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: <http://www.ojp.usdoj.gov/bjs/cfjs04.htm>. The
BJS-sponsored Federal Justice Statistics Resource Center
(FJSRC) Internet Home Page (available at <http://fjsrc.
urban.org>) 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 <http://fjsrc.urban. org>.

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, <http://www.usdoj.gov/bjs/
abstract/fleo04.html>.***  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 <http://www.dhs.gov>.***)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, <http://www.dea.gov/programs/taskforces.htm>
(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,
<http://www.usmarshals.gov/investigations/index.html>
(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 7.117.14 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 7.17.8, 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 7.97.16, 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
12/20/06 ih