U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

Compendium of Federal Justice Statistics, 2001


November 2003, NCJ 201627


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This report is one in a series.  More recent editions may
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Lawrence A. Greenfeld
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 98-BJ-CX-K015. 
Principal staff at the Urban Institute were Laura Winterfield, 
William Adams, Avi Bhati, Kamala Mallik Kane, Barbara
Parthasarathy, Juliet Scarpa, and Yan Yuan. David Williams 
produced the layout and design. Tom Hester 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), the Executive Office for U.S. Attorneys 
(EOUSA), and the Federal Bureau of Prisons (BOP). The staff 
who provided expert advice about the source records include: 
Joe Briggs (USMS); Steven Schlesinger and Catherine Whitaker 
(AOUSC); Siobhan Sperin and Barbara Tone (EOUSA); and Sue 
Allison and Nancy Miller (BOP).

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 may be found on
the BJS Internet website (http://www.ojp.usdoj.gov/bjs/). The
BJS-sponsored Federal Justice Statistics Resource Center (FJSRC) 
Internet website (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.

To order additional copies of this report or CD-ROM's containing 
the Federal justice database, call the OJP Clearinghouse at
1-800-851-3420.

Highlights 
Arrest
Prosecution
Pretrial release
Adjudication
Sentencing
Appeals
Corrections

Introduction 
Organization of the Compendium
Modifications in the 2001 Compendium
Notes to reader

System overview 

Chapter 1.  Arrests for Federal offenses 
Arrests by offense categories
Arrests by law enforcement agencies
Arrests by Drug Enforcement Administration
agents 
Arrests across demographic groups

Tables

Chapter notes

Chapter 2.  Prosecution 
U.S. attorneys' decisions
Suspects in matters received
Suspects in matters concluded

Tables 

Chapter notes 

Chapter 3.  Pretrial release 
Types of pretrial release
Factors relating to release or detention
Pretrial outcomes by offense categories
Pretrial outcomes across demographic
groups
Length of pretrial detention

Tables 

Chapter notes  

Chapter 4.  Adjudication,  
Defendants in criminal cases filed
Defendants in criminal cases terminated
Case processing times
Convictions by U.S. magistrates
Characteristics of convicted defendants

Tables  
Chapter notes 
Chapter 5.  Sentencing  
Offenders convicted and sentences imposed
Average prison sentences imposed
Relationship between sentence imposed 
and mode of conviction
Characteristics of offenders sentenced to prison

Tables 

Chapter notes 

Chapter 6.  Appeals

Appeals filed
Appeals terminated

Tables

Chapter notes

Chapter 7.  Corrections
Federal offenders under supervision
Outcomes of offenders completing
supervision
Characteristics of offenders completing
supervision
Admissions, releases, and
standing population of Federal prisoners
Federal prisoners: First releases and time served

Characteristics of Federal prisoners

Tables

Chapter notes

Methodology
The Federal justice database
Table construction and interpretation
Offense classifications
Source agencies for Compendium data tables

Glossary

Chapter 1.  Arrests for Federal offenses

October 1, 2000 - September 30, 2001

Suspects arrested for Federal offenses, by offense

Suspects arrested for Federal offenses and booked 
by U.S. Marshals Service, by Federal law enforcement
agency

Characteristics of Federal arrestees booked by U.S. 
Marshals Service

Characteristics of suspects arrested by Drug 
Enforcement Administration agents, by type 
of drug

Characteristics of suspects arrested by Drug 
Enforcement Administration agents, by weapon 
use at time of arrest

Chapter 2.  Prosecution

October 1, 2000 - September 30, 2001

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, 2000 - September 30, 2001

Type of pretrial release, by offense

Type of pretrial release, by defendant 
characteristics

Form of pretrial detention, by offense

Form of pretrial detention, by defendant 
characteristics

Pretrial detention hearing outcomes, by offense

Pretrial detention hearing outcomes, by defendant 
characteristics

Behavior of defendants released prior to trial, 
by offense

Behavior of defendants released prior to trial, 
by type of release

Behavior of defendants released prior to trial, 
by defendant characteristics

Length of pretrial detention, by form of release or 
detention, and most serious offense charged

Chapter 4.  Adjudication

October 1, 2000 - September 30, 2001

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

Characteristics of convicted offenders

Chapter 5.  Sentencing

October 1, 2000 - September 30, 2001

Sentence types in criminal cases terminated, 
by offense

Type and length of sentences imposed, by offense

Sentences imposed on convicted offenders, by offense 
of conviction and method of disposition

Convicted offenders sentenced to incarceration, by 
offense and offender characteristics

Average incarceration sentence lengths imposed, by 
offense and offender characteristics

Median incarceration sentence lengths imposed, by 
offense and offender characteristics

Chapter 6.  Appeals 
October 1, 2000 - September 30, 2001
   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 on the merits, by offense
   Criminal appeals cases terminated on
   the merits, by nature of offense

Chapter 7.  Corrections 

October 1, 2000 - September 30, 2001
   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

   Admissions and releases of Federal prisoners, 
   by offense

   Characteristics of Federal prison
   population, by major offense category

   Number of first releases from Federal
   prison, by release method and sentence length

   Average time to first release and percent of 
   sentence served, for prisoners released by standard
   methods

   Mean time served to first release, by length of 
   sentence imposed, offense, and type of case, for 
   prisoners released by standard methods

   Percent of sentence served to first release, by 
   length of sentence imposed, offense, and type of 
   case, for prisoners released by standard
   methods

   Characteristics of first releases from
   prison, by offense, all releases

   Mean time served to first release from
   Federal prison for prisoners released
   by standard methods, by offense and
   offender characteristics

Highlights
October 1, 2000 - September 30, 2001
       Figure H.1.   Average length of
       sentences imposed, by offense
       Figure H.2.   Admissions to
       Federal Bureau of Prisons,
       releases, and prisoners at
       yearend, by offense
       Figure H.3.   Average time to first
       release, standard releases, by
       offense

System overview
October 1, 2000 - September 30, 2001
       Figure S.1.   System overview, Federal
       criminal case processing
       Figure S.2.   Federal criminal case
       processing outcomes

Chapter 1.  Arrests for Federal offenses
October 1, 2000 - September 30, 2001
       Figure 1.1.   Country of citizenship of
       non-U.S. citizens arrested and
       booked by the U.S.  Marshals Service
       Figure 1.2.   Type of drug involved in drug
       arrests, by race of arrestee
       Figure 1.3.   Type of immigration arrests
       Figure 1.4.   Suspects arrested by the DEA,
       by State of arrest

Chapter 2.  Prosecution
October 1, 2000 - September 30, 2001
       Figure 2.1.   Suspects in matters
       concluded:  Percentage of
       suspects that were prosecuted
       in U.S. district court
       Figure 2.2.   Suspects in matters
       referred, by Federal judicial
       district 

Chapter 3.  Pretrial release
October 1, 2000 - September 30, 2001
       Figure 3.1.   Percent of defendants
       released prior to case
       disposition, by offense category
       Figure 3.2.   Detention hearings held, by
       offense category
       Figure 3.3.   Pretrial release rates, by
       defendant characteristics
       Figure 3.4.   Pretrial release violation
       and revocation rates, for cases
       terminated

Chapter 4.  Adjudication
October 1, 2000 - September 30, 2001
       Figure 4.1.   Disposition of cases terminated
       Figure 4.2.  Average time from filing to
       disposition of cases terminated,
       by offense
       Figure 4.3.   Percent of cases
       concluded that went to trial, by
       Federal judicial district

Chapter 5.  Sentencing
October 1, 2000 - September 30, 2001
       Figure 5.1.   Rates of incarceration and
       probation for
       offenders convicted and
       sentenced in cases terminated
       Figure 5.2.   Incarceration and
       probation sentence lengths (in
       months) of offenders convicted
       and sentenced in cases
       terminated
       Figure 5.3.  Average prison sentences
       imposed on
       defendants convicted at trial or
       by guilty plea

Chapter 6.  Appeals
October 1, 2000 - September 30, 2001
       Figure 6.1.   Types of criminal appeal
       cases
       Figure 6.2.   Appeals cases filed, by
       type of offense
       Figure 6.3.   Disposition of
       criminal appeals terminated

Chapter 7.  Corrections
October 1, 2000 - September 30, 2001
       Figure 7.1.   Violation rates of offenders
       terminating probation,
       supervised release, or parole,
       by type of violation
       Figure 7.2.   Violation rates of offenders
       completing probation,
       supervised release, or parole,
       by category of offense
       Figure 7.3.   Rates of violation of
       conditions of supervision, by
       level of education
       Figure 7.4.   Mean lengths of sentence
       imposed and time served (in
       months) for offenders released
       from prison for the first time
       Figure 7.5. Characteristics of first releasees
       Figure 7.6. Federal offenders under supervision, by 
       Federal judicial district
       Figure 7.7. Federal offenders incarcerated, by Federal
       correctional institution

------------------------------------------------
Highlights

The number of suspects investigated by U.S. attorneys 
decreased between 2000 and 2001, from 123,559 to 121,818. 
About three-quarters of those for which the investigation 
was concluded were prosecuted -- either before a U.S. 
district court judge (61%) or before a U.S. magistrate 
(12%) -- and 27% of those investigated were not prosecuted 
by U.S. attorneys.

The number of defendants prosecuted in Federal courts 
decreased slightly between 2000 and 2001, from 87,006 to 
86,728. 

The number of offenders under Federal correctional supervision 
increased 69% between 1990 and 2001. At the end of fiscal
year 2001, the number of offenders in Federal prison or on 
community supervision was 239,743 compared to 141,790 during 
1990.

At the end of fiscal year 2001, the number of Federal inmates 
serving a sentence of imprisonment increased by 7,066 to 
136,395.  The number under community supervision was 103,348. 
Over two-thirds of those under community supervision were on
post-incarceration supervised release (68,496)or parole (4,070).

Arrest

During 2001, 118,896 suspects were arrested by Federal law 
enforcement agencies for violations of Federal law. Twenty-
nine percent of those arrested and booked by the U.S.
Marshals Service were for drug offenses, 21% for immigration 
offenses, 16% for supervision violations, 14% for property 
offenses, 8% for public-order offenses, 5% for weapon 
offenses, 4% for violent offenses, and 3% to secure and
safeguard a material witness.

About 71% of suspects booked by the U.S. Marshals Service 
were arrested by Department of Justice agencies, while 
Treasury Department agencies accounted for 12% of all 
arrests. Within the Department of Justice, the U.S.
Marshals Service made 38% of the arrests; the Immigration 
and Naturalization Service, 34%; and the Federal Bureau of 
Investigation and the Drug Enforcement Administration 14% 
each.

Prosecution

During 2001 U.S. attorneys initiated criminal investigations 
involving 121,818 suspects, and they concluded their 
investigations of 118,978 suspects. Thirty-one percent of the 
suspects were investigated for drug, 24% for property, 20% for 
public order, 13% for immigration, 7% for weapon, and 5% for 
violent offenses.

Of the suspects in criminal matters concluded, U.S. attorneys 
prosecuted 72,648 in U.S. district courts and 14,080 were 
disposed of before U.S. magistrates. During 2001, U.S. 
attorneys declined 27% of matters concluded.

Suspects in criminal matters involving immigration or drug 
offenses were more likely to be prosecuted in a U.S. district 
court (81% and 79%, respectively) than were suspects involved
in weapon (64%), violent (60%), property (52%), or public-
order offenses (29%). Suspects involved in property offenses 
(such as fraud) or public-order offenses were more likely to 
be declined for prosecution (42% and 38%, respectively) than 
were suspects investigated for violent (35%), weapon (34%), 
drug (17%), or immigration (3%) offenses.

Pretrial release

Of 75,275 pretrial cases commenced in 2001, 39% of defendants 
were released after either an initial or detention hearing, 
while 61% were detained, and less than 1 % were dismissed.

During 2001, 46% of the 68,214 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 (78% and 72%, respectively) than were 
defendants charged with weapon (45%), drug (41%), violent 
(36%), or immigration (12%) offenses.

The proportion of defendants released prior to their trial 
decreased from 62% during 1990 to 46% during 2001. 

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 26% of the 
defendants with a prior violent felony conviction were 
released before trial, while 60% of defendants with no prior 
convictions were released. Forty-nine percent of defendants 
with one prior conviction were released, as compared to 38% 
of defendants having two to four prior convictions and about 
28% of defendants having five or more prior convictions.

Eighty-one percent of defendants released prior to trial completed 
their periods of release without violating the conditions of 
their release. Nineteen percent of defendants released violated 
the conditions of their release, and 7% 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 (30% and 28%, respectively), while defendants charged
with weapon or violent offenses were more likely to have their 
release revoked (13% for each offense category) than were other
defendants.

Defendants released during 2001 were more likely to violate the 
conditions of their pretrial release than those released during 
1990. During 2001, 19% of those released at some point prior to 
trial violated a condition of their release. During 1990, 12% 
violated their release conditions.

Adjudication

During 2001, 82,614 defendants were charged in Federal courts 
with a criminal offense, 86% of whom were charged with felonies. 
Of the defendants charged with felonies, 43% were prosecuted 
for drug, 21% for property, 16% for immigration, 9% for weapon, 
6% for public-order, and 4% for violent offenses.

The number of defendants charged with a felony immigration 
offense decreased by 4% between 2000 and 2001, from 12,036 
to 11,504.  The number charged with a felony drug offense
increased by 3%, from 29,455 to 30,301.

Criminal cases were concluded against 77,145 defendants during 
2001, 86% of whom had been charged with felonies. The proportion 
of defendants convicted in the Federal courts increased from 81% 
during 1990 to 89% during 2001. The proportion of convicted 
defendants who pleaded guilty increased from 87% during 1990 to 
95% during 2001.

About 92% of defendants charged with felonies were convicted. The 
conviction rate was similar for the major offense categories: 95% 
of defendants charged with immigration offenses, 92% of drug 
defendants, 91% of property defendants, 90% of violent and weapon
defendants, and 87% of public-order defendants.

Sentencing

Defendants convicted during 2001 were more likely to be sentenced 
to prison than those convicted during 1990. During 2001 about 75%
of defendants were sentenced to prison compared to 60% of those 
sentenced during 1990.

Ninety-two percent of felony drug offenders, violent offenders, and 
weapon offenders received prison sentences during 2001, as did
90% of felony immigration offenders, 63% of felony property offenders, 
and 62% of felony public-order offenders.

The 51,057 offenders sentenced to prison received, on average, 56.5 
months of imprisonment. Offenders sentenced for violent felony offenses 
felony weapon offenses, and felony drug offenses received longer average
prison terms (90.8, 86.9, and 73.8 months, respectively) than those 
convicted of felony property, immigration, public-order offenses
(24.1,  29.2, and 39.3 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 violent felony offenders, the 
average term imposed was 94.8 months; for drug felony offenders, 
the average term was 84.1 months.

Appeals

Between 1994 and 2001, the number of appeals received by the U.S. 
Courts of Appeals remained relatively constant -- between about
9,000 and 11,000 annually.  However, the proportion of criminal 
defendants appealing some aspect of their conviction decreased 
from 21% during 1994 to 16% during 2001.

During 2001, 11,281 criminal appeals were filed, a 23% increase 
from FY2000 (9,162). Forty-nine percent of the appeals filed
challenged both the conviction and sentence imposed.  Only 4% of 
appeals were filed by the Government. Of the 11,165 appeals 
terminated during 2001, 77% (or 8,577) 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 2001, the number of offenders on community 
supervision increased by 22%, from 84,801 during 1990 to 
103,348 during 2001.  While nearly equal proportions of
offenders were serving terms of probation and post-incarceration 
supervision (parole or supervised release) during 1990, during 
2001, over two-thirds were serving a term of post-incarceration 
supervision (66% supervised release and 4% parole) while 30% 
were on probation.

Drug offenders comprised 12% of offenders on probation, 54% of 
offenders serving terms of supervised release, and 47% of offenders 
on parole. Property offenders comprised 37% of offenders on probation, 
25% of offenders serving terms of supervised release, and 9% of
offenders on parole.

A total of 14,961 offenders terminated probation during 2001. Most 
of these offenders (80%)completed their terms of probation successfully. 
Twelve percent of probationers terminating supervision during 2001 
committed technical violations; 6% committed new crimes.

A total of 24,966 offenders completed terms of supervised release 
during 2001. Of these offenders, 64% successfully completed their
terms without violating conditions of release; 21% committed technical
violations; and 13% committed new crimes.

A total of 1,653 offenders completed terms of parole during 2001. 
Of these offenders, 56% successfully completed their terms without
violating conditions of release; 25% committed technical violations; 
and 13% committed new crimes.

Prison

Between 1990 and 2001, the number of inmates serving a sentence of
imprisonment more than doubled, from 56,989 during 1990 to 136,395
during 2001.

During 2001, 51,085 prisoners were received by the Bureau of Prisons 
from U.S. district court commitments.  An additional 15,569 prisoners
were returned to Federal prison for violating conditions of probation, 
parole, or supervised release, or were admitted to Federal prison from
elsewhere than a U.S. district court. 

Drug offenders -- who comprised 41% of persons admitted into Federal 
prison  - comprised the largest percentage of persons in prison (57%) 
at the end of 2001.

During 2001, 43,803 prisoners were released for the first time from 
Federal prison after commitment by a U.S. district court. Of these,
39,428 were released by standard methods and 4,375 were released by
extraordinary means (death, treaty transfer, sentence commutation,
or drug treatment). An additional 15,518 prisoners were released 
from subsequent commitments to Federal prison.

Average time served by Federal offenders increased from 24 months 
during 1994 to 29 months during 2001. The proportion of the
sentence served increased from 65% during 1990 to 88% during 2001.

Violent, weapon, and drug offenders were among those offenders who 
served the longest prison terms (55 months, 44 months, and 42 months,
respectively).
---------------------------------------------------

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 (DEA), 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 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 BJS Federal Justice Statistics database is archived on CD-ROM,
copies of which are available from the BJS Clearinghouse. The data can 
be downloaded from the Federal Justice Statistics Resource Center at
<http://fjsrc.urban.org>.

Each agency reports on those defendants it 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 2001 Compendium, 16th in a series which includes 1984, 1985, 1986, 
1988, 1989, 1990, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999,
and 2000, 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, 2001 
(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, 2000 -- September 30, 2001. Generally, the 
tables include both individual and organizational defendants.
Organizational defendants are not included in tables describing 
pretrial release and detention, 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.
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, including the offense
charged and characteristics of defendants convicted.

Chapter 5 describes the sentences imposed by the Federal judiciary on
convicted defendants, including the characteristics of defendants
sentenced.

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), admissions to 
and releases from Federal prison, and time served by Federal inmates.

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 2001 Compendium

Weapon and immigration offenses were elevated to major offense 
categories. Previously, weapon and immigration offenses were 
detailed offense categories classified under the major offense
category of "public-order offenses". Therefore, comparisons between
public-order offenses in this Compendium to those in previous 
Compendia are not valid. To make such comparisons, weapon and
immigration offense counts must be subtracted from "public-order 
offenses" in previous Compendia. Table 3.1 in chapter 3 describing
pretrial hearing outcomes for cases commenced also has been added 
for 2001.

Several figures containing maps have been added to the chapters to 
supplement tables and text. These maps typically display the 94 
judicial districts in the United States and show either the
geographical distribution of a case processing statistic (such as 
the number of suspects in matters referred to U.S. attorneys), or 
a district's rate or percentage on a case processing decision
(such as the percent of cases concluded that went to trial). The 
new figures containing maps are figures 1.1, 1.4, 2.2, 4.3, 7.6, 
and 7.7.  
    
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 subcategories 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, 2000 - September 30, 2001

Suspects arrested for Federal offenses and booked 
by U.S. Marshals, by offense
        
Suspects arrested for Federal offenses and booked 
by U.S. Marshals, by Federal law enforcement agency
      
Characteristics of Federal arrestees booked by U.S. 
Marshals
      
Characteristics of suspects arrested by DEA agents, 
by type of drug
            
Characteristics of suspects arrested by DEA agents, 
by weapons involved at time of arrest
      
Chapter notes
----------------------------------------
  
Sixty-nine Federal agencies employ full-time personnel empowered 
to make arrests. As of June 2000 these agencies employed about
88,000 officers.***Footnote 1: Brian A. Reaves and Timothy C. Hart,
Federal Law Enforcement Officers, 2000, Bureau of Justice Statistics,
Washington, DC (NCJ 187231).***  The Department of Justice employed 
more than half (58%) of all law enforcement officers. The Department 
of Treasury employed 21% of all officers.

Suspects arrested by Federal agencies are transferred to the custody 
of the U.S. Marshals Service for processing, transportation, and 
detention.***Footnote 2: 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."***  During 2001
the U.S. Marshals Service received 118,896 suspects for processing 
from the Federal law enforcement agencies, including over 32,000
suspects arrested by deputy U.S. Marshals and nearly 12,000 by the 
Drug Enforcement Administration (DEA).

Number arrested and booked, by offense
categories

During 2001, 118,896 suspects were arrested by Federal law enforcement
agencies for violations of Federal law and booked by the U.S. Marshals
Service. Of those suspects arrested and booked, 28% were for drug 
offenses, 21% for immigration offenses, 16% for supervision violations, 
14% for property offenses, 8% for public-order offenses, 5% for weapon
offenses, 4% for violent offenses, and 3% to secure and safeguard a
material witness.

Thirty-seven percent of drug arrests involved cocaine (crack or 
powder); 26%, marijuana; 12%, amphetamine or methamphetamine;
6%, heroin; and the remainder, other drugs or drug paraphernalia. 

Most(84%) of arrests for immigration offenses were for illegal entry 
into the United States; 11% involved alien smuggling; 3% involved 
false claims of citizenship by entrants to the United States; and 2%
involved other immigration violations.

Number arrested and booked by law
enforcement agencies
       
During 2001 components of the Department of Justice made 71% of all 
arrests for Federal offenses, and Department of Treasury components 
accounted for another 12% of all arrests.

In addition, 4% of arrests were made by State and local agencies and 
7% of suspects were arrested after voluntarily reporting to the U.S. 
Marshals following a summons.

Within the Department of Justice, 38% of arrests were made by the 
U.S. Marshals Service, 34% were made by the Immigration and 
Naturalization Service, 14% were made by both the Federal Bureau 
of Investigation and the Drug Enforcement Administration, and less 
than 1% were made by other Department of Justice components.

-------------------------------------
Arrests reported by DEA agents 

During 2001 the DEA reported their agents arrested 32,925 suspects, 
although not all of these suspects were booked for violations of
Federal law by the U.S. Marshals (see Chapter notes). Some of these 
suspects were referred to U.S. attorneys for a prosecutorial 
decision; others were referred to a State prosecutor. Suspects 
arrested by DEA agents were predominantly white (70%), non-Hispanic 
(62%), male (83%), and U.S. citizens (77%). The greatest proportion 
of them were between 21 and 30 years old (44%).

Cocaine was the predominant drug involved in arrests made by DEA 
agents, with cocaine powder comprising 23% of all arrests and
crack cocaine, 16%. Twenty-two percent of DEA arrests involved
methamphetamines; 20% involved marijuana; 10% involved opiates; 
and 11% involved other drugs or non-drug offenses.  The majority 
of suspects arrested for each type of drug were white, except for 
crack cocaine, for which the majority of suspects were black. 

About 5% of all suspects were armed at the time of their arrest. 
Whether a weapon was involved differed across demographic groups.
Males were twice as likely to be armed at arrest as females (4% 
versus 2%). Blacks (5%) were more likely than whites (4%) to be
armed at arrest. Non-Hispanics (5%) were more likely than Hispanics 
(3%) to be armed at arrest, and U.S. citizens (4.3%) were more
likely to be armed at arrest than noncitizens (3.6%).

If armed at arrest, suspects from all demographic subgroups were 
more likely to be armed with a handgun than any other weapon. Of 
the 1,370 suspects who were armed, 82% were armed with a handgun,
and 22% were armed with a shotgun or rifle.
-----------------------------------------------

Within the Treasury Department, 55% of arrests were made by the 
U.S. Customs Service, 26% were made by the Bureau of Alcohol, 
Tobacco and Firearms, 15% were made by the Secret Service, and 
3% were made by the Internal Revenue Service.

Number arrested and booked across
demographic groups  
   
Most (86%) of the suspects arrested by Federal law enforcement 
agencies during 2001 were male. Over two-thirds (70%) were white 
and about a quarter (27%) were black. Individuals between ages 
21 and 40 comprised 70% of all those arrested. More than a third
(38%) of those arrested were identified as noncitizens.

Two-thirds (66%) of the suspects arrested for drug offenses were 
white, and most of the remaining third (32%) were black. The racial
distribution of suspects differed by the type of drug involved. 
Of those suspects arrested on charges involving marijuana, 90% 
were white and 8% were black. Of those suspects arrested on charges 
involving cocaine, 39% were white and 60% were black.

Chapter notes
 
1) Tables 1.1-1.3 were derived from the U.S. Marshals Service Prisoner 
Tracking System. Only records of arrests made from October 1, 2000, 
through September 30, 2001, were selected. Information on individual 
cases, offenses, and detainees were used to construct the tables.
 
2) Tables 1.4-1.5 were derived from the DEA Defendants Statistical 
System. Only records of arrests made from October 1, 2000, through 
September 30, 2001, were selected. Some suspects arrested by DEA
agents may be transferred to State or local jurisdiction and are 
never booked by the U.S. Marshals Service. Therefore, counts of DEA 
arrests from tables 1.4-1.5 will be higher than those reported in 
table 1.2.
 
3) Offenses of arrest were classified by the U.S. Marshals into their 
four-digit offense codes. These were then aggregated into the offense
categories shown in the tables. 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, 2000 -- September 30, 2001

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 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 agencies such as the U.S. 
Marshals Service. The 93 U.S. attorneys stationed throughout 
the United States, Puerto Rico, the Virgin Islands, Guam, 
and the Northern Mariana Islands 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 (primarily the Federal
Bureau of Investigation; the Drug Enforcement Administration; 
the Immigration and Naturalization Service; the Customs Bureau; 
the Bureau of Alcohol, Tobacco, and Firearms; and the Secret 
Service) or 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 before U.S. magistrate 
judges, who have the authority to adjudicate misdemeanor
offenses (18 U.S.C. sec. 3401). The U.S. attorneys count 
these misdemeanor cases as criminal matters disposed by U.S.
magistrate judges.

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 2001,61% of the suspects investigated by U.S. attorneys were
prosecuted in U.S. district court, and U.S. magistrate judges handled 
an additional 12%; 27% were declined. Suspects were prosecuted at 
different rates depending on the offense involved. Suspects in
immigration matters were the most likely to be prosecuted; 81% had 
charges filed against them in U.S. district court. The rate of 
prosecution was similar for drug offenses, with 79% of suspects 
having charges filed in district court. About two-thirds of suspects 
in weapon and violent offense matters were prosecuted (64% and 60%,
respectively). Property offenses were the least likely to be
prosecuted. Fifty-two percent of property offense suspects were 
prosecuted in district court.

Suspects in matters received

During 2001 there were 121,818 suspects in new matters received for
investigation by U.S. attorneys.***Footnote 1: See Chapter notes,
items 1 and 2, p. 33.  The 2001 data are not directly comparable
to the 1993 and prior compendia.*** Of these suspects, about a 
third (31%) were investigated for drug offenses; about a quarter 
(24%) for property offenses; 20% for public-order offenses; 13% 
for immigration offenses; 7% for weapon offenses; and 5% for
violent offenses. Relative percentages of offenses reflect criminal 
activity as well as Federal investigative, prosecutorial, and
statutory priorities. Violent crimes and drug offenses continued 
to be high priorities in 2001 -- particularly the operations of 
large drug organizations and illegal use of firearms -- but terrorism 
became the top priority after the September 11, 2001, attacks against 
the United States.***Footnote 2: Statistical Report, United States
Attorneys' Offices, Fiscal Year 2001.  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 the matter 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 118,978 suspects in criminal matters concluded during 
2001, 61% were prosecuted in U.S. district court, 12% were
referred to U.S. magistrates, and 27% were declined for Federal 
prosecution.***Footnote 3: The number of suspects in criminal 
matters concluded is not comparable to the 1993 and prior 
compendia.  See Chapter notes, item 2, p. 33, for details.***

Suspects prosecuted in U.S. district court -- 
U.S. attorneys prosecuted 72,648 cases in U.S. district court in 
2001. 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 most (81%) of the suspects involved in immigration 
offenses and most (79%) of the suspects involved in drug offenses;
64% of those in weapon offenses; 60% of those in violent offenses; 
52% of those in property offenses; and 28% of those in public-order 
offenses.

Differences in rates of prosecution within major categories were 
substantial. For example, among violent offenses, 78% of robbery 
suspects were prosecuted, while 52% of murder suspects, 44% of 
assault suspects, and approximately 40% of kidnaping and sexual 
abuse suspects were prosecuted. Among suspects investigated for 
property offenses, those in counterfeiting matters had the highest 
rate of prosecution (66%), while those investigated for arson and 
explosives had the lowest rate of prosecution (42%). Among suspects
investigated for public-order offenses, those in national defense 
(70%) and tax law matters (59%)were much more likely to be 
prosecuted than suspects in escape (25%) and civil rights (7%) 
matters.

Suspects in matters concluded by U.S. magistrates -- 
During 2001 U.S. attorneys referred 12% of all the criminal matters
they investigated to U.S. magistrate judges. Cases concluded by U.S.
magistrate judges are, by statute, misdemeanors.***Footnote 4: At 
the time that U.S. attorneys receive them, matters may not be 
classifiable as felonies or misdemeanors.  If a U.S. magistrate
judge disposes of a case  - or what the U.S. attorneys call a 
"matter"  - its offense level has been determined, by statues, to
be a misdemeanor.***  Public-order offenses made up the majority 
(54%) of matters concluded by U.S. magistrate judges; most of these 
were conspiracy, aiding and abetting, and jurisdictional offenses 
(32%)and escape violations (10%). Immigration (17%), drug (12%) and 
property offenses (12%) were also common. Violent and weapon offenses
comprised the smallest portion of the matters disposed by magistrate 
judges (2% and 1% respectively).

For most offenses, the likelihood that a U.S. magistrate judge 
concluded the matter was relatively low. Offenses having 
comparably high rates of disposal by magistrate judges included 
traffic offenses (100%); migratory birds offenses (85%); conspiracy, 
aiding and abetting and jurisdictional offenses (88%); other
property violations (67%); and escape violations (53%).   

Suspects in matters concluded and declined, by investigating 
agency  - During 2001, 57% of suspects in matters concluded were 
investigated by components of the Department of Justice; the 
Treasury Department investigated 20% of suspects in matters 
concluded. In addition, independent Federal agencies and State/
local agencies investigated 9% of suspects in matters concluded.

Among the investigating agencies, the Central Intelligence Agency 
(1%), the National Park Service (3%), and the Immigration and 
Naturalization Service (4%) had among the lowest declination
rates, while the Bureau of Indian Affairs (59%), the Environmental 
Protection Agency (61%), and agencies within the Department of 
Energy (82%) were among those with the highest declination rates.
The declination rate for matters investigated by components of the
Department of Justice (27%) was the same as the overall declination 
rate.

Suspects in matters declined for Federal
prosecution -- Twenty-seven percent of the matters concluded by U.S. 
attorneys in 2001 were declined for Federal prosecution. Suspects in 
property and public-order matters were the most likely to have their 
matters declined (42% and 38%, respectively). Thirty-five percent of
matters involving violent offenses were declined, as were 34% of 
weapon and 17% of drug matters.  Matters involving an immigration 
offense were the least likely to be declined (3%).

The decision to decline Federal prosecution is based on a number of
factors, including the lack of a prosecutable offense, an available
alternative resolution, or case-and suspect-related reasons. Of the 
32,250 declinations during 2001, 25% occurred because of case-related 
reasons, mostly due to weak evidence (21%); 22% occurred because 
there was no crime or criminal intent was lacking; and 26% occurred 
for other reasons, such as agency requests (8%) and minimal Federal 
interest (6%).

Not all suspects whose matters were declined by U.S. attorneys avoided
prosecution. Twenty percent of the suspects in matters declined were 
referred to another authority for prosecution. An additional 4% were 
settled through alternative resolution procedures. The 1,984 suspects 
involved in drug offenses constituted the largest number referred by
U.S. attorneys to other authorities for prosecution or resolution. Of 
the suspects whose matters were declined, those involved in drug 
offenses were the most likely to be referred to other authorities for
prosecution or alternative resolution. Thirty-three percent of the drug
suspects whose matters were declined prosecution by U.S. attorneys were
referred for other prosecution or resolution, as were 26% of the 
immigration, 24% of public-order, 23% of violent, 22% of weapon, and 
20% of property offense 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 21% of 
persons involved in counterfeiting, compared to 13% of suspects in 
fraud cases.  Within public-order offenses, 63% of escape suspects 
were referred to other authorities or had their case settled through
alternative procedures, compared to 6% of suspects in civil rights 
cases.

Processing times -- For matters concluded during 2001, 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 judge was 8.6 months. However, the median 
processing time was 1.6 months, indicating that extreme outliers 
affected the mean time. 

The amount of time needed to process matters varied with the outcome 
of the matter. U.S. attorneys took an average of 3.9 months to file 
charges in U.S. district court, but over half of cases were filed 
within 1 month. Declinations took longer, with an average duration 
of almost 20 months, though half of declinations occurred within 13 
months.  

The processing time for matters disposed by U.S. magistrate judges 
also differed by the outcome. Matters resulting in a conviction took 
an average of 3.5 months to conclude, with half of cases concluding
within 1.6 months.  Matters that did not result in a conviction took 
longer to conclude -- an average of 11 months, with half concluding 
within 2.4 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 1.7 months and a 
median time of less than 1 month. Matters involving weapon, drug, 
and violent offenses took longer to process (5.5 to 6.3 months, 
on average, and median times from 0.8 to 1.9 months), while public-
order and property offense matters took the longest to conclude, 
with average times of 11.7 and 15 months, and median times of 4 
and 7.5 months, respectively.  

Chapter notes
 
1) Tables 2.1-2.6 were created from the Central System data files of 
the EOUSA. For table 2.1, only records which showed a matter received 
during 2001 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 judge, or filed as a case in U.S. district court from 
October 1, 2000, through September 30, 2001, 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.

2) 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.

3) Offenses in the Central 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. The lead charge is not necessarily the charge 
with the greatest potential sentence.

4) In the tables in this chapter, the "all offenses" row or "total
declinations" row (in table 2.5) 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.

5) 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, 2000 - September 30, 2001

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 (1) released on personal recognizance or 
unsecured bond; (2) released subject to conditions imposed by the 
court, possibly including traditional bail; (3) temporarily
detained without bail (limited to 10 working days)to permit 
deportation, exclusion, or the revocation of previously granted 
conditional release; or (4) 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 U.S. 
district court judge, but is generally a U.S. magistrate judge, 
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 (1) 
a crime of violence, (2) an offense with a statutory maximum 
sentence of life imprisonment or death, (3) a drug offense with a 
statutory maximum sentence of 10 years or more imprisonment, or 
(4)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 (1)deposit bond (the defendant is required to post 
a percentage of the total bail amount, usually 10%), (2) surety 
bond (the defendant is released subject to guarantees by a third 
person that the full amount will be paid), or (3) 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, the weight of evidence against
the defendant, the 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, and 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 case may be continued, 
dismissed, or transferred.

Of the 75,275 defendants whose cases commenced in 2001, 39% (or 
29,145) were released after either an initial hearing or a
detention hearing, and 60% of defendants were detained.

Of the 68,214 defendants who terminated pretrial services during 
2001, 46% (31,320) were released for some period of time prior to 
trial.  Of those released defendants, 81% completed pretrial
services without violating the conditions of their release. 

In 2001, 72% (49,199) 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, 53% were ordered detained
by the court until case disposition.

Pretrial detention hearings were held for 35,657 defendants. Of 
these, 26,263, or 74%, were ordered detained.

Of the 31,320 defendants released prior to trial, 19% 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 (29%)than other defendants 
to incur some violation of the conditions of their release. Conversely,
defendants given conditional release violated their release at the 
lowest rates (3%).  

Seven percent of all released defendants had their release revoked.
Those charged with violent offenses were detained longer on average 
(104 days) than defendants charged with other offenses. Defendants 
who were never released and were detained by the court were detained 
longer than were defendants detained for financial conditions (110 
days).

Outcomes for pretrial cases commenced 

Releases and detentions after the first 2 hearings -- Of the 75,275 
cases commenced in 2001, 39% were released after either an initial 
hearing or a detention hearing, 61% were detained, and less than 1% 
were dismissed. Seventy-nine percent of defendants receiving pretrial 
release were released after an initial hearing; 72% of defendants 
receiving pretrial detention were detained after a detention hearing. 
After the initial and detention hearings, less than 1% of incoming
defendants (269) were awaiting a release decision.  

Of those charged with property offenses, 74% were released, as were 
67% of those charged with public-order offenses, 37% of weapon 
offense defendants, 31% of drug offense defendants, and 29% of violent 
offense defendants. Six percent of those charged with immigration 
offenses were released after these two hearings. 
 
Outcomes for pretrial cases terminated

Releases -- Of cases terminated in 2001, 78% of 13,170 property 
offenders were released. The percent released varied greatly 
across and within offense categories. Among violent offenders, 
22% of those charged with robbery were released, compared to 59% 
of those charged with sexual abuse and 63% of those charged with 
assault. Among public-order defendants, 15% of those charged with 
an escape offense were released compared to 97% of those charged 
with tax law violations, 94% of traffic defendants, and 74% of 
nonviolent sex offense defendants. Forty-five percent of those 
charged with weapon offenses were released, while only 12% of
immigration defendants were released. 

Forty-one percent of all drug defendants were released. Drug 
trafficking defendants were less likely to be released than those 
charged with nontrafficking offenses (40% compared to 52%).

For those defendants who were released prior to trial, how they were 
released varied among offense categories. Within each major offense 
category except violent offenses, the highest percentage of
defendants released was through unsecured bond. Thirty-six percent 
of violent defendants were released of whom 36% were released on 
unsecured bond and 48% on personal recognizance -- compared to 78%
of all property defendants released, of whom 55% were released on 
unsecured bond and 33% on personal recognizance.

Detentions -- Among the major offense categories, defendants charged 
with immigration, drug, or violent offenses were the most likely (97, 
84% and 80% respectively) to be detained for some period of time.
However, violent defendants were more likely than immigration or 
drug defendants to be detained by the court (63% versus 57% and 
53%). Of those charged with weapons offenses, 76% were detained, 
with 57% being detained by the court. Public-order and property 
and defendants were less likely to be detained than were other 
defendants.  During 2001,41% of public-order defendants were 
detained, with 48% of these detained by the court. Thirty-eight
percent of defendants charged with property offenses were 
detained, with 42% of these detained by the court.  

Sixty seven percent of defendants charged with violent offenses 
had a detention hearing. This rate varied by offense category:  
64% of those charged with drug-related offenses, 62% of immigration
defendants, 61% of weapons defendants, 30% of those charged with 
public-order offenses, and 26% of those charged with property 
offenses had a detention hearing.  

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 (89%). Of the 67% of defendants charged with 
violent offenses and given a pretrial detention hearing, 74% were 
ordered detained. In 2001, 71% of those charged with weapon offenses, 
70% of drug offenses, 66% of public-order offenses, and 61% of 
property offenses were ordered detained following a pretrial hearing.

Violations -- Of released defendants terminating pretrial services 
during 2001, those charged with weapon or drug offenses were more 
likely than other defendants (30% and 28% compared with 19%
overall) to incur at least one violation during the release period. 
Among other major offense categories, those charged with public-order 
offenses were less likely (9%) than others to violate conditions
of their release. Those charged with weapon or violent offenses were 
more likely than others to have their release revoked (13% of all 
released weapon and released violent defendants compared with 7%
overall). Ten percent of released drug defendants, 5% of released 
property defendants, and 4% of released immigration defendants were 
revoked.

Of the 31,320 defendants released, those on deposit bond were more 
likely (29%) than other defendants (19% overall) to incur a violation 
of the conditions of their release.  Defendants with the lowest rate 
of release violations were those given conditional release (3%). 
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 (72%) than males (41%) to be 
released during 2001.  Males were more likely to have a financial 
condition imposed on them than females (20% versus 12%). Sixty-two
percent of all defendants identified as non-Hispanic were released 
during 2001 compared to 23% of Hispanics. Non-Hispanic releasees 
were twice as likely as Hispanics to be released on personal
recognizance.  Sixty-five percent of Native Americans and 57% of 
Asian defendants were released compared with 50% of black 
defendants and 43% of white defendants.

The higher the education level of the defendant, the greater the 
probability of release. Thirty-nine percent of defendants with 
less than a high school education were released in 2001, while 80% 
of those who had completed college were released. Releasees with a
college degree, when compared to those with less education, were 
less likely to receive financial conditions (15% versus 25%) and 
more likely to be released on personal recognizance (30% versus
24%) than those who had less than a high school education.

Defendants with a history of drug abuse were released less 
frequently than those defendants with no known drug history (50% 
versus 60%). However, among all released defendants, drug abuse 
history does not appear to have had a major effect on the form of 
pretrial release.

Detentions -- Males were more likely (76% versus 51%) than females 
to be detained. Of all detainees, 75% of the men and 60% of the 
women were detained following a detention hearing. Hispanics had
a substantially higher probability of being detained (92%) compared 
with non-Hispanics (58%). Almost all of those charged with an 
immigration offense (97%) -- of which noncitizen Hispanics comprise 
the majority -- were detained. 
 
Younger defendants were more likely than older ones to be detained. 
Seventy-seven percent of defendants between the ages of 16 and 18 
and 73% of defendants 19-20 years of age were detained, compared to 
58% of those over 40. However, among all defendants detained, the 
chances of being detained following a detention hearing were similar
across all age groups.  

Not only were male defendants more  likely than female defendants to 
have a detention hearing (56% versus 34%), they were also more likely 
(75% versus 60%) to be ordered detained as a result of the hearing.  

The likelihood of having a detention hearing increased with the number 
of prior convictions and severity of the defendant's criminal history.
Furthermore, 56% of those with a history of drug abuse had detention 
hearings as compared to 43% 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 at 
least one violation during the pretrial release period (20% versus 16%) 
and were slightly more likely to have their release revoked. Native 
Americans and blacks were more likely to incur at least one violation 
than whites or Asians (23% for Native Americans and blacks versus 17%
for whites, and 10% for Asians). Native American defendants were more 
likely to have their release revoked (16% versus 8% for blacks, 6% 
for whites, and 4% for Asians). 

Defendants without a high school diploma had a higher percentage of 
release violations than did defendants with high school or college 
degrees (28% versus 8%).

Defendants with no prior criminal history were half as 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. Those with a history of drug use were more likely to have 
their release revoked (14% 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 104 days) compared to drug (81 days), weapon (81 days),
immigration (59 days), public-order (52 days), or property (45 
days) defendants (not shown in a table).

Of defendants released, those released conditionally spent the 
greatest average number of days detained (42 days) compared to 
those released on personal recognizance (40 days), unsecured bond 
(34 days), or financial conditions (almost 25 days). This trend
varied only slightly across all major offense categories: in 
general, defendants released conditionally 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 (110 
days compared with 81 days). This pattern was true across all major
offense types, except for those charged with public-order offenses.

Chapter notes

1) All tables in chapter 3 were created from data in the Pretrial 
Services Information Act System data base, which is maintained by 
the Pretrial Services Agency (PSA) within the AOUSC. 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 75,275 defendants 
whose cases commenced and 68,214 defendants who terminated pretrial 
services during October 1, 2000, through September 30, 2001, and 
whose cases were filed by complaint, indictment, or information. In 
these tables, the totals (that is, "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 separate row or 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 2.

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.

2) 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, 2000 -- September 30, 2001

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. magistrate judges
  
Characteristics of convicted offenders
      
Chapter notes
-----------------------------------     

Federal criminal cases may result in conviction of the defendant 
following a guilty plea or trial. They may also result in non-
conviction in which a defendant is acquitted after trial or the 
case is dismissed.***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. magistrate judges.  
The data also include the infrequent Class B misdemeanors handled 
by U.S. district court judges.***

Defendants in criminal cases
commenced 

During 2001, 82,614 defendants had criminal cases commenced against 
them in U.S. district courts, and 70,837(86%) of those defendants 
were charged with felonies. The 30,301 drug felony defendants 
comprised 37% of all criminal defendants in cases commenced and 43%
of all felony defendants. Felony property and immigration defendants 
comprised 18% and 14%, respectively, of all defendants in cases 
commenced. The 11,703 misdemeanor defendants constituted 14% of all 
defendants in cases commenced; 42% of those misdemeanor defendants 
were charged with traffic violations.

Defendants in criminal cases
terminated 

Cases were terminated against 77,145 defendants during 2001, 66,112 
(86%) of whom were felony defendants. During 2001, the 28,227 drug-
related felony defendants comprised nearly 37% of all defendants 
in cases terminated and 43% of all felony defendants.

Eighty-nine percent of all defendants, 92% of all felony defendants 
and 73% of misdemeanor defendants were convicted.  Conviction rates 
for major felony offense categories were in the 90% range. Within
major offense categories, however, the conviction rates varied more 
widely. For example, within public-order, the conviction rate ranged 
from 69% for civil rights violations to 96% for tax law violations 
and 100% for gambling cases.

Most defendants who were convicted pleaded guilty. Overall, over 95% 
of those convicted pleaded guilty, while 5% were convicted at trial. 
For felony offenses, 96% pleaded guilty to their charges. For the
major felony offense categories, guilty pleas were registered for 99% 
of immigration offenders, 96% each for drug and property offenders, 
93% for each of violent and public-order offenders, and 92% of weapon
offenders. (Percentages were calculated from numbers in table 4.2.)

During 2001, 6% (4,356) of the 77,145 defendants in cases terminated 
exercised their right to a trial. Eight percent of violent and weapon
offenders went to trial as compared with 7% of public-order offenders, 
5% of property offenders, 4% of drug offenders, and 1% of immigration
offenders. (Percentages were calculated from numbers in table 4.2.) 

Of defendants who exercised their right to a trial, 3,365 (77%) 
were convicted either by a jury or a bench trial. The felony trial
conviction rate was 80%, while the misdemeanor conviction rate was 
70%. Among felony offenses, trial conviction rates ranged from 75% 
for public-order defendants to 86% for immigration defendants. 
(Percentages 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 were
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 8.9 months. 
For felony defendants, the overall processing time average was 9.7 
months; for those charged with misdemeanor crimes, the average 
processing time was 4.0 months.  Defendants who pleaded guilty were
processed, on average, 2.8 months quicker than defendants who went 
to trial.

Overall, defendants whose cases were ultimately dismissed took 
longest to process (11.7 months), on average. Among major felony 
offense categories, case processing times were similar to the
overall pattern, except when comparing the time until dismissal 
to the time of trial.  Defendants convicted of violent, property,
weapon, and immigration offenses took a greater amount of time 
for trial (13.2, 16.7, 11.6 and 8.6 months respectively), on
average, than for dismissal (12.4, 14.9, 10.2 and 6.1 months 
respectively).

Convictions by U.S. magistrate judges

During 2001 U.S. magistrate judges disposed of 9,742 misdemeanor 
criminal defendants, 72% of whom were convicted.  Public-order 
offenders comprised 56% of the defendants disposed by U.S.
magistrate judges, with property offenders comprising another 
25%. Drug offenses comprised a little over 11% of U.S. magistrates' 
cases. (Percents were calculated from numbers in table 4.4.)

Characteristics of convicted defendants

Among defendants convicted, there were almost 6 times as many men 
as women (85% versus 15%); over 4 times as many whites as blacks 
(77% versus 19%); and 1 times as many non-Hispanics as Hispanics 
(60% versus 40%). Most were U.S. citizens (67%), had graduated 
from high school or completed some higher education (55%), and 
had some criminal history (60%). Persons over age 30 represented 
55% of defendants.

Chapter notes

1)  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 (table 4.1) or cases that 
terminated in U.S. district court during October 1, 2000, through 
September 30, 2001, 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.

2)  Table 4.5 was created by matching the AOUSC master data files 
with the U.S. Sentencing Commission (USSC) monitoring system files 
and the Pretrial Services Agency (PSA) data files. These latter 
two data files contain information on the characteristics of 
defendants.  The USSC monitoring system files are limited to 
records of defendants sentenced under the Federal sentencing 
guidelines only. These include defendants convicted of felonies or 
Class A misdemeanors. Excluded from the USSC data were defendants 
convicted only of Class B or C misdemeanors or infractions, 
defendants whose offenses were committed before November 1, 1987, 
and juvenile offenders. Juveniles charged as adults are included
in table 4.5.  Some of the defendants excluded from the USSC data 
files were included in the PSA data. (See Chapter 3 Chapter notes 
for more information on the PSA data.) Table 4.5 indicates the 
number of records for which relevant data were available. 
Percentage distributions were based on records with known values 
of defendant characteristics.
 
3)  A criminal record, as reported in table 4.5,is limited to prior 
adult convictions. For some defendants in this table, it is further
limited to the portion that is relevant for calculating sentences 
under the Federal sentencing guidelines. In general, this is
limited to sentences imposed within a 15-year period prior to the 
current offense and offenses committed within the United States. For 
most defendants, the criminal history used to calculate sentencing
guideline ranges includes their entire adult criminal history.

Chapter 5

Sentencing

-----------------------------------------
Discussion    

Tables
October 1, 2000 -- September 30, 2001
 
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  

Convicted offenders sentenced to incarceration, by
offense and offender characteristics
  
Average incarceration sentence lengths imposed, for
sentenced offenders, by offense and offender
characteristics  

Median incarceration sentence lengths imposed, for
sentenced offenders, by offense and offender
characteristics  

Chapter notes 
-------------------------------------------

Depending on 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, page 113.) 
The Federal sentencing guidelines require a term of supervised 
release following 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, page 109.)

Offenders convicted and sentences imposed

Of the 68,533 offenders sentenced during 2001, 51,057 (75%) 
were sentenced to prison; 11,963 (18%) 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.*** and 2,814 (4%) were ordered to pay only a fine. 
During 2001, 49,509 defendants convicted of felonies were sentenced 
to prison representing 97% of all prison sentences and 83% of all 
convicted felons. Felony drug, violent, weapon, and immigration 
offenders were more likely to receive prison sentences (92%, 92%, 
92%, and 90%, respectively) than were property (63%) or public-order 
(62%) offenders.

Among public-order offenders, persons convicted of escape (89%) and 
nonviolent sex offenses (86%) were almost as likely to receive prison
sentences as were violent, drug, weapon, and immigration offenders.  

Among property offenders, persons convicted of arson and explosive 
offenses (86%) were the most likely to receive prison sentences.

Overall, 18% of convicted offenders were sentenced to probation. The
percentage of misdemeanants sentenced to probation (45%) was 3 times 
that of convicted felons (13%). Among felons, persons convicted of 
postal law violations were the most likely to be given probation 
(87%), followed by persons convicted of communication (82%).

While less than 1% of all convicted felons were ordered to only pay 
a fine, 16% of the felons convicted of national defense violations 
were so ordered. Fines generally were reserved for misdemeanor 
offenders, 28% of whom received fines.

Average prison sentences imposed

For all offenders sentenced to prison, the average term of 
imprisonment imposed was 56.5 months. Persons convicted of 
felonies received an average prison term of 58.0 months.

The average length of prison sentence imposed varied among major 
felony offense categories. Property offenders received the
shortest sentence, on average, while violent offenders received 
the longest (24.1 months compared to 90.8 months). Weapons 
offenders received an average prison term of 86.9 months, and 
drug offenders received 73.8 months. Lesser terms were administered 
for public-order offenders receiving 39.3 months, on average, and
immigration offenders receiving an average prison term of 29.2 
months.

Relationship between sentence imposed and
mode of conviction

During 2001 offenders convicted by plea were slightly more likely 
to receive prison sentences than those convicted at trial. Seventy-
five percent of the offenders convicted by guilty plea received
some prison time, while 73% of the offenders convicted at trial 
received prison sentences.

For violent offenders, 92% of those convicted by plea received 
prison sentences, as did 96% of those convicted at trial. For 
property offenders, 62% of those convicted by plea received prison
sentences, compared to 90% of those convicted at trial. For public-
order offenders, 60% of those convicted by plea, as contrasted with 
91% of those convicted at trial, went to prison.

The average prison term imposed on defendants convicted at trial 
was longer than the term imposed on defendants convicted by plea. 
Defendants convicted at trial received 137.5 months, on average, 
while those convicted by plea received an average of 52.7 months. 
Drug offenders convicted at trial received an average of 203.8 
months as compared to the 68.7 months for drug offenders convicted 
by a guilty plea. Violent offenders who went to trial received an 
average sentence of 171.8 months as compared to the 85.8 months 
for those convicted by plea. Those convicted at trial for weapon 
offenses received, on average, 195.1 months, compared to the 78.0 
months for weapon offenders convicted by a guilty plea.

Characteristics of offenders sentenced to
prison

The majority of persons convicted during 2001 were male (85%), 
white (77%), non-Hispanic (60%), and U.S. citizens (66%). 
(Percentages were calculated from numbers in table 5.4.)  The
percentage sentenced to prison was not uniform across all categories 
of age, race, sex, education, and ethnicity. Similarly, the average 
sentences imposed were not uniform across these categories. However,
conclusions about the effect that characteristics may have had on 
sentencing cannot be drawn from the aggregate patterns in the data. 
Such an assessment would require detailed information for each 
category showing the presence or absence of factors that are 
legally intended to affect sentencing, such as offense severity, 
weapon use, role in the offense, victim injury, dollar loss, and 
so forth.

One such study of the factors affecting sentencing found that 
"nearly all of the aggregate differences among sentences for 
whites, blacks, and Hispanics during 1989-90 can be attributed 
to characteristics of offenses and offenders that current law 
and sentencing guidelines establish as legitimate considerations 
in sentencing decisions."***Footnote 2: Douglas C. McDonald and
Kenneth E. Carlson, Sentencing in the Federal Courts: Does Race 
Matter? Washington D.C.: U.S. Department of Justice, Bureau
of Justice Statistics, December 1933 (NCJ 145328).***

Average sentences imposed were longest for males (59.3 months), 
blacks (80.9 months), non-Hispanics (66.5 months), and U.S. 
citizens (65.8 months). These categories of offenders (males, 
blacks, non-Hispanics, and U.S. citizens) are also more highly 
concentrated in the offense types associated with longer average 
sentences. In general, average prison terms were longer for 
violent, drug, and weapon offenses than for property, public-
order, and immigration offenses.  These three offense categories 
generally are considered to be more serious under the Federal 
sentencing guidelines than property and public-order offenses. 

Chapter notes

1) Tables 5.1-5.3 were derived from the AOUSC criminal master data 
files. Only records of defendants sentenced during October 1, 2000,
through September 30, 2001, were selected. Offenses shown in these 
tables -- offenses of conviction -- are based on the longest actual
sentence imposed.

2) Tables 5.4-5.6 were created from AOUSC criminal master data 
files, supplemented with linked data on offender characteristics 
from two sources:  the United States Sentencing Commission (USSC) 
monitoring system files (which are limited to records of defendants
sentenced under the Federal sentencing guidelines); and the Pretrial 
Services Information Act System database, maintained by the Pretrial
Services Agency (PSA). These two supplemental data files contain 
information on the characteristics of defendants. Table 5.4 indicates 
the number of records for which relevant data were available. 
Percentage distributions were based on records with known values of 
defendant characteristics and offenses. Means and medians in tables 
5.5 and 5.6 were based on the number of records shown in table 5.4.

3) Criminal record, as reported in tables 5.4-5.6, is limited to 
prior adult convictions. For some defendants in these tables, it is 
further limited to the portion of their criminal record that is 
relevant for calculating sentences under the Federal sentencing 
guidelines. In general, this is limited to sentences imposed within 
15 years of the current offense and sentences for offenses committed
within the United States. For most defendants, the criminal history 
used to calculate sentencing guideline ranges is the same as their 
adult criminal history.

Chapter 6

Appeals

----------------------------------------
Discussion
  
Tables

October 1, 2000 -- September 30, 2001

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 notes 
-------------------------------------------

Prior to implementation of the Sentencing Reform Act of 1984, 
only criminal convictions could be appealed. However, the 
Sentencing Reform Act provided for appellate review of
sentences imposed given that the sentence was (1) imposed in 
violation of the law; (2) imposed as the result of an incorrect
sentencing guideline application; (3) outside the recommended 
guideline sentencing range; or (4) 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 2001 the U.S. Court of Appeals received 11,281 criminal 
appeals, a 23% increase from FY2000.  Of all appeals, 4% were 
filed by the Government(not shown in a table). Forty-two percent 
of all appeals filed (for which the offense is known or 10,745)
were for drug convictions.  Appeals for property offense 
convictions comprised 16% of all appeals filed, immigration 
offenses comprised 15%, weapons offenses were 12%, and 6% of 
appeals filed were for violent offenses.

Eighty-five percent of all appeals filed in 2001 were guidelines-
based appeals. Fifteen percent of appeals filed were appeals of
convictions for crimes committed before 1987, when the sentencing 
guidelines took effect. Forty-nine percent of all appeals challenged 
both the conviction and the sentence imposed. Nearly 3 times as many
appeals challenged only the sentence imposed as those that challenged 
only the conviction (25% versus 9%).  

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. However, 65% of 
appeals filed for public-order offenses appealed both the conviction 
and the sentence, compared to 58% for all criminal offense categories. 

Appeals terminated

A total of 11,165 appeals terminated during 2001. 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, 58% 
were appeals of both the conviction and sentence, 12% were appeals
of the conviction only, and 29% were appeals of the sentence.

In nearly half of all appeals terminated in 2001 (for which the 
offense is known), drug offense convictions underlie the appeal
(42%); the underlying offense in 16% of the appeals was for an 
immigration or property offense; 11% were for weapon offense
appeals; and 6% were appeals for violent offense convictions. 
Robbery offenses composed 50% and murder composed 17% of the 
underlying offenses for appeals of a violent conviction. Sixty-
six percent of property offense appeals were for fraud convictions.

Of the 11,165 appeals terminated during 2001, 77% 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, 
77% of drug offenses and 75% of public-order offenses were 
terminated on the merits. Also terminated on the merits were 82% 
of appeals based on an immigration conviction, 81% of appeals based 
on a violent or weapon conviction and 74% of appeals based on a 
property conviction. Within these major offense categories, 82% 
of appeals based on murder convictions were terminated on the 
merits, as were 77% of robbery convictions, and 71% of fraud
convictions.

In 79% of appeals terminated on the merits, the district court 
ruling was affirmed. In another 4% it was partially affirmed. 
Among appeals terminated on merits, 84% of all immigration appeals 
were affirmed, 83% of weapon appeals were affirmed, 78% of all
drug and property appeals were affirmed, as were 76% of violent 
offense appeals.

District court decisions were reversed or remanded back to the 
court in 9% of the cases. Violent offenses and public order
offenses had the highest rate of reversal or being remanded back 
to the court (13% and 12%). Ten percent of property offense
appeals were reversed or remanded, as were 9% of weapon offense 
appeals. Less than 9% of appeals were reversed or remanded for 
drug or immigration offenses.

Overall, appeals were dismissed in 7% of cases. Among major offense
categories, the highest dismissal rate was for immigration offenses 
(8%), a 13% decrease from fiscal year 2000 when 21% of immigration 
appeals were dismissed.

Chapter notes

1) Tables in chapter 6 were created from the AOUSC appeals 
database. Records of appeals filed or terminated during October 1,
2000, through September 30, 2001, were selected. Data include 
records of 11,281 criminal appeals filed during fiscal year 2001
and 11,165 appeals terminated during the same period.

2) 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, 2000 - September 30, 2001

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  

Admissions and releases of Federal prisoners, by
offense                               

Characteristics of Federal prison population, by major
offense category  

Number of first releases from Federal prison, by
release method and sentence length  

Average time to first release and percent of sentence
served, for prisoners released by standard methods  

Mean time served to first release, by length
of sentence imposed, offense, and type of case, for
prisoners released by standard methods
  
Percent of sentence served to first release, by length
of sentence imposed, offense, and type of case, for
prisoners released by standard methods  

Characteristics of first releases from prison,
by offense, all releases
  

Mean time served to first release from Federal prison
for prisoners released by standard methods, by
offense and offender characteristics  

Chapter notes  
-------------------------------------------

Federal offenders under supervision) As of the end of fiscal 
year 2001, there were 103,348 offenders under active Federal
supervision, of which most (90%) were felons. Sixty-nine percent 
of these offenders received one of two forms of post-incarceration
supervision: supervised release (68,496) or parole (4,070). The 
remainder (30,782) were under probation supervision. Most of the
probationer population had been convicted of either a property 
felony (38%) or some type of misdemeanor offense (32%). Fifty-
four percent of offenders under supervised release and 47% of 
parolees had been convicted of a drug offense.

Among the 103,348 offenders under active Federal supervision at 
the end of fiscal year 2001, 78% were male; 63% were white; 82%
were of non-Hispanic origin; 38% were over age 40 (compared to 
30% who were between 31-40 years of age and 32% who were 30 or 
younger); 36% had a high school diploma only (compared to 31% who 
had at least some college and 32% who had less than a high school 
diploma); and 62% had no known drug history.  

Outcomes of offenders completing
supervision

Probation -- During 2001, 14,961 offenders completed one or more 
terms of active probation. Overall, 80% of offenders successfully 
completed their term of probation, another 18% violated their 
conditions of probation, and the remaining 2% were administrative 
closures. Of offenders terminating probation, 6% committed a new
crime. Most committed technical violations, including drug use 
(3%) or absconding (2%).

Offenders convicted of violent offenses were less likely than 
others to successfully complete a term of probation without a 
violation.  During 2001, 27% of probationers convicted of violent
offenses violated their conditions of probation, as did 25% of 
weapon and immigration, 18% of drug, and 15% of property 
offenders. Violent and immigration probationers were also more
likely to commit new crimes (12%) than were probationers convicted 
of weapon (10%), drug (7%), or property (5%) offenses. 

Supervised release -- During 2001, 24,966 offenders completed terms 
of supervised release.  Overall, 64% of them successfully completed 
their term of supervised release; 21% committed technical violations, 
such as drug use (8%) or absconding (5%); and almost 13% of these 
offenders violated their supervision by committing a new crime. The
remaining 2% had their supervision administratively terminated.

Immigration offenders were less likely than others to complete 
a term of supervised release without a violation.  Sixty-seven 
percent of immigration offenders violated conditions of
supervised release, while 44% of weapon, 32% of drug, and 28% 
of property offenders violated supervised release.  Immigration 
offenders were also more likely to commit new crimes (40%)than 
offenders convicted of violent (20%), weapon (17%), drug (12%), 
or property (9%)offenses. 

Parole -- During 2001, 1,653 offenders completed terms of parole. 
Overall, 56% of these offenders successfully completed their
term of parole. Thirteen percent of these parolees violated 
their supervision by committing a new crime; 39% committed 
technical violations, such as drug use (10%) or absconding 
(6%); and 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,
while 30% of drug, and 23% of property offenders violated parole.  
Violent offenders were also more likely to commit new crimes
(20%) than offenders convicted of drug or property (9%) 
offenses.

Characteristics of offenders completing
supervision

Probation -- Among offenders who completed a term of probation, 
72% were male; 67% were white and 85% were of non-Hispanic origin;
33% were less than age 31 (compared to 40% over age 40); 

25% had less than a high school diploma (compared to 38% whose 
highest education was a high school diploma and 37% who had at
least some college education); and 79% 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 (40%) to violate conditions of supervision than 
probationers in other age groups -- 26% of those ages 21 to 30
and 13% of those over age 30. 

Probationers with a history of drug abuse were 6 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. Those who did not graduate high school had a 28% 
violation rate, those whose highest education was a high school 
diploma had a 17% violation rate, those with some college had 
a 13% violation rate, and those with a college degree had a 6% 
violation rate.

Supervised release -- Among those who completed a term of 
supervised release, 84% were male; 64% were white; 80% were of
non-Hispanic origin; 26% were less than age 31 (41% were over 
age 40); 38% had only some high school (35% whose highest 
education was a high school diploma and 27% had at least
some college); and 26% 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 -- 36% of those under age 31
violated a condition of their supervision compared to 20% of 
those over age 40.

Releasees with a history of drug abuse were 3 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. Those who did not graduate
from high school had a 44% violation rate, those whose highest 
education was a high school diploma had a 32% violation rate, 
those with some college had a 23% violation rate, and those 
with a college degree had a 10% violation rate.

Parole -- Among those who completed a term of parole, 96% were 
male; 58% were white; 87% were of non-Hispanic origin; 82% were 
over age 40; 43% had only some high school (37% whose highest 
education was a high school diploma and 20% had at least some 
college); and 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 3 times 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 supervision with 
technical violations or new crimes.

Releasees with lower levels of education were usually more 
likely to violate conditions of parole than those with higher 
levels of education. Those whose highest education was a high 
school diploma had a 39% violation rate, those who did not 
graduate from high school had a 44% violation rate, those 
with some college had a 26% violation rate, and those with
a college degree had a 15% violation rate.

Admissions, releases, and standing
population of Federal prisoners

The Federal prison population grew by 7,333 persons during 
fiscal year 2001, increasing from 129,062 sentenced prisoners 
to 136,395.***Footnote 1: Tables 7 .9-7. 16 exclude prisoners
sentenced by a District of Columbia Superior Court judge for
violations of the DC Criminal Code.*** The greatest growth was 
among drug, immigration, and weapon offenders. In 2001 the number 
of drug offenders in prison grew by 4,060, immigration offenders 
by 1,456, and weapon offenders by 1,593.

Federal prisoners: First releases and time
served

During 2001, 43,803 prisoners were released from Federal prison 
for the first time after serving a sentence imposed by a U.S. 
district court.***Footnote 2: Tables 7.11-7.16 include only 
prisoners first released by the BOP during 2001.*** Of these, 39,428 
were released by standard means. These standard releases served an 
average of 29.3 months in prison -- 91% of the sentence imposed, on 
average.***Footnote 3: Average time to first release is the number
of months in BOP facilities minus credits for time spent in jail
prior to final disposition or sentencing.  Percent of sentence
served is the average of all individual prisoners' percent of 
total sentence obligation served until first release.***  

The remaining 4,375 first releases were released by extraordinary 
means: 3,242 were released early due to participation in a drug
treatment program; 273 were deported; and 860 were released for 
other reasons -- including commutation, death or completion of 
an intensive confinement program. Drug offenders made up the 
majority of those released by extraordinary means (85%).

Time served until first release varied by offense: Violent 
offenders served an average of 54.8 months; drug offenders served 
an average of 41.8 months; weapons offenders served 43.7 months; 
property offenders served an average of 16.1 months; and the 
average number of months served by immigration offenders was 
15.2. 

While violent and drug offenders served more time before first 
release, property and public-order offenders served more of 
their sentences than violent and drug offenders.

Old law offenders -- those who committed crimes before implementation 
of Federal Sentencing Guidelines in November 1987 -- that were 
released in 2001 are not shown separately in any table.  Less than 
1%, or 340, of released offenders were old law offenders. New law
offenders released during 2001 served, on average, 28.5 months in 
prison (91% of the sentence imposed). Since the Guidelines
became effective as of November 1987, new law offenders sentenced 
to terms of imprisonment greater than 191 months could not have 
been released by standard means as of the end of fiscal year 
2001.***Footnote 4: The Federal Sentencing Guidelines allow a
prisoner up to 54 days per year for good behavior, so a prisoner
sentenced to 191 months in prison in November 1987 could have 
served 166 months of his or her sentence and been released in 
2001.***  They could have been released only for extraordinary 
reasons such as death, commutation, or treaty transfer.***Footnote 
5: Prisoners released for extraordinary reasons have been excluded 
from all time served and percent of sentence served calculations.***

Characteristics of Federal prisoners

Standing population -- Of prisoners in Federal prison at the end 
of 2001, 93% were male, 58% were white, 39% were black, 32% were
Hispanic, and 71% were U.S. citizens.  Fifty-four percent of the 
yearend population were 31 years of age or older.  This portrait 
of the Federal prison population was similar across offenses, 
with a few exceptions. Ninety-five percent of immigration offenders 
were white, 88% were Hispanic, and 4% were U.S. citizens. More than 
92% of violent and property offenders were non-Hispanic and U.S. 
citizens.

Prisoners released -- Of prisoners released during 2001, 88% were 
male, 74% were white, 23% were black, 46% were Hispanic, and 56%
were U.S. citizens. Fifty-four percent were 31 years of age or 
older.  These patterns were most similar for those released for 
drug offenses, and least similar for offenders released for 
immigration, weapon, and violent offenses. Ninety-five percent of 
released immigration offenders were male, 97% were white, 2% were 
black, 93% were Hispanic, and 5% were U.S. citizens.

Time served to first release -- Of prisoners released by standard 
methods, males served more time than females (an average of 30.3
months versus 20.9 months); blacks served more time than whites 
(42.0 months versus 25.4 months); and non-Hispanics served more 
time than Hispanics (34.8 months versus 23.4 months). Older persons 
served more time than younger (until over age 40), and U.S. citizens
served more time than noncitizens. However, across offenses, the 
overall pattern does not apply. For example, blacks served an 
average of 17 months longer than whites, but among violent and 
property offenders released from prison, whites served slightly more 
time than blacks. White offenders served an average of 57.8 months for 
violent offenses compared to 55.3 months by black offenders. Among 
violent offenders, Hispanics were in prison an average of 6 months 
longer than non-Hispanics before being released. U.S. citizens served 
slightly less time for immigration offenses than did noncitizens 
(11.9 versus 15.4).

Chapter notes

1) 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.

2) 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, 2001) were
selected.

Corporate defendants were excluded from table 7.1.

3) 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, 2000, through September 30, 2001, 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.

4) Table 7.9-7.16 were created from the Federal Bureau of Prisons 
(BOP) data files.

Tables 7.9 and 7.10 show sentenced prisoners in the custody of the 
BOP at the end of fiscal year 2001. Tables  7.11-7.16 include only
prisoners committed by U.S. district courts or released by the BOP 
during fiscal year 2001.

In these tables, a single person may be counted more than once if 
that person was committed into, or released from, the BOP more than 
one time during fiscal year 2001, or if that person appears in more 
than one column in a table, that is, in commitment and population.

Offense categories in these tables were based on combinations of 
offense designations used by the BOP. They are similar, but may 
not be directly comparable, to the categories used in other tables 
of this Compendium. Offenses for some prisoners admitted or released 
were not able to be classified; these offenders were included in the 
totals and are shown as "other prisoners" on the last line of tables.

In these tables, offenses were classified according to the offense 
associated with the longest single sentence actually imposed.
Classifications in other tables may have been based on the longest 
potential sentence allowed by law.

5) Tables 7.9-7.16 distinguish between prisoners committed by U.S. 
district courts for violations of the U.S. Code and other prisoners. 
Prisoners released after commitment from U.S. district court are 
called "first releases." The other admissions and releases include
offenders who returned to prison after their first release (such as 
probation, parole, or supervised release violators), offenders
convicted in other courts (such as military courts), and persons 
admitted to prison as material witnesses or for purposes of 
treatment, examination, or transfer to another authority. Tables 7.
9-7.16 exclude prisoners sentenced by a District of Columbia Superior 
Court judge for violations of the DC Criminal Code. Offenders who 
entered or left a prison temporarily -- such as for transit to another
location, for health care, or to serve a weekend sentence -- were not
counted as admitted or released. Persons who were detained for 
deportation by the Immigration and Naturalization Service and who 
were not criminal offenders were also not included in the tables.

Table 7.11 distinguishes between standard and extraordinary methods 
of release from prison. "Standard" releases include the usual
methods of exiting from prison, such as full-term sentence 
expirations, expirations with good time, mandatory releases, and 
releases to parole. Extraordinary releases are unusual exits from 
prison, such as death, commutation, and transfer to another facility.

6) Tables 7.11-7.16 include only prisoners committed by U.S. 
district courts and released by the BOP during fiscal year 2001. 
Prisoners committed by U.S. district court --  but not for a
violation of the U.S. Code, or whose offense could not be classified
-- were included in the total but are not shown separately. Table 
7.9, however, shows these prisoners separately. Other prisoners -- 
such as probation and parole violators and prisoners committed by 
other courts, such as military courts or District of Columbia 
Superior Court -- were excluded from tables 7.11-7.16, as were other 
persons admitted to Federal prison but not committed from a U.S. 
district court.

7) In tables 7.11-7.16, time served was calculated for prisoner's 
arrival into jurisdiction of the BOP until first release from 
prison, plus any jail time served and credited. The calculation is 
the same as that currently used by the BOP. Prisoners serving 
consecutive sentences may have total imposed sentences exceeding 
the longest single sentence length. Accordingly, time actually served 
may exceed the longest single imposed sentence. The percent of 
sentenced served (in tables 7.12 and 7.14) is the average of each 
individual prisoner's percent of sentence served. Because other 
publications may include different groups of prisoners, calculate 
time served differently, or use a different offense classification, 
data in tables in this Compendium may differ from estimates of time 
served in previous publications by the BOP or in publications based 
on other data sources.

Time served, as reported in tables 7.11-7.16 in this Compendium, 
may not be directly comparable to the calculation of time served 
in the 1993 and prior compendia. The methodology in this report 
uses additional information to identify prison commitment dates
and account for jail credit. In previous reports, jail credits 
were overestimated in some cases. In addition, time served 
estimates reported in tables 7.12-7.14 and 7.16 include only 
prisoners released by standard methods (expirations, mandatory 
releases, and releases to parole). Prisoners released by 
extraordinary means (such as death, commutation, and transfer) 
are excluded from the time served calculations in these tables.

8) Table 7.9 shows all persons admitted to, or released from, 
the jurisdiction of the BOP during fiscal year 2001, except 
those prisoners who were committed by a District of Columbia
Superior Court judge.  Prisoners counted in this column are 
the same as prisoners included in tables 7.11, 7.12, and 7.13. 
Table 7.9 shows in separate columns, as well as in the total,
prisoners committed by a U.S. district court   but not for a 
violation of the U.S. code, or whose offense could not be 
classified. Other columns in table 7.9 include prisoners who 
were committed by other courts, returned to prison for 
violation of the conditions of supervision, or were received 
for examination, treatment, or transfer to another jurisdiction. 
Offenders who returned to prison for a violation of the
conditions of supervision without a new court commitment, were 
classified according to the offense with the longest single 
sentence originally imposed at conviction.

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.

Some records in the Federal justice database are matched according to 
a statistically weighted combination of names, other personal
identifiers, dates of court appearances, types of offenses, and other 
relevant information contained in the files. Using the matched data
files, it is possible to combine information about two or more stages 
of the processing of a criminal matter or case, for example from
adjudication to probation or parole supervision.

Reporting period

Wherever possible, matters or cases have been selected according to 
the event which occurred during fiscal year 2001 (October 1, 2000,
through September 30, 2001). Some data files provided by source 
agencies are organized according to a calendar year time frame; 
these have been combined and divided into fiscal years for purposes 
of the Compendium. 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 2001 in this Compendium have 
been assembled from source files containing records of 2001 matters
concluded which were entered into the data system during fiscal years 
2001 or 2002.

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.

Many items of social and demographic information come from 
presentence investigation records, supervision records, or
sentencing records, and are available only for arrested 
defendants who were convicted and/or began serving a sentence 
involving supervised release. This particularly affects sex, 
race, ethnicity, and prior record information.

Table construction and interpretation

The tables presented report events that occurred during the 
Federal fiscal year   October 1, 2000 - September 30, 2001.
Generally the tables include both individual and organizational 
defendants. Organizational defendants are not included in tables 
describing defendants under pretrial release and detention,
defendants sentenced to incarceration, and offenders under post-
conviction supervision. Juvenile offenders 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, or a person leaving custody or supervision. 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 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 7.1-7.6. 
Tables 7.7-7.11 follow the convention of other BJS publications 
by separately tabulating offenders whose actual imposed sentences 
are less than or equal to 1 year and those whose actual sentences 
are greater than 1 year.

Most serious offense selection

Where more than one offense is charged or adjudicated, the most 
serious offense (the one that may or did result in the most 
severe sentence)is used to classify offenses. The offense 
description may change as the criminal justice process proceeds. 
Tables indicate whether investigated, charged or adjudicated
offenses are used. In chapter 2 the most serious offense is based 
on the criminal lead charge as determined by the assistant U.S. 
attorney responsible for the criminal proceeding. In chapter 3 
the major charged offense is based upon the Administrative Office's 
offense severity classification system, as determined by the
pretrial officer responsible for the case. To select this offense, 
the officer ranks offenses according to severity based on maximum
imprisonment, type of crime, and maximum fines. In chapter 4 the 
most serious offense charged is the one that has the most severe
potential sentence. For chapter 5 conviction offenses are based 
on statutory maximum penalties. In chapter 6 offenses are 
classified by the offense of conviction. In tables 7.1-7.6, 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, it was the offense carrying the
highest severity code as determined by the Administrative Office's 
offense severity code ranking. In tables 7.7-7.13, prisoners are
classified according to the offense which 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.

"All other felonies" 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. 

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.
sec sec. 1, 3, 8, 20, and 70(i)), and discrimination in pricing 
or in furnishing services or facilities (15 U.S.C. sec sec. 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 1 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. sec. sec. 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. sec sec. 
1857(e) and 1859; 18 U.S.C. sec sec. 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. sec sec. 461(c), 675(b), and 1041(c); 26 
U.S.C. sec sec. 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. sec sec. 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
(c)).

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. sec sec.
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. sec sec. 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. sec sec. 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 non-residential 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).) 

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(c)).

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 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. sec 
sec. 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 (i.e., 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.") 

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.

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 a 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.")

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. sec sec. 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. sec sec. 1760, 2971, and 3220(b)).

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. sec sec. 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. sec sec. 261 and 3425; and 50 U.S.C sec. 
823).

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. sec sec. 
1804 and 1809).  (See also, "Arson" and 18 U.S.C. sec sec. 
842(e)(g)(i)(k); and sec. 844(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.")

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. sec sec. 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. sec sec. 483, 493, 495, 497, 503, 505, 510(a)(b), and 511; 
19 U.S.C. sec. 1436; and 21 U.S.C. sec sec. 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."

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. sec sec. 1173
and 1175; and 18 U.S.C. sec sec. 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. 
sec sec. 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. sec sec. 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 18 U.S.C. sec. 3559.

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.)

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 which would have 
been a crime if committed by an adult (18 U.S.C. sec. 5031).

Kidnaping -- 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 kidnaping as well as conspiring to 
kidnap.  Also, includes kidnaping 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. sec sec. 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. sec sec. 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. sec sec. 1154, 1156, 
1263 and 1265; 26 U.S.C. sec sec. 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. sec sec. 
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. 
sec sec. 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. sec sec. 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.

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. sec 
sec. 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.)

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. sec sec. 1984, 1986, 1988 and 1990; 49 U.S.C. 
sec sec. 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. 
sec sec. 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 (18 U.S.C. sec sec. 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. 
sec sec. 1304(e) and 1306(b)(d); 10 U.S.C. sec sec. 976 and 2408;
18 U.S.C. sec sec. 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. sec sec. 
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. sec sec. 
2274(b), 2276, 2278(b) and 2384(b); and 50A U.S.C. sec sec. 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.")

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.

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. sec sec. 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 1 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, parole is being phased out.

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. sec sec.
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. sec sec. 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. sec sec. 
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. sec sec. 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. sec sec. 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.

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.   

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. sec. 
1281; 16 U.S.C. sec sec. 3, 45(d), 114, 121, 123, 152, 430(q), 
433, 470, 478, 481, 551, and 605; 18 U.S.C. sec sec. 1164, 
1361-62, 1364, 1852, 1854, 1856, 1858, 1860, 1863, 1864(c), and 
2071(b); 40 U.S.C. sec sec. 193 (h)(q)(r)(s); 43 U.S.C. sec. 
316; and 47 U.S.C. sec sec. 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.
sec sec. 228, 231, 1367, and 1385; 40 U.S.C. sec sec. 193(b)(d)
(g)(o)(p); and 47 U.S.C. sec sec. 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. 
sec sec. 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. sec sec. 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. 
sec sec. 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 the 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. 
sec sec. 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. sec sec. 
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.

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). 

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. sec 
sec. 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. sec sec. 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. sec sec. 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.)

Weapons violations -- violations of any of the provisions of 18 
U.S.C. sec sec. 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. sec sec. 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. sec sec. 922(a)(c)(e) (g)(i)(k)(m)(n)(q), 923, 
924(a)(c)(f)(h) and 930; 26 U.S.C. sec sec. 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)).

End of file
10/06/03  ih