined by the assistant U.S. attorney responsible for the criminal proceeding. In chapter 3 the major charged offense is based upon the Administrative Office's offense severity classification system, as determined by the pretrial officer responsible for the case. To select this offense, the officer ranks offenses according to severity based on maximum imprisonment, type of crime, and maximum fines. In chapter 4 the most serious offense charged is the one that has the most severe potential sentence. For chapter 5 conviction offenses are based on statutory maximum penalties. In chapter 6 offenses are classified by the offense of conviction. In tables 7.1–7.8, the most serious offense of conviction is either the one having the longest sentence imposed or, if equal sentences were imposed or there was no imprisonment, the offense carrying the highest severity code as determined by the Administrative Office's offense severity code ranking. In tables 7.9–7.16, prisoners are classified according to the offense that bears the longest single incarceration sentence. Offense categories For offense categories in all text tables, the following conditions apply: "Murder" includes nonnegligent manslaughter. "Sexual abuse" includes only violent sex offenses. "Fraud" excludes tax fraud. "Larceny" excludes transportation of stolen property. "Other property felonies" excludes fraudulent property offenses and includes destruction of property and trespass. "Tax law violations" includes tax fraud. "Obscene material" denotes the mail or transport thereof. "Wildlife" includes offenses previously included in the "Migratory birds" category. "Environmental" includes some offenses previously included in the "Agriculture" and "Other Regulatory" categories. "All other offenses" includes felonies with unknown or unclassifiable offense type. "Misdemeanors" includes misdemeanors, petty offenses, and unknown offense levels. "Drug possession" also includes other drug misdemeanors. Glossary Acquittal — legal judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt of the charges against him. Administrative case closure — The termination of a community supervision case due to administrative reasons such as: long-term hospitalization, death, deportation, incarceration in an unrelated case, or at the administrative discretion of the Chief Probation Officer. Affirmed — in the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. Agriculture violations — violations of the Federal statutes on agriculture and conservation: for example, violations of the Agricultural Acts, Insecticide Act, and the Packers and Stockyards Act, 1921; also violations of laws concerning plant quarantine and the handling of animals pertaining to research (7 U.S.C., except sections on food stamps (fraud); also 16 U.S.C. sections relating generally to violations in operating public parks, such as trespassing for hunting, shooting, and fishing). Antitrust violations — offenses relating to Federal antitrust statutes, which aim to protect trade and commerce from unlawful restraints, price fixing, monopolies (for example, 15 U.S.C. secsec 1, 3, 8, 20, and 70(i)), and discrimination in pricing or in furnishing services or facilities (15 U.S.C. secsec 13(c) and 13(e)). Appeal — a review by a higher court of a judgment or decision of a lower court. Appeals, U.S. Court of — an intermediate Federal court, inferior to the U.S. Supreme Court, but higher than the U.S. district court. The function of the U.S. court of appeals is to review the final decisions of the district courts, if challenged. There are 13 courts of appeal in the Federal system representing the 12 judicial circuits and the Federal circuit (28 U.S.C. sec 41). Appellant — the party which takes an appeal from one court or jurisdiction to another; opposite of appellee. Appellee — the party against whom the appeal is taken; opposite of appellant. Arson — willfully or maliciously setting, or attempting to set, fire to any property within the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C. sec 7 (18 U.S.C. sec 81; and 49A U.S.C. secsec 1804 and 1809). (See also, "Explosives.") Assault — intentionally inflicting or attempting or threatening to inflict bodily injury to another person. Applies to anyone within the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C. sec 7, or to any Government official, foreign official, official guest, internationally protected person, or any officer or employee of the United States designated in 18 U.S.C. sec 1114 (for example, 16 U.S.C. secsec 1857(e) and 1859; 18 U.S.C. secsec 111(a), 112(b), 113(c)(e), 114, 115(c), 351(d)(e), 372, 373, 1502, 1751(c), 1959, 2118(c), and 2231(a); 21 U.S.C. secsec 461(c), 675(b), and 1041(c); 26 U.S.C. secsec 7212(a)(b); 29 U.S.C. sec 1141; 46 U.S.C. sec 701; and 49A U.S.C. sec 1472(k)); also certain violations of the Fair Housing Act of 1968 (42 U.S.C. secsec 3610 and 3631). Bail — the sum of money promised as a condition of release, to be paid if a released defendant defaults (18 U.S.C. sec 3142©)). Booking — a procedure following an arrest in which information about the arrest and the suspect is recorded. Bribery — offering or promising anything of value with intent to unlawfully influence a public official in the discharge of official duties. Applies generally to bank employees, officers or employees of the U.S. Government, witnesses, or any common carrier. Includes soliciting or receiving anything of value in consideration of aiding a person to obtain employment in the U.S. Government. Also, receiving or soliciting any remuneration, directly or indirectly, in cash or any kind in return for purchasing, ordering, leasing, or recommending to purchase any good, service, or facility (18 U.S.C. secsec 201(a), 203(a)(b), 204, 207(a)(c), 208, 210, 211, 213, 215, and 663; 21 U.S.C. sec 622; 46 U.S.C. sec 239(i); and 49 U.S.C. secsec 104, 917(b), and 11904(b)). Burglary — breaking and entering into another's property with intent to steal within the special maritime and territorial jurisdiction of the United States, as defined in 18 U.S.C. sec 7. Includes breaking and entering into any official bank, credit union, savings and loan institution, post office, vessel or steamboat assigned to the use of mail service, or personal property of the United States; or breaking the seal or lock of any carrier facility containing interstate or foreign shipments of freight or express (18 U.S.C. secsec 2111, 2113(a), and 2115-17). Career offender — defendants are counted as career offenders if they are at least 18 years old at the time of the instant offense, if the instant offense of conviction is a felony — that is either a crime of violence or a drug crime — and if they have at least two prior felony convictions of either a crime of violence or a drug crime. Case — in this Compendium, a judicial proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed; any proceeding judicial in its nature. Civil rights — violations of civil liberties such as the personal, natural rights guaranteed and protected by the Constitution. Includes the Civil Rights Acts, such as those enacted after the Civil War, and more recently in 1957 and 1964. Collateral bond — an agreement made by a defendant as a condition of his or her pretrial release that requires the defendant to post property valued at the full bail amount as an assurance of his or her intention to appear at trial. Communication — violations covering areas of communication such as the Communications Act of 1934 (including wire tapping and wire interception). A communication is ordinarily considered to be a deliberate interchange of thoughts or opinions between two or more persons. Community confinement — a form of commitment either as a substitute for Federal imprisonment or as a condition of probation in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility; and participation in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facility-approved programs during nonresidential hours. Under the Federal sentencing guidelines, community confinement may be a substitute for imprisonment on a day-to-day basis for defendants with a guideline maximum of less than 16 months of imprisonment. (See also, U.S.S.G. sec 5C1.1(e).) Commutation of sentence — the act of reducing a Federal criminal sentence resulting from a conviction by the executive clemency of the President of the United States. Complaint — a written statement of the essential facts constituting the offense charged, with an offer to prove the fact, so that a prosecution may be instituted. The complaint can be "taken out" by the victim, the police officer, the district attorney, or other interested party. Concurrent sentence — a sentence imposed which is to be served at the same time as another sentence imposed earlier or during the same proceeding (18 U.S.C. sec 3584). (See also, "Consecutive sentence.") Conditional release — in this Compendium, at the pretrial stage, a conditional release is release from detention contingent on any combination of restrictions that are deemed necessary to guarantee the defendant's appearance at trial or the safety of the community (see text in Chapter 2 of this Compendium.) Consecutive sentence — a sentence imposed that will follow another sentence imposed earlier or during the same proceeding; opposite of concurrent sentence. Conspiracy — an agreement by two or more persons to commit or to effect the commission of an unlawful act or to use unlawful means to accomplish an act that is not in itself unlawful; also any overt act in furtherance of the agreement. A person charged with conspiracy is classified under the substantive offense alleged. Continuing criminal enterprise — a felony committed as part of a continuing series of violations, which is undertaken by a person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources (21 U.S.C. sec 848©)). Conviction — the result of a criminal trial which ends in a judgment that the defendant is guilty. The final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, but does not include a final judgment which has been expunged by pardon, reversed, set aside, or otherwise rendered invalid. Corporate defendant — the defendant in a case is an entity, a collection of persons, business or corporation, not an individual person. Corporate surety — in this Compendium, a surety; one who has entered into a bond to give surety for another; for example, bail bondsman. As a condition of his or her release, the defendant enters into an agreement that requires a third party such as a bail bondsman to promise to pay the full bail amount in the event that the defendant fails to appear. (See also, "Surety bond.") Counterfeiting — falsely making, forging, or altering obligations with a view to deceive or defraud, by passing the copy or thing forged for that which is original or genuine. Applies to obligation or security of the United States, foreign obligation or security, coin or bar stamped at any mint in the United States, money order issued by the Postal Service, domestic or foreign stamp, or seal of any department or agency of the United States. Includes passing, selling, attempting to pass or sell, or bringing into the United States any of the above falsely made articles. Also, making, selling, or possessing any plates or stones (or any other thing or instrument) used for printing counterfeit obligations or securities of the United States, foreign obligations or securities, Government transportation requests, or postal stamp; or knowingly and intentionally trafficking in falsified labels affixed to phono records, motion pictures, or audio visual works (for example, 18 U.S.C. secsec 471, 473, 477, 479, 481, 485, 487, 501, 507, 509, 513(b), 2318, and 2320). Courts — See "Appeals, U.S. Court of" and "District court, U.S." Pursuant to Article III of the Constitution, judicial power is vested in the following Federal Courts: The U.S. Supreme Court, the U.S. Court of Appeals for the District of Columbia, and the U.S. district court for the District of Columbia. Criminal career — the longitudinal sequence of crimes committed by an individual offender. Criminal history category — under the Federal sentencing guidelines, a quantification of the defendant's prior criminal record and the defendant's propensity to recidivate. Guideline criminal history categories range from Category I (primarily first-time offenders) to Category VI (career criminals). Custom laws — violations regarding taxes which are payable upon goods and merchandise imported or exported. Includes the duties, toll, tribute, or tariff payable upon merchandise exported or imported. Deadly or dangerous weapon — an instrument capable of inflicting death or serious bodily injury. Declination — the decision by a prosecutor not to file a case in a matter received for investigation. In this Compendium, immediate declinations (that is, where less than 1 hour of time is spent on a case) are excluded. Defendant — the party against whom relief or recovery is sought in an action or suit, or the accused in a criminal case. Departure — under the Federal sentencing guidelines, the term used to describe a sentence imposed outside the applicable guideline sentencing range. A court may depart when it finds an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described (18 U.S.C. sec 3553(b); U.S.S.G. sec 5K2.0). (See also, "Substantial assistance.") Deportation or Treaty Transfer — the act of expelling a foreigner from a country, usually to the country of origin due to the commission of a crime — or prior criminal record. Deposit bond — an agreement made by a defendant as a condition of his or her release that requires the defendant to post a fraction of the bail before he or she is released. Detainer — a notification sent by a prosecutor, judge, or other official (such as, law enforcement officer) advising a prison official that a prisoner is wanted to answer criminal charges and requesting continued detention of the prisoner or notification of the prisoner's impending release. Detention — the legally authorized confinement of persons after arrest, whether before or during prosecution. Only those persons held 2 or more days are classified as detained in this Compendium. Dismissal — termination of a case before trial or other final judgment (including nolle prosequi and deferred prosecution). Disposition — the decision made on a case brought before a criminal court. Distribution — delivery (other than by administering or dispensing) of a controlled substance (21 U.S.C. sec 802(6)). The term "controlled substance" means any drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of subchapter I of Chapter 13 (title 21). The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986. District court, U.S. — trial courts with general Federal jurisdiction over cases involving Federal laws or offenses and actions between citizens of different States. District of Columbia — the jurisdiction of the U.S. district court for the District of Columbia. This Compendium includes Federal offenses prosecuted in U.S. district courts, and except for tables based on data from the Bureau of Prisons, excludes violations of the District of Columbia Code and cases prosecuted in the District of Columbia Superior Court. Drug offenses — offenses under Federal or State laws prohibiting the manufacture, import, export, distribution, or dispensing of a controlled substance (or counterfeit substance), or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense. Also using any communication facilities which causes or facilitates a felony under title 21, or furnishing of fraudulent or false information concerning prescriptions as well as any other unspecified drug-related offense. (See also, "Distribution," "Possession," and "Trafficking.") Dual and Successive Prosecution Policy ("Petite Policy") — Prosecutoral guidelines used to determine whether to bring a Federal prosecution based on substantially the same act(s) or transactions involved in a prior state or Federal proceeding. See Rinaldi v. United States, 434 U.S. 22, 27, (1977); Petite v. United States, 361 U.S. 529 (1960). Embezzlement — the fraudulent appropriation of property by a person to whom such property has been lawfully entrusted. Includes offenses committed by bank officers or employees; officers or employees of the Postal Service; officers of lending, credit, or insurance institutions; any officer or employee of a corporation or association engaged in commerce as a common carrier; court officers of the U.S. courts; or officers or employees of the United States. Also, stealing from employment and training funds, programs receiving Federal funds, and Indian tribal organizations; or selling, conveying, or disposing of any money, property, records, or thing of value to the United States or any department thereof without authority (for example, 15 U.S.C. sec 645(c); 18 U.S.C. secsec 153, 334, 642-57, 665(a)(b), 666(b), 1163, 1709, 1711, 1956, and 1957; 25 U.S.C. sec 450(d); 29 U.S.C. sec 502(b); and 42 U.S.C. secsec 1760, 2971, and 3220(b)). Environmental offenses — violations of Federal law enacted to protect the environment, such as the Clean Air Act (42 U.S.C. secsec 7401-7491), and the Clean Water Act (33 U.S.C. secsec 1251-1376). Environmental protection laws protect the safety and well-being of communities from excessive and unnecessary emission of environmental pollutants. Escape — departing or attempting to depart from the custody of a correctional institution; a judicial, correctional, or law enforcement officer; or a hospital where one is committed for drug abuse and drug dependency problems. Knowingly advising, aiding, assisting, or procuring the escape or attempted escape of any person from a correctional facility, an officer, or the above-mentioned hospital as well as concealing an escapee. Providing or attempting to provide to an inmate in prison a prohibited object; or making, possessing, obtaining, or attempting to make or obtain a prohibited object (as defined in 18 U.S.C. sec 1791 (d)(1)(A)). Instigating, assisting, attempting to cause, or causing any mutiny or riot at any Federal penal, detention, or correctional facility, or conveying into any of these institutions any dangerous instrumentalities (for example, 18 U.S.C. secsec 751(a)(b), 752(a), 753, 755-56, 1071, 1073, 1791(a)(c), (d)(1)(A), 1792, 3146(a)(b)(d), 3147 and 3615; 28 U.S.C. sec 1826; 42 U.S.C. secsec 261 and 3425; and 50 U.S.C sec 823). Exclusion — the rule that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial. Expiration of sentence — the completion of an offender's prison sentence by standard means (see Releases from prison). Explosives — violations of Federal law involving importation, manufacture, distribution, and storage of explosive material. Includes unlawful receipt, possession or transportation of explosives without a license (18 U.S.C. sec 842(a)), where prohibited by law (18 U.S.C. sec 842(c), or using explosives during commission of a felony (18 U.S.C. sec 844(h)). Also includes violations relating to dealing in stolen explosives (18 U.S.C. sec 842(h)), using mail or other form of communication to threaten an individual with explosives (18 U.S.C. sec 844(e), and possessing explosive materials at an airport (18 U.S.C. sec 844(g), and 49A U.S.C. §§ 1804 and 1809). (See also, "Arson" and 18 U.S.C. secsec 842(e)(g)(i)(k); and sec844(b).) Failure to appear — willful absence from any court appointment. Felony — a criminal offense punishable by death or imprisonment for a term exceeding 1 year. According to 18 U.S.C. sec 3559, felonies are classified into 5 grades based on maximum terms of imprisonment: Class A felony, if the maximum term is life imprisonment, or if the maximum penalty is death; Class B, if 25 years or more; Class C, if less than 25 years, but 10 years or more; Class D, if less than 10 years, but five or more years; and Class E, if less than 5 years, but more than 1. Filing — the initiation of a criminal case in U.S. district court by formal submission to the court of a charging document alleging that one or more named persons have committed one or more specified offenses. In this Compendium, each defendant in a case is counted separately, and only the most serious alleged offense is considered. Financial conditions — monetary conditions upon which release of a defendant before trial is contingent. Includes deposit bond, surety bond, and collateral bond. (See also, "Specific definitions.") Fine — a monetary penalty imposed as punishment for an offense. First release — in this Compendium, prisoners who are released from the Bureau of Prisons for the first time after their commitment by a U.S. district court (that is, excludes offenders who are returned to prison after their first release to supervision). Food and drug violations — violations of the Federal Food, Drug, and Cosmetic Act such as regulations for clean and sanitary movement of animals (21 U.S.C. sec 134(b)), adulteration or misbranding of any food or drug (21 U.S.C. sec 331(a)), failure to transmit information about prescription drugs (21 U.S.C. sec 331(o)), and intent to defraud and distribute adulterated material (21 U.S.C. sec 676). (See also, 18 U.S.C. sec 1365(b); 21 U.S.C. secsec 17, 22, 63, 115, 122, 126, 134(d), 142, 144, 151, 153, 155, 158, 201, 205, 209, 210, 212, 331(b)-(g), 331(i)-(n)(p)(t), 333(a), 458(a), 459, 460(a)-(d), 461(a), 463, 466, 610(a)(c), 611(a), 620, 642, 1037, 1041(a), and 1175.) Forgery — falsely making or materially altering a document with the intent to defraud. Includes such falsification with intent to pass off as genuine any of the following: U.S. Postal Service money order; postmarking stamp or impression; obligation or security of the United States; foreign obligation, security, or bank note; contractors' bond, bid, or public record; deed; power of attorney; letters patent; seal of a court or any department or agency of the U.S. Government; the signature of a judge or court officer; ships' papers; documents on entry of vessels; customs matters; coin or bar; and so forth. Also includes making, possessing, selling, or printing plates or stones for counterfeiting obligations or securities, and detaching, altering, or defacing any official, device, mark or certificate (for example, 18 U.S.C. secsec 483, 493, 495, 497, 503, 505, 510(a)(b), and 511; 19 U.S.C. § 1436; and 21 U.S.C. secsec 458(b)(c)). Fraud — unlawfully depriving a person of his or her property or legal rights through intentional misrepresentation of fact or deceit other than forgery or counterfeiting. Includes violations of statutes pertaining to lending and credit institutions, the Postal Service, interstate wire, radio, television, computer, credit card, veterans benefits, allotments, bankruptcy, marketing agreements, commodity credit, the Securities and Exchange Commission, railroad retirement, unemployment, Social Security, food stamp, false personation, citizenship, passports, conspiracy, and claims and statements, excluding tax fraud. The category excludes fraud involving tax violations that are shown in a separate category under "Public-order, other offenses." (See also, specific offenses in this glossary for citations.) Fraudulent property offenses — see "Property offenses, fraudulent." Fugitive — a person convicted or accused of a crime who hides from law enforcement or flees across jurisdictional lines to avoid arrest or punishment. Fugitive investigation — a fugitive investigation is initiated upon receipt of a warrant typically involving persons violating conditions of probation, parole, or bond release, as well as escaped prisoners. The U.S. Marshals Service has administrative responsibility for all Federal fugitive investigations. Gambling — the Federal offense of transporting, manufacturing, selling, possessing, or using any gambling device in the District of Columbia or any possession of the United States or within Indian country or the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C. sec 7. Includes transporting gambling devices in the jurisdiction of the United States (except under authority of the Federal Trade Commission or any State that has a law providing for their exemption from these provisions), transmitting wagering information in interstate or foreign commerce, interstate transporting of wagering paraphernalia, importing or transporting lottery tickets, or mailing lottery tickets or related matter (for example, 15 U.S.C. secsec 1173 and 1175; and 18 U.S.C. secsec 1082(a), 1084, 1302, 1956, and 1962). Good-time — time credited toward early release to an offender for good behavior in imprisonment. Under the 1984 Sentencing Reform Act, two classes of prisoners are ineligible to receive good-time credits: (1) misdemeanants serving a term of imprisonment of 1 year or less; and (2) felons serving life sentences. All other Federal prisoners receive a flat allocation of 54 days per year of sentence served; credit for a partial year remaining at the end of the sentence is prorated. The annual allotment does not change according to the length of time a Federal inmate already has spent in prison (18 U.S.C. sec 3624(b)). Guideline sentencing range — under the Federal sentencing guidelines, the range of imprisonment corresponding to the applicable guideline offense level and criminal history category. The guideline offense level incorporates any minimum terms of imprisonment required by statute as well as the statutory maximum term of imprisonment, where applicable. Guilty plea — a plea in response to formal charges admitting that the defendant committed offenses as charged. In this Compendium, this category also includes pleas of nolo contendere. Hispanic — ethnic category based on classification by reporting agency. Hispanic persons may be of any race. Home detention — a form of confinement and supervision either as a substitute for imprisonment or as a condition of probation that restricts the defendant to his place of residence continuously (except for authorized absences) and enforced by appropriate means of surveillance by the probation office. Under the Federal sentencing guidelines, home detention may be a substitute for imprisonment on a day-to-day basis for defendants with a guideline maximum sentence of less than 16 months imprisonment. (See also, U.S.S.G. sec 5C1.1.) Homicide — see "Murder." Immigration offenses — offenses involving illegal entrance into the United States, illegally reentering after being deported, willfully failing to deport when so ordered, willfully remaining beyond days allowed on conditional permit, or falsely representing oneself to be a citizen of the United States. Includes violations relating to provisions for special agricultural workers and to those relating to limitations on immigrant status (such as employment). Also includes bringing in or harboring any aliens not duly admitted by an immigration officer (for example, 8 U.S.C. secsec 1160, 1252(d), 1255, 1282(a), 1286, 1324-25, and 1326(a)). Incarceration — any sentence of confinement, including prison, jail, and other residential placements. Indeterminate sentence — a prison sentence whose maximum or minimum term is not specifically established at the time of sentencing (18 U.S.C. secsec 4205(b)(1)(2)). Indictment — the formal charging of the defendant with a particular crime by a grand jury. In the Federal system, a defendant may waive indictment and be proceeded against through an information. (See also, Fed. R. Crim. P. 7(b).) Information — the formal accusation charging the defendant with a particular crime but brought by the U.S. attorney rather than by the grand jury. Infraction — an offense for which the maximum term of imprisonment is 5 days or less, or where no imprisonment is authorized, according to 18U.S.C. '3559. Initial appearance/hearing — the first appearance of a criminal defendant before a judge or a magistrate. Instant offense — the offense of conviction and all relevant conduct under U.S.S.G sec 1B1.3. Intermittent confinement — a form of commitment, in a prison or jail, either as a substitute for imprisonment or as a condition of probation. Under the Federal sentencing guidelines, intermittent confinement may be a substitute for imprisonment (each 24 hours of intermittent confinement is credited as 1 day of incarceration) for defendants with a guideline maximum of less than 16 months imprisonment. (See also, U.S.S.G. sec 5C1.1.) Jail credit — the number of days deducted from an offender's sentence for time spent in custody prior to being sentenced to prison. Jurisdictional offenses — acts that are Federal crimes because of the place in which they occur (such as on an aircraft, on Federal land or property) and for certain crimes on Indian reservations or at sea, but which cannot be classified in a more specific substantive category. Juvenile — a person who has not attained the age of 18 years; or for the purposes of a juvenile delinquency hearing, a person who has not attained the age of 21 years (18 U.S.C. sec 5031). Juvenile delinquency — a violation of Federal law committed by a person prior to the age of 18 years that would have been a crime if committed by an adult (18 U.S.C. sec 5031). Kidnapping — unlawfully seizing any person as defined in 18 U.S.C. sec 1201 for ransom or reward, except in the case of a minor by a parent. Includes receiving, possessing, or disposing of any money or other property that has been delivered as ransom or reward in connection with a kidnapping as well as conspiring to kidnap. Also, includes kidnapping or attempting to kidnap any Government official, the President of the United States, the President-elect, the Vice President, any foreign official, any official guest, or any internationally protected person. (See also, 18 U.S.C. sec 351(b); and hostage taking as defined in 18 U.S.C. sec 1203.) Labor law violations — violations of, for example, the Fair Labor Standards Act of 1938 and the Taft-Hartley Act, which govern a broad spectrum of activities relating to labor-management relations (for example, 29 U.S.C. secsec 186(a), 461(a), 463, 1021(b), 1022, 1023(b)(d), 1024(a)(c), 1027, 1111(a)(b), 1112(c), 1811, 1816, 1821 and 1851). Larceny — the act of taking and carrying away any personal property of another with intent to steal or convert it to one's own use or gain. Includes stealing, possessing or illegally selling or disposing of anything of value to the United States or any of its departments or agencies; or stealing from a bank, the Postal Service, or any interstate or foreign shipments by carrier. Also encompasses receiving or possessing stolen property or pirate property; and stealing or obtaining by fraud any funds, assets, or that belong to, or are entrusted to, the custody of an Indian tribal organization (for example, 18 U.S.C. secsec 641, 659, 661-62, 667, 1168(a), 1704, 1707, and 2113(b)). (This offense category excludes the transportation of stolen property.) Liquor violations — violations of Internal Revenue Service laws on liquor, as well as violations of liquor laws not cited under these laws, such as dispensing or unlawfully possessing intoxicants in Indian country; transporting intoxicating liquors into any State, territory, district, or possession where sale is prohibited; shipping packages containing unmarked and unlabeled intoxicants; shipping liquor by C.O.D.; knowingly delivering a liquor shipment to someone other than to whom it has been consigned; and violating in any way the Federal Alcohol Administration Act (for example, 18 U.S.C. secsec 1154, 1156, 1263 and 1265; 26 U.S.C. secsec 5113, 5171(c), 5179, 5214, 5222, 5291, 5301(b), 5601, 5603(a), 5604, 5606, 5608(a), 5661(a), 5662, 5672, 5681(a)(c), 5683, 5685(b) and 5687; and 27 U.S.C. secsec 203, 205(f), 206(b) and 208(a)). Magistrates (U.S.) (Federal) — judicial officers appointed by judges of Federal district courts having many but not all of the powers of a judge. Magistrates are designated to hear a wide variety of motions and other pretrial matters in both criminal and civil cases. With consent of the parties, they may conduct civil or misdemeanor criminal trials. Magistrates, however, may not preside over felony trials or over jury selection in felony cases. Mailing or transportation of obscene materials — a violation of Federal law relating to knowingly using the mail for mailing obscene or crime-inciting matter, as defined in 18 U.S.C. sec 1461 and 39 U.S.C. sec 3001(e). Also includes transporting for sale or distribution, importing, or transporting any obscene matter in interstate or foreign commerce. (See also, 18 U.S.C. secsec 1462-63.) Major offense (while on conditional release) — allegation, arrest, or conviction of a crime for which the minimum sentence is incarceration for over 90 days or greater than 1 year on probation. (See also PACTS Statistical Reporting Guide, Version 1.0, Administrative Office of the U.S. Courts.) Mandatory sentences — a sentence that includes a minimum term of imprisonment that the sentencing court is statutorily required to impose barring the government's motion of substantial assistance. See, for example, 18 U.S.C. secsec 841 and 960, which provide for mandatory sentences ranging from 5 years imprisonment to life imprisonment depending on the quantity of drugs involved. Mandatory sentencing enhancement — a form of mandatory sentence in which the minimum term of imprisonment is to be imposed consecutive to any other term of imprisonment imposed. See, for example, 18 U.S.C. sec 924(c), which provides for a 5-year to lifetime enhancement for the use of a firearm during the commission of a crime; 18 U.S.C. sec 844(h), which provides for a 5-year enhancement for use of firearms or explosives during the commission of a crime; and 18 U.S.C. sec 929 which provides for a 5-year enhancement for the use of armor-piercing ammunition during the commission of a crime. Mandatory release — the release of an inmate from prison after confinement for a time period equal to his or her full sentence minus statutory good-time, if any. Federal prisoners released on mandatory release may still be subject to a period of post-release community supervision. Material witness — a person with significant information about the subject matter of a criminal prosecution necessary to resolve the matter. Matter — in this Compendium, a potential case under review by a U.S. attorney on which more than 1 hour is expended. Matters concluded — in this Compendium, matters about which a final decision has been reached by a U.S. attorney. Specifically includes matters filed as cases, matters declined after investigation, matters referred for disposition by U.S. magistrates, and matters otherwise terminated without reaching court. Migratory birds offenses — violations of acts relating to birds which move from one place to another in season. Includes taking, killing, or possessing migratory birds, or any part, nest, or egg thereof, in violation of Federal regulations or the transportation laws of the State, territory, or district from which the bird was taken. Also, misuse or non-use of a migratory-bird hunting and conservation stamp (for example, 16 U.S.C. secsec 690(g), 701, 703, 704-6, 707(b), 708, 711, and 718(a)(e)(g)). Minor offense (while on conditional release) — conviction of a crime for which the maximum sentence is incarceration for 90 days or less, probation of 1 year or less, or a fine of $500 or less. (See also, PACTS Statistical Reporting Guide, Version 1.0, Administrative Office of the U.S. Courts.) Misdemeanor — a criminal offense punishable by a jail term not exceeding 1 year and any offense specifically defined as a misdemeanor by the Administrative Office of the U.S. Courts for the purposes of data collection. According to 18 U.S.C. sec 3559, misdemeanors are classified in 3 letter grades, based on the maximum terms of imprisonment: Class A, if 1 year or less, but more than 6 months; Class B, if 6 months or less, but more than 30 days; and Class C, 30 days or less, but more than 5 days. (This category includes offenses previously called minor offenses that were reclassified under the Federal Magistrate Act of 1979.) Mistrial — the termination of a trial before its normal conclusion because of a procedural error, statements by a witness, judge or attorney which prejudice a jury, a deadlock by a jury without reaching a verdict after lengthy deliberation (a "hung" jury), or the failure to complete a trial within the time set by the court. Mixed sentence — a sentence requiring the convicted offender to serve a term of imprisonment, followed by a term of probation. Unless otherwise noted, offenders receiving mixed sentences are included in both incarceration and probation categories. Most serious offense — in this Compendium, the offense with the greatest potential sentence; or with respect to tables describing Federal prisoners, the offense with the greatest imposed sentence (for example, prison data in Chapter 6). Motor carrier violations — violations of the Federal statutes relating to the Motor Carrier Act, which regulates (routes, rates) of motor carriers of freight and passengers in interstate commerce. The Act is administered by the Interstate Commerce Commission (for example, 15 U.S.C. secsec 1984, 1986, 1988 and 1990; 49 U.S.C. secsec 117(a), 301(f), 303(f), 322(a)(d), 411, 526, 917(f), 1021(b)(f), 11703, 11903(a), 11904, 11907, 11909(a), 11909(c), 11910, 11913, and 11914; and 49A U.S.C. sec 120). Motor vehicle theft — interstate or foreign transporting, receiving, concealing, storing, bartering, selling, or disposing of any stolen motor vehicle or aircraft (for example, 18 U.S.C. secsec 2119, 2313, and 2322; and 49A U.S.C. sec 1472(I)). Murder — the unlawful killing of a human being with malice aforethought, either express or implied. Nonnegligent manslaughter is the unlawful killing of a human being without malice. This offense covers committing or attempting to commit murder (first or second degree) or voluntary manslaughter within the special maritime and territorial jurisdiction of the United States (18 U.S.C. sec 7). Includes killing or attempting to kill any Government official, the President of the United States, the President-elect, the Vice President, any officers and employees of the United States, any foreign officials, any official guests, or any internationally protected persons. As applied to the owner or charterer of any steamboat or vessel, knowingly and willfully causing or allowing fraud, neglect, misconduct, or violation of any law resulting in loss of life (18U.S.C. secsec 113(a), 115(a), 1111-13, 1115, 1117, 1512(a)(1), 1751(a), and 2332(b)). National defense violations — violations of the national defense laws on the Military Selective Service Act, the Defense Production Act of 1950, the Economic Stabilization Act of 1970 (which includes prices, rents, and wages), the Subversive Activities Control Act, alien registration, treason (including espionage, sabotage, sedition, and the Smith Act of 1940); also violations relating to energy facilities, curfew and restricted areas, exportation of war materials, trading with an enemy, illegal use of uniform and any other violations of the Federal statutes concerning national defense (for example, 8 U.S.C. secsec 1304(e) and 1306(b)(d); 10 U.S.C. secsec 976 and 2408; 18 U.S.C. secsec 703, 705, 711, 713, 792, 794, 797, 799, 953, 961, 965, 967, 970, 1366(a), 1382, 2152, 2153(b), 2154(b), 2155(b), 2156(b), 2382, 2384, 2386, 2388(a)(c), and 2390; 22 U.S.C. secsec 253, 286, 447, 447(c), 450, 455, 612, 614(b)(f), 617, 1178(c), 1182, 1199, 1978(c), 2778(b), 4198, 4202 and 5113(c); 42 U.S.C. secsec 2274(b), 2276, 2278(b) and 2384(b); and 50A U.S.C. §§ 2, 3(a)(c), 16, 167, 210, 322, 324, 326, 328, 421(a)(c), 462, 468(b), 643(a), 781, 783(b)(d), 789, 794, 797, 851, 1152, 1705, 1436(e), 1809(c), 2062, 2071(b), 2073, 2405(a)(b), and 2410(b)). Negligent manslaughter — causing the death of another, within the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C. sec 7, by wanton or reckless disregard for human life. Also negligent manslaughter of any Government official, the President of the United States, the President-elect, the Vice President, any officers and employees of the United States, any foreign officials, any official guests, or any internationally protected persons. This offense category also includes misconduct, negligence, or inattention to duties by ship officers on a steamboat or vessel resulting in death to any person (18 U.S.C. sec 1112). New law— In this Compendium defendants convicted and sentenced pursuant to the Sentencing Reform Act of 1984. (See also "Old law.") Nolle prosequi — Latin for "we shall no longer prosecute," the statement is an admission by the prosecutor that the charges cannot be proved or that evidence has demonstrated the defendant's innocence. Nolo contendere — defendant's plea in a criminal case indicating that he or she will not contest charges, but not admitting or denying guilt. Non-citizen — a person who is without U.S. citizenship, including legal aliens (for example, resident aliens, tourists, and refugees/asylees)and illegal aliens. Non-jury trial — a trial in which the judge alone decides factual as well as legal questions, and makes the final judgment. Nonviolent sex offenses — transporting, coercing, or enticing any individual (including minors) to go from one place to another in interstate or foreign commerce, in the District of Columbia, or in any territory or possession of the United States with the intent and purpose to engage in prostitution, or any sexual activity for which any person can be charged with a criminal offense (8 U.S.C. sec 1328 and 18 U.S.C. secsec 1460, 1466, 2251-52, 2257, 2421 and 2423). Not convicted — acquittal by bench or jury trial, mistrial, and dismissal (including nolle prosequi and deferred prosecution). Not guilty — plea entered by the accused to a criminal charge. If the defendant refuses to plead, the court will enter a plea of not guilty. Also the form of a verdict in a criminal trial where the jury acquits the defendant. Offense — violation of U.S. criminal law. In this Compendium, where more than one offense is charged, the offense with the greatest potential penalty is reported. Offense level — under the Federal sentencing guidelines, a quantification of the relative seriousness of the offense of conviction and any offense-specific aggravating or mitigating factors. Guideline offense levels range from level 1 (the least serious offense) to level 43 (the most serious offense). Old law — in this Compendium, defendants convicted and sentenced pursuant to laws applicable before the Sentencing Reform Act of 1984. (See also, "New law.") Parole — period of supervision after release from custody before the expiration of sentence. The U.S. Parole Commission is empowered to grant, modify or revoke the parole of all Federal offenders. Pursuant to the Sentencing Reform Act of 1984, parole was abolished and defendants are required to serve the imposed sentence (less 54 days per year good-time for sentences greater than 1 year, but not life imprisonment), followed by a term of supervised release. Because of the number of Federal inmates sentenced under pre-Sentencing Reform provisions, the number of offenders on parole is declining. Perjury — a false material declaration under oath in any proceeding before or ancillary to any court or grand jury of the United States. Includes knowingly or willfully giving false evidence or swearing to false statements under oath or by any means procuring or instigating any person to commit perjury. This offense also includes any officers and employees of the Government listed under 13 U.S.C. secsec 21-25 who willfully or knowingly furnish, or cause to be furnished, any false information or statement (for example, 2 U.S.C. sec 192; 13 U.S.C. sec 213; 15 U.S.C. sec 2614; 18 U.S.C. Secsec 401, 402, 1504, 1506, 1508, 1510, 1512(b), 1513, and 1622; 28 U.S.C. sec 1866(g); 42 U.S.C. sec 5411; 43 U.S.C. sec 104; and 49A U.S.C. secsec 1472 (m)(o)). Personal recognizance — pretrial release condition in which the defendant promises to appear at trial and no financial conditions are required to be met. Petty offense — a Class B misdemeanor, a Class C misdemeanor, or an infraction with fines as specified in 18 U.S.C. secsec 3571. (See also, "Misdemeanor" and "Infraction.") Plea bargaining — practice whereby a defendant in a criminal proceeding agrees to plead guilty to a charge in exchange for the prosecution's cooperation in securing a more lenient sentence or some other mitigation. Pornographic — that which is of or pertaining to obscene literature; obscene, licentious. Material is pornographic or obscene if the average person, applying contemporary community standards, would find that the work taken as a whole appeals to the prurient interest; and if it depicts in a patently offensive way sexual conduct; and if the work taken as a whole lacks serious literary, artistic, political, or scientific value. (See Milla v. California, 113 U.S. 15 (1973).) Possession — offense involving the possession of a controlled substance, acquiring a controlled substance by misrepresentation or fraud, attempting or conspiring to possess, or simple possession of a controlled substance in schedules I-V (as defined by 21 U.S.C. sec 812). Includes possession of a controlled substance in schedule I or II, or a narcotic drug in schedule III or IV on board a vessel of the United States or vessels within custom waters of the United States, or by any citizen of the United States on board a vessel. Also, possessing any punch, die, plate, stone, or any other thing designed to reproduce the label upon any drug or container is an offense under this category. Distributing a small amount of marijuana for no remuneration is treated as simple possession and, therefore, is included in this offense category (for example, 21 U.S.C. §§ 829 (a)(b)(c), 841(a)(b)(d)(g), 842(a)(c), 843(a), 844(a), 846, 955, and 962). Postal laws — offenses relating to the mail; pertaining to the post office. Presentence Investigation Report (PSR) — following a presentence investigation, a report to the court prepared by the probation officer before the imposition of sentence, as required by law; unless the court finds that there is information in the record sufficient to enable the meaningful exercise of sentencing authority pursuant to 18 U.S.C. sec 3553, and the court explains this finding on the record. Presentment — an accusation initiated by the grand jury itself, and in effect, an instruction that an indictment be drawn. Pretrial diversion — an agreement to defer (and possibly drop) prosecution conditioned on the defendant's good behavior and/or participation in programs (such as job training, counseling, education) during a stated period. Pretrial release — the release of a defendant from custody, for all or part of the time, before or during prosecution. The defendant may be released either on personal recognizance or unsecured bond or on financial conditions. The category includes defendants released within 2 days after arrest and defendants who were initially detained but subsequently released after raising bail or having release conditions changed at a subsequent hearing. Pretrial revocation — the decision to detain a defendant on pretrial release for violating conditions of release or committing a new crime. Preventive detention — the detention of a defendant awaiting trial for the purpose of preventing further misconduct. Probation — sentence imposed for commission of a crime whereby the convicted criminal offender is released into the community under the supervision of a probation officer in lieu of incarceration. An act of clemency available only to those found eligible by the court, probation offers a chance for reform and rehabilitation for the defendant. For this purpose, the defendant must agree to specified standards of conduct; violation of such standards subjects his liberty to revocation. Procedural termination — a judgment based on the methods and mechanics of the legal process, including all the rules and laws governing that process. Procedural law is distinguished from "substantive" law, which involves the statutes and legal precedents upon which cases are tried and judgments made. See also, "Administrative case closure" and "Terminated on the merits." Property offenses, fraudulent— property offenses involving the elements of deceit or intentional misrepresentation. Specifically includes embezzlement, fraud (excluding tax fraud), forgery, and counterfeiting. Property offenses, non-fraudulent— violent offenses against property: burglary, larceny, motor vehicle theft, arson, transportation of stolen property, and other property offenses (destruction of property and trespassing). These offenses are termed "non-fraudulent" only for the purpose of distinguishing them from the category "Property offenses, fraudulent," above. Property offenses, other — offenses that involve the destruction of property moving in interstate or foreign commerce in the possession of a common or contract carrier. Includes the malicious destruction of Government property, or injury to U.S. postal property such as mailboxes or mailbags. Trespassing on timber and Government lands is also included in this category of offenses (for example, 2 U.S.C. Sec 167(c)(g); 15 U.S.C. § 1281; 16 U.S.C. secsec 3, 45(d), 114, 121, 123, 152, 430(q), 433, 470, 478, 481, 551, and 605; 18 U.S.C. secsec 1164, 1361-62, 1364, 1852, 1854, 1856, 1858, 1860, 1863, 1864(c), and 2071(b); 40 U.S.C. secsec 193 (h)(q)(r)(s); 43 U.S.C. sec 316; and 47 U.S.C. secsec 13 and 22). Public-order offenses, non-regulatory— offenses concerning weapons; immigration; tax law violations (tax fraud); bribery; perjury; national defense; escape; racketeering and extortion; gambling; liquor; mailing or transporting of obscene materials; traffic; migratory birds; conspiracy, aiding and abetting, and jurisdictional offenses; and "other public-order offenses." These offenses are termed "non-regulatory" only for the purpose of distinguishing them from the category "Public-order offenses, regulatory" below. Public-order offenses, other — violations of laws pertaining to bigamy, disorderly conduct on the U.S. Capitol grounds, civil disorder, and travel to incite to riot (for example, 18 U.S.C. secsec 228, 231, 1367, and 1385; 40 U.S.C. secsec 193(b)(d)(g)(o)(p); and 47 U.S.C. secsec 223(a)(b)). Included in "Public-order offenses, non-regulatory." Public-order offenses, regulatory— violations of regulatory laws and regulations in agriculture, antitrust, labor law, food and drug, motor carrier, and other regulatory offenses that are not specifically listed in the category "Public-order offenses, non-regulatory." Racketeering and extortion — racketeering is demanding, soliciting, or receiving anything of value from the owner, proprietor or other person having a financial interest in a business, by means of a threat or promise, either express or implied. Extortion is the obtaining of money or property from another, without his consent, induced by the wrongful use of force or fear. This offense code covers using interstate or foreign commerce or any facility in interstate or foreign commerce to aid racketeering enterprises such as arson, bribery, gambling, liquor, narcotics, prostitution, and extortionate credit transactions; obtaining property or money from another, with his or her consent induced by actual or threatened force; violence, blackmail, or committing unlawful interference with employment or business; transmitting by interstate commerce or through the mail any threat to injure the property, the person, or the reputation of the addressee or of another; or kidnaping any person with intent to extort. Applies to officers or employees of the United States, or anyone representing himself or herself as such (for example, 18 U.S.C. secsec 831, 872, 874, 875(b)(d), 877, 878(b), 892, 894, 1365(d), 1952-53, 1955-60, 1962-63). Release Extraordinary release — unusual methods of prisoners exiting prison, such as death, commutation, and transfer to another facility. Standard release — the usual way prisoners exit prison, including full-term sentence expirations, expirations with good time, mandatory releases, and releases to parole. Remand — to send back. The act of an appellate court in sending a case back to the lower court for further action. Remove — transfer from Federal court (usually to a State court). Restitution — the action of restoring or giving back something to its proper owner or making reparations to one for loss or injury previously inflicted. Reversal — the act of an appellate court annulling a judgment of a lower court because of an error. Revocation — termination of a probation, parole, or mandatory release order because of either a rule violation or a new offense and forcing the offender to begin or continue serving his or her sentence. Robbery — taking anything of value from the person or presence of another by force or by intimidation, within the special maritime and territorial jurisdiction of the United States (18 U.S.C. secsec 7). Includes robbery of bank property, U.S. postal property, or personal property of the United States. Also, assaulting or putting the life of any person in jeopardy by the use of a dangerous weapon while committing or attempting to commit such robbery (for example, 18 U.S.C. secc 1661, 1991, 2112, 2113(c) (d), 2114, 2116, and 2118(a)). Rule 20 transfer — upon petition by a defendant, a transfer of proceedings to the district in which the defendant is arrested, when the defendant is arrested, held, or present in a district other than that in which an indictment or information is pending against him. In this case, the defendant may state in writing a wish to plead guilty or nolo contendere, to waive trial in the district in which the indictment or information is pending, and to consent to the disposition of the case in the district in which the defendant was arrested (Fed. R. Crim. P. 20). Rule 40 transfer — upon petition by the U.S. attorney, commitment to another district; transfer proceedings of a defendant arrested in a district for an alleged offense committed in another district (Fed. R. Crim. P. 40). Sentence — sanction imposed on a convicted offender. For sentences to incarceration, the maximum time the offender may be held in custody is reported. (See also, "Split sentence," "Mixed sentence," "Indeterminate sentence," and "Mandatory sentence.") Sentencing Guidelines (Federal) — guidelines established by the United States Sentencing Commission to be followed by the Federal courts in the sentencing of those convicted of Federal offenses. Established pursuant to the Sentencing Reform Act of 1984, the sentencing guidelines prescribe a range of sentences for each class of convicted persons as determined by categories of offense behavior and offender characteristics. Sexual abuse — rape, assault with intent to commit rape, and carnal knowledge of a female under 16 who is not one's wife, within the territorial and special maritime jurisdictions of the United States as defined in 18 U.S.C. sec 7 (for example, 22D U.S.C. sec 2801). Also includes cases of sexual abuse, including of a minor (18 U.S.C. secsec 2241(a) (c), 2242(2)(B), and 2243) and in Federal prisons (18 U.S.C. sec 2244(a)). Shock incarceration — an intense confinement program, consisting of a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony characteristic of military basic training. Special maritime and territorial jurisdiction — areas of Federal jurisdiction outside the jurisdiction of any State, including (1) the high seas, Great Lakes, and connecting waterways; (2) Federal lands; and (3) U.S.-owned aircraft in flight over the high seas (18 U.S.C. sec 7). Split sentence — See, "Mixed sentence." Stale — the case/matter is too old to support successful prosecution. Substantial assistance — a form of cooperation with the government in which the defendant provides the government with information, testimony, or other assistance relating to the criminal activities of other persons in exchange for a sentence reduction. Substantial assistance provides the only mechanism for judges to impose a sentence below an applicable mandatory sentence (U.S.S.G. 5K1.1 as codified at 18 U.S.C. sec 3553(e)). Supervised release — under the Sentencing Reform Act of 1984, a form of post-imprisonment supervision to be imposed by the court as a part of the sentence of imprisonment at the time of initial sentencing. Unlike parole, a term of supervised release does not replace a portion of the sentence of imprisonment, but rather is an order of supervision in addition to any term of imprisonment imposed by the court (compare also with probation). Surety bond — an agreement by the defendant as a condition of his or her release that requires a third party (usually a bail bondsman) to promise to pay the full bail amount in the event that the defendant fails to appear. Suspect — a person who is under investigation or interrogation as a likely perpetrator of a specific criminal offense. Tax law violations — tax fraud offenses, such as income tax evasion and fraud; counterfeiting any stamps with intent to defraud the collection or payment of tax; willfully failing to collect or pay tax; failure to obey summons to produce any papers concerning taxes; failing to furnish receipts for employees of tax withheld; failing to furnish information relating to certain trusts, annuity, and bond purchase plans; putting fraudulent or false statements on tax returns; and not obtaining a license for a business that makes a profit from foreign items. Also included in this offense category are violations of excise and wagering tax laws and any other laws listed below from the Internal Revenue Service Code (for example, 26 U.S.C. secsec 3402, 4412, 5751, 5762(a1), 6047(a)(c), 6331, 6420(e2), 6674, 7121, 7201, 7203(c), 7204, 7206(a)(c), 7208(a)(c), 7210, 7213(b), (d), 7214(b), 7216, 7232, 7513, 7602, and 7604(b)). Technical violation — failure to comply with any of the conditions of pretrial release, probation, or parole, excluding alleged new criminal activity. May result in revocation of release status. Examples of conditions that may be imposed and then violated include remaining within a specified jurisdiction or appearing at specified intervals for drug tests. Terminated on the merits — a judgment made after consideration of the substantive as distinguished from procedural issues in a case. See also, "Procedural termination." Termination — at the pretrial services stage: execution of sentence, acquittal, dismissal, diversion, or fugitive status; in the U.S. district court: conviction, acquittal, or dismissal; and at probation or supervised release: the removal of a person from supervision either for successful completion of the term of supervision or as the result of a revocation. Threats against the President — knowingly and willfully depositing in the mail, at any post office, or by any letter carrier a letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon the President, Vice President, or any other officer in order of succession to the Presidency. Knowingly and willfully making such threats in any way to the above-named people (18 U.S.C. sec 871). Time served — the portion of the imposed sentence that was spent in prison, from the prisoner's arrival into jurisdiction of the Bureau of Prisons until release from prison, plus any jail time served and credited. For prisoners serving concurrent sentences, time served may exceed the longest single sentence imposed. Traffic offenses — driving while intoxicated, or any moving or parking violations on Federal lands (for example, 40 U.S.C. sec 212(b)). Trafficking — knowingly and intentionally importing or exporting any controlled substance in schedule I, II, III, IV, or V (as defined by 21 U.S.C. Sec 812). Includes manufacturing, distributing, dispensing, selling, or possessing with intent to manufacture, distribute, or sell a controlled substance or a counterfeit substance; exporting any controlled substance in schedules I-V; manufacturing or distributing a controlled substance in schedule I or II for purposes of unlawful importation; or making or distributing any punch, die, plate, stone, or any other thing designed to reproduce the label upon any drug or container, or removing or obliterating the label or symbol of any drug or container. Also includes knowingly opening, maintaining or managing any place for the purpose of manufacturing, distributing, or using any controlled substance (for example, 19 U.S.C. sec 1590; 21 U.S.C. secsec 333(e), 825(a)-(d), 830(a), 841(a)-(b) (d)(e)(g), 842(a), 843(a)(b), 845, 846, 848, 854, 856, 858, 859(a)(b), 860(a), 861(c)(f), 952(a)(b), 953(a)(e), 957, 959, 960(a)(b)(d), 961, 962, and 963; and 46A U.S.C. secsec 1903(g) and (j)). Transportation — violations of the Federal statutes relating to the Motor Carrier Act, which regulates (routes, rates) motor carriers of freight and passengers in interstate commerce. Transportation of stolen property — transporting, selling, or receiving stolen goods, stolen securities, stolen moneys, stolen cattle, fraudulent State tax stamps, or articles used in counterfeiting, if the above articles or goods involve or constitute interstate or foreign commerce (18 U.S.C. secsec 2315, 2317). Trial conviction — conviction by judge or jury after trial. True bill — an indictment. United States — includes the outlying territories (Guam, Puerto Rico, Northern Marianas Islands, and the U.S. Virgin Islands) and the territory occupied by the 50 States and the District of Columbia. U.S. attorneys — all United States attorneys. Prosecutorial data in this Compendium come from the Central System and Central Charge Files of the Executive Office for U.S. Attorneys. Unsecured bond — an agreement by the defendant as a condition of his or her release in which the defendant agrees to pay full bond amount in the event of nonappearance at trial, but is not required to post security as a condition to release. Violation (of pretrial release, probation, or parole) — allegation of a new crime or a technical violation while on pretrial release, probation, or parole. Violent offenses — threatening, attempting, or actually using physical force against a person. Includes murder, negligent manslaughter, assault, robbery, sexual abuse, kidnaping, and threats against the President. (See also, specific offenses for citations.) Warrant — an order (writ) of a court that directs a law enforcement officer to arrest and bring a person before the judge, such as those charged with a crime, escaped Federal prisoners, or probation, parole, or bond default violators. Warrant clearance or execution — refers to the closing of a fugitive investigation. Warrants can be cleared or executed in many ways, such as with the arrest or surrender of a fugitive, dismissed by the court, or when a detainer is lodged against a fugitive already in custody (see Detainer). Warrant initiation — refers to the opening of a fugitive investigation upon receipt of a warrant. Weapons violations — violations of any of the provisions of 18 U.S.C. secsec 922 and 923 concerning the manufacturing, importing, possessing, receiving, and licensing of firearms and ammunition. Includes manufacturing, selling, possessing, or transporting (within any territory or possession of the United States, within Indian country, or within the special maritime and territorial jurisdiction of the United States) (18 U.S.C. secsec 7) any switchblade knife; or making, receiving, possessing, or transporting a firearm not registered in the National Firearms Registration Transfer Record. Also, engaging in importing, manufacturing, or dealing in firearms if not registered with the secretary in the Internal Revenue Service District in which the business is conducted or not having paid a special occupational tax. In addition, this code covers cases where in a crime of violence or drug trafficking enhanced punishment is handed down when committed with a deadly weapon (for example, 15 U.S.C. sec 1242; 18 U.S.C. secsec 922(a)(c)(e)(g) (i)(k)(m)(n) (q), 923, 924(a)(c)(f)(h) and 930; 26 U.S.C. secsec 5801, 5811, 5821, 5841, 5843, 5851, and 5861(b)(d)(h)(j)(l); 40 U.S.C. sec 193f(a); and 49A U.S.C. sec 1472(q)). Wildlife offenses — violations of Federal law enacted to protect endangered or threatened species, as well as migratory birds. The Endangered Species Act (16 U.S.C. Sec 1531(b)) makes it unlawful for any person to take, import, sell or ship endangered or threatened wildlife, and the Migratory Bird Treaty Act (16 U.S.C. secsec 703) protects migratory birds. The Lacey Act (16 U.S.C. sec 3372) prohibits the trade in illegally taken fish and wildlife. End of file 12/28/06 ih