U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Statistics

Federal Criminal Justice 

Trends, 2003
U.S. Department of Justice

Office of Justice Programs

810 Seventh Street, N.W.

Washington, D.C. 20531

Alberto R. Gonzales

Attorney General

 

Office of Justice Programs

Partnerships for Safer Communities

Regina B. Schofield

Assistant Attorney General

World Wide Web site:

http://www.ojp.usdoj.gov

 

Bureau of Justice Statistics

 Jeffrey L. Sedgwick 

 Director

World Wide Web site:

http://www.ojp.usdoj.gov/bjs

 

For information contact

National Criminal Justice Reference Service

1-800-851-3420
Federal Criminal Justice

Trends, 2003

Federal Justice Statistics Program

Mark Motivans

August 2006, NCJ 205331

U.S. Department of Justice 

Office of Justice Programs 

Bureau of Justice Statistics
U.S. Department of Justice

Bureau of Justice Statistics

Jeffrey L. Sedgwick

Director

This Bureau of Justice Statistics Report was prepared 

using data from the Federal Justice Statistics Program

(FJSP). The FJSP is managed by the Bureau of Justice

Statistics (BJS) and the Urban Institute under BJS grant

number 2005-BJ-CX-K004. Principal staff at BJS are Mark

Motivans and Steven K. Smith. Principal staff at the Urban

Institute are William Adams, Christine Arriola, Avi Bhati,

Kamala Mallik Kane, Barbara Parthasarathy, Laura Winterfield, and Yan Yuan. Thomas H. Cohen provided statistical

review. Carolyn C. Williams, Tom Hester, Marianne Zawitz,

Joanna Bradford, and Rhonda Keith 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 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);

James Tauber (DEA); Steven Schlesinger, Catherine

Whitaker, and Pragati Patrick (AOUSC); Siobhan Sperin and

Barbara Tone (EOUSA); and Christine Kitchens (USSC).

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 Home Page

(http://www.ojp.usdoj.gov/bjs/). The BJS-sponsored 

Federal Justice Statistics Resource Center (FJSRC) 

Internet Home Page (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-ROMs 

containing the Federal Justice database, call the National

Criminal Justice Reference Service at 1-800-851-3420.

http://www.ojp.usdoj.gov/bjs/

ii Federal Criminal Justice Trends, 2003
Contents

Federal Criminal Justice Trends, 2003 iii

Highlights, vii

Enforcement trends, 1

Arrests and bookings for Federal offenses

U.S. Marshals Service

Drug Enforcement Administration

Matters investigated by U.S. attorneys, 7

Immigration suspects referred to U.S. attorneys

Drug suspects referred to U.S. attorneys

Firearm suspects referred to U.S. attorneys

Matters concluded by U.S. attorneys, 11

Prosecutions in U.S. district court

Judicial and sentencing trends, 12

Pretrial release

Cases filed in U.S. district court

Cases terminated in U.S. district court

Defendants sentenced

Cases appealed

Correction trends, 29

Offenders in prison

Offenders on supervision

Notes, 38

Methodology, 43

Table construction and interpretation

Offense classifications

Data sources

Appendix, 45
Tables

iv Federal Criminal Justice Trends, 2003

Enforcement

1. Suspects arrested for Federal offenses and booked by USMS, by offense

2. Characteristics of suspects arrested and booked by the U.S. Marshals Service

3. Characteristics of immigration suspects arrested and booked by the U.S. 

Marshals Service

4. Suspects arrested by Drug Enforcement Administration agents, by type of drug

at arrest

5. Characteristics of suspects arrested by the Drug Enforcement Administration

for all drugs and for methamphetamine

6. Suspects in criminal matters investigated by U.S. attorneys, by offense

7. Disposition of suspects in matters concluded by U.S. Attorneys

Judicial and sentencing 

8. Number of pretrial defendants detained at any time prior to trial by offense

9. Behavior of defendants released prior to trial by offense

10. Characteristics of defendants at initial hearing in Federal district court

11. Defendants in cases concluded in U.S. district court

12. Adjudication outcomes of defendants in cases concluded in U.S. District court

13. Type of counsel of defendants in cases concluded by offense

14. Characteristics of defendants convicted in U.S. district court

15. Defendants convicted and percent receiving prison by offense

16. Defendants receiving prison sentence and mean sentence imposed

17. Defendants receiving a probation-only sentence

18. Defendants sentenced under the U.S. Sentencing Guidelines

19. Federal drug offenders receiving safety valve, 1998-2003

20. Federal offenders resentenced pursuant to Rule 35(b)

21. Criminal appeals filed in U.S. district court

Corrections

22. Federal prison population at fiscal yearend by offense

23. Characteristics of the Federal prison population 

24. Inmates in the Federal Bureau of Prisons by age

25. Average time served to first release from Federal prison

26. Offenders under Federal supervision, by offense

27. Characteristics of offenders under Federal supervision

28. Offenders under Federal supervision by type of supervision

29. Offenders terminating Federal supervision by outcome

Methodology

M.1. Breakout of main category offenses

M.2. Source agencies for data tables in Federal Criminal Case Processing

Appendix

A.1. Suspects arrested for Federal offenses and booked by the USMS

A.2. Suspects in criminal matters investigated by U.S. attorneys

A.3. Suspects in criminal matters concluded by U.S. attorneys

A.4. Suspects in criminal matters prosecuted by U.S. attorneys

A.5. Suspects in criminal matters concluded by U.S. magistrates

A.6. Suspects in criminal matters declined by U.S. Attorneys

 A.7. Defendants in cases proceeded against in U.S. district courts

 A.8. Defendants in cases terminating in U.S. district courts

A.9. Defendants in cases terminating in U.S. district courts: Percent convicted

A.10. Offenders convicted and sentenced in U.S. district courts

A.11. Offenders convicted and sentenced to prison in U.S. district courts

A.12. Criminal appeals filed

A.13. Offenders convicted and sentenced to probation

A.14. Offenders convicted and sentenced to prison: Mean number of months

 of imprisonment imposed
Figures

Federal Criminal Justice Trends, 2003 v

Enforcement

1. Suspects arrested for Federal offenses and booked by USMS, by 

selected offenses

2. Percent of growth in suspects arrested and booked by the U.S. Marshals by Federal judicial district

3. Suspects arrested and booked by the U.S. Marshals for an immigration

offense

4. Citizenship of suspects arrested and booked by the U.S. Marshals

Service

5. Country of citizenship of non-U.S. citizens arrested and booked by the

U.S. Marshals

6. Drug suspects arrested by the Drug Enforcement Administration

7. Suspects arrested by the Drug Enforcement Administration for methamphetamine by State

8. Suspects referred to U.S. attorneys by selected offenses

9. Immigration suspects referred to U.S. attorneys

10. Percent of immigration matters referred to U.S. attorneys by Federal

judicial district

11. Drug suspects referred to U.S. attorneys

12. Percent of drug matters referred to U.S. attorneys by Federal judicial

district

13. Firearms suspects referred to U.S. Attorneys

14. Percent of firearms matters referred to U.S. attorneys by Federal judicial district

15. Suspects prosecuted, declined, disposed by U.S. Magistrates

Judicial and sentencing

16. Defendants terminating pretrial services

17. Percent of growth in defendants detained prior to trial by Federal judicial district

18. Primary method of pretrial release

19. Criminal history of suspects arraigned in Federal district court

20. Percent of cases filed in U.S. district court by Federal judicial district

21. Percent of all felony cases concluded in each Federal judicial district

that ended in trial

22. Type of counsel at case conclusion

23. Average prison sentence imposed by offense

24. Percent of defendants sentenced within the U.S. Sentencing Guidelines range

25. Percent of defendants sentenced within the U.S. Sentencing Guidelines by selected offenses

26. Percent of drug offenders sentenced to statutory minimum sentences

27. Percent of defendants sentenced under the U.S. Sentencing Guidelines by cell

28. Percent of drug defendants sentenced receiving safety valve provision by Federal judicial district

29. Percent of defendants resentenced under Rule 35(b) by Federal judicial district

30. Criminal appeals terminated in U.S. district court by appeal type

31. Number of criminal appeals terminated 

32. Outcome of criminal appeals terminated on the merits

Corrections

33. Offenders under the jurisdiction of the Federal Bureau of Prisons 

by custody security level
Figures

vi Federal Criminal Justice Trends, 2003 

34. Offenders under the jurisdiction and custody of the Federal Bureau 

of Prisons

35. Offenders in custody with the Federal Bureau of Prisons by gender

36. Time served by inmates in Federal prison at fiscal yearend

37. Expected and actual time served among first releasees from Federal

prison

38. Percent of offenders under Federal supervision by type of supervision

39. Annual average percent change in offenders under Federal supervision by type of supervision

40. Percent of growth in offenders under Federal supervision by Federal

judicial district
 

Highlights

Federal Criminal Justice Trends, 2003 vii

Sources: Executive Office for U.S. Attorneys,

central system file, U.S. Marshals Service Prisoner Tracking System, Administrative Office of

the U.S. Courts, criminal master file, fiscal year.

< 1% 1-2.9% 3-5% > 5%

U.S. district court, 1994-2003

Percent of cases filed in 

Source: Administrative Office of the U.S. Courts,

criminal master file, fiscal year.

Given investigation, what is the

likelihood of prosecution?

0% 20% 40% 60% 80% 100%

Percent of suspects prosecuted

1998

1994

2003

Source: Executive Office for U.S. Attorneys,

central system file, fiscal year.

Federal criminal justice trends, 1994-2003

Number of suspects/defendants increased steadily across all

stages of the Federal criminal justice system

Drug offenders most prevalent; immigration and weapon 

offenders increased most rapidly

y The 10-year average annual increase was greatest for immigration

(ranging from 14% for arrests to 25% for prison sentences imposed)

and weapon offenses (ranging from 10% for prosecution to 11% for

matters investigated by U.S. attorneys). 

y Drug offenses remained the most prevalent offense across stages

over 10-year period.

Southwest United States produced a disproportionate 

share of suspects and defendants processed

• Five of 94 Federal judicial districts (Southern District of California,

District of Arizona, District of New Mexico and Southern and Western

Districts of Texas) comprised 31% of all suspects arrested and

booked, 19% of suspects investigated, 23% of defendants in cases

filed in U.S. district court, and 28% of offenders sentenced to prison

(1994-2003).

Likelihood of prosecution, conviction, 

and imprisonment sentence increased

y The percent of suspects prosecuted (of matters concluded by U.S.

attorneys) increased from 54% in 1994 to 62% in 2003. 

y Eighty-nine percent of defendants were convicted in 2003 (of those

charged) compared with 83% in 1994. The conviction rate for drug

defendants increased from 86% in 1994 to 92% in 2003. 

y The percent of offenders sentenced to prison (of those convicted)

increased from 65% in 1994 to 76% in 2003. Eighty-three percent of

defendants convicted of a felony were sentenced to prison in 2003

compared with 78% in 1994. 

Rate of pretrial detention increased

y Seventy-six percent of defendants terminating pretrial services in

2003 were detained compared with 58% in 1994. 

y Fifty-nine percent of defendants in 2003 had a prior conviction at

initial hearing compared with 48% in 1994. 

Defendants sentenced to prison 33,022 57,629

Defendants convicted 50,701 75,805

Defendants charged 62,327 92,085

Suspects arrested and booked 80,730 131,064

Suspects investigated 99,251 130,078

Stage 1994 2003

Number of suspects/

defendants processed

Suspects/defendants—

1996 2003 1998 2000 2002

0

40,000

80,000

120,000

160,000

Number of suspects/defendants processed

Investigated

Arrested Charged

Convicted

Imprisoned

1994
viii Federal Criminal Justice Trends 

Criminal trials declined

y Jury trials decreased from 8% of cases concluded in 1994 to 4% in 2003.

y Ninety-six percent of convictions in U.S. district court in 2003 were 

the result of guilty pleas compared with 91% in 1994.

Number of Federal prison inmates increased

y The Federal prison population increased an average of 7% each year

from 1994-2003. The largest average annual increases over this period

were for immigration (24%) and weapon offenses (10%). Drug offenders

comprised 57% of prisoners in 2003 compared to 61% in 1994.

y The average prison term imposed decreased from 63 months in 1994 to

59 months in 2003. The average prison term imposed declined for drug offenders from 84 months in 1994 to 82 months in 2003 and increased for

violent offenders from 92 months in 1994 to 98 months in 2003.

y Offenders released for the first time from Federal prison served an average of 33 months in prison in 2003 compared to 25 months in 1994.

y 26% of inmates in Federal prison at fiscal yearend 2003 had served 5

years in prison up from 9% in 1994. Of those who had served 5 or more

years at yearend 2003, 22% were over the age of 50.

Federal sentencing guidelines applied in most cases 

y Sixty-nine percent of offenders sentenced in 2003 received sentences

within ranges set forth under the Federal sentencing guidelines (compared

with 72% in 1994). 

y Sixty-nine percent of immigration offenders were sentenced within the

Federal sentencing guidelines in 2003 (compared with 91% in 1994).

y Just over half of offenders (54%) sentenced under the Federal sentencing guidelines from 1994-2003 were assigned the lowest criminal history

score level as determined by the guidelines at sentencing.

y The percent of drug offenders receiving a 5-year or greater statutory

minimum sentence under the Federal sentencing guidelines decreased

from 66% in 1996 to 60% in 2003.

Supervised release most common form 

of Federal community supervision 

y Offenders on Federal supervised release surpassed the number of offenders on probation from 1994 to 2003. Offenders on supervised release

comprised 70% of offenders on community supervision in 2003 compared

with 39% in 1994.

y Offenders on Federal parole comprised 3% of offenders under supervision in 2003 compared with 15% in 1994.

Drug offenders on Federal supervision increased

y Drug offenders surpassed property offenders as most common offense

under Federal supervision in 1999. Drug offenders increased from 32% of

those on supervision in 1994 to 42% in 2003. 

y Forty percent of offenders under Federal supervision in 2003 reported a

drug abuse history compared with 31% in 1994.

Given prosecution, what is the

likelihood of conviction?

0% 20% 40% 60% 80% 100%

Percent of defendants convicted

1998

1994

2003

Given conviction, what is the

likelihood of imprisonment?

0% 20% 40% 60% 80% 100%

Percent of defendants sentenced to prison

1998

1994

2003

Sources: Administrative Office of the U.S.

Courts, criminal master file, fiscal year.

1996 2002 2003 1998 2000

0

20

40

60

80

100%

Percent of drug defendants sentenced

Statutory minimum sentence of 5

years or more imposed

Statutory minimum sentence of 5

years or more not imposed

Source: U.S. Sentencing Commission

monitoring file, fiscal year.

Source: U.S. Sentencing Commission monitoring file, fiscal year.

Immigration offenses 90.7 68.5

Weapon offenses 77.3 76.8

Public-order offenses 75.3 72.3

Drug offenses 60.8 62.4

Property offenses 81.1 78.2

Violent offenses 75.0 75.7

All offenses 71.7% 69.4%

Most serious offense 1994 2003

Percent of defendants receiving within

range sentences underFederal sentencing

guidelines
Enforcement trends

Federal Criminal Justice Trends 1

Public-order 11,596 9,841 8,772 8,591 -3.1 14.4 6.6

Supervision violations 12,719 15,603 21,777 23,605 7.3 15.8 18.2

Material witness 886 4,016 3,918 4,615 21.9 1.1 3.6

Immigration 8,777 22,849 25,270 27,620 14.2 10.9 21.3

Weapon 3,885 4,268 7,488 9,416 11.9 4.8 7.3

Drug 23,268 31,867 33,730 34,217 4.4 28.9 26.4

Property 15,540 16,569 17,268 17,258 1.2 19.3 13.3

Violent 3,905 4,254 4,723 4,484 2.0 4.8 3.5

All arrests 80,730 109,340 124,074 131,064 5.6% 100.0% 100.0%

Most serious offense 1994 1999 2002 2003 1994 2003

Number arrested and booked Profile percent

Average

annual

change

1994-2003

Table 1. Suspects arrested for Federal offenses and booked by the U.S. Marshals

Service, by type of offense, 1994-2003

Arrests and bookings by the U.S. Marshals Service

Drug offenses were the most prevalent offense among suspects arrested and booked by U.S. Marshals.

y Immigration offenses had the greatest net increase (18,843 more arrests in 2003 than 1994).

Number of suspects arrested for 5 fastest growing offenses

1994 2002 1996 1998 2000 2003

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000 Drug

Immigration

Supervision violations

Weapons

Material witness

Figure 1

Suspects arrested and booked by the U.S. Marshals Service increased an average of 6% annually from 1994-2003.
 

2 Federal Criminal Justice Trends

Non-U.S. citizen 27.0 37.9

U.S. citizen 73.0% 62.1% ¤ U.S. citizen (62%)

Citizenship

Over 40 years 24.7 23.3

31-40 years 31.3 30.4

21-30 years 37.3 39.7 ¤ 21-30 years (40%)

19-20 years 5.0 5.1

Under 19 years 1.8% 1.6%

Age at arrest

2.3 1.8

Asian/Native Hawaiian 

or Other Pacific Islander

1.4 1.8

American Indian or Alaska 

Native

Black or African American 29.8 25.8

White 66.5% 70.5% ¤ White (71%)

Race

Female 14.7 13.9

Male 85.3% 86.1% ¤ Male (86%)

Gender

Number arrested 80,730 131,064

Suspect characteristics 1994 2003

In 2003 suspects were 

most likely to be C

Number and percent

arrested and booked

Table 2. Characteristics of suspects arrested and booked 

by the U.S. Marshals Service, 1994-2003

Four Federal judicial districts along the Southwest border comprised 54% of the growth

in arrests and bookings between 1994 and 2003.

Figure 2

< 1% 2.01-6%

1-2% > 6%

Percent of growth (1994-2003) in suspects 

arrested and booked by the U.S. Marshals

District of New

Mexico (5%)

W. District of

Texas (16%) S. District of

Texas (18%)

District of 

Arizona (15%)
Federal Criminal Justice Trends 3

Non-U.S. citizen 96.4 93.4 ¤ Non-U.S. citizen (93%)

U.S. citizen 3.6% 6.6%

Citizenship

Over 40 years 8.8 15.0

31-40 years 28.1 32.8

21-30 years 52.2 45.2 ¤ 21-30 years (45%)

19-20 years 8.1 5.3

Under 19 years 2.9% 1.8%

Age at arrest

2.1 0.8

Asian/Native Hawaiian 

or Other Pacific Islander

0.2 0.2

American Indian or Alaska 

Native

Black or African American 6.4 2.5

White 91.3% 96.5% ¤ White (97%)

Race

Female 8.3 7.0

Male 91.7% 93.0% ¤ Male (93%)

Gender

All arrestees 8,777 27,620

Suspect characteristics 1994 2003

In 2003 suspects were 

most likely to be C

Number and

percent 

Table 3. Characteristics of immigration suspects arrested 

and booked by the U.S. Marshals Service, 1994-2003

Illegal entry/reentry offenses comprised the bulk of U.S. Marshals Service arrests for immigration offenses.

Figure 3

Other

Number of suspects arrested

Illegal entry/reentry

Smuggling

and booked for an immigration offense

False citizenship

1994 1996 1998 2000 2002 2003

0

5,000

10,000

15,000

20,000

25,000
4 Federal Criminal Justice Trends

Non-U.S. citizens comprised a growing share of suspects arrested and booked by the U.S. Marshals.

y In 2003 non-U.S. citizens made up 38% of suspects arrested compared to 27% in 1994.

Number of suspects arrested and booked

1994 1996 1998 2000 2002 2003

0

20,000

40,000

60,000

80,000

U.S. citizens

Non-U.S. citizens

Figure 4

Citizens of Mexico comprised the largest share of non-U.S. citizen suspects arrested and booked 

by the U.S. Marshals Service from 1994 to 2003.

< 50 50-250 251-1,000 1,001-10,000 > 10,000

Number of non-U.S. citizen suspects arrested and booked

by the U.S. Marshals by country of citizenship (1994-2003)

Mexico (76%)

Colombia (3%)

China (1%)

Dominican

Republic (3%)

Figure 5
 

Federal Criminal Justice Trends 5

The number of drug arrests by the Drug Enforcement Administration reached a peak in 1999.

Figure 6

Powder cocaine

Crack cocaine

Methamphetamine

Marijuana

0

2,000

4,000

6,000

8,000

10,000

Number of drug arrests

1994 1996 1998 2000 2002 2003

Drug arrests by the Drug Enforcement Administration

Other or non-drug 1,141 2,429 3,289 2,807 11.7 5.3 10.5

Opiates 1,966 3,394 2,387 2,280 2.6 9.1 8.5

Methamphetamine 2,311 8,727 6,406 5,766 12.9 10.7 21.5

Marijuana 5,260 8,204 5,402 5,633 1.4 24.3 21.0

Crack cocaine 4,048 6,387 4,400 3,842 0.6 18.7 14.3

Cocaine powder 6,967 9,745 7,261 6,522 -0.2 32.1 24.3

All arrests 21,693 38,886 29,145 26,850 3.1% 100.0% 100.0%

1994 1999 2002 2003 1994 2003

Most serious offense Profile percent

at arrest

Number of drug suspects arrested 

by the Drug Enforcement Administration

Average

annual

change

1994-2003

Table 4. Suspects arrested by the Drug Enforcement Administration, 

by type of drug at arrest, 1994-2003

Methamphetamine arrests comprised 22% of Drug Enforcement Administration arrests

in 2003 compared with 11% of arrests in 1994.
 

6 Federal Criminal Justice Trends

Figure 7

From 1994 to 2003 the Drug Enforcement Administration made more than 26,000 methamphetamine arrests, 44% of all

domestic methamphetamine arrests, in 4 States: California, Texas, Arizona, and Missouri.

y Twenty-five percent of DEA arrests for methamphetamine were in California.

< 1% 2.01-5%

1-2% > 5%

Percent of total DEA methamphetamine

 arrests by State, 1994-2003

California (25%)

Texas (6%)

Arizona (7%)

Missouri (6%)

Demographic characteristics of suspects arrested for methamphetamine remained mostly

the same between 1995 and 2003.

Non-U.S. citizen 25.6 23.0 23.6 22.1

U.S. citizen 74.4% 77.0% 76.4% 77.9% ¤ U.S. citizen (78%)

 Citizenship

Over 40 years 18.9 19.1 19.6 20.9

31-40 years 30.1 29.3 36.4 31.1

21-30 years 41.7 43.9 38.6 40.9 ¤ 21-30 years (41%)

19-20 years 5.8 5.7 3.9 5.3

Under 19 years 3.4% 2.0% 1.5% 1.7%

Age at arrest

Not Hispanic or Latino 58.8 57.0 67.7 59.8 ¤ Not Hispanic or Latino (60%)

Hispanic or Latino 41.2% 43.0% 32.3% 40.2%

Ethnicity

1.4 2.0 4.5 3.3

Asian/Native Hawaiian 

or Other Pacific Islander

0.2 0.5 0.2 0.7

American Indian or Alaska 

Native

Black or African American 33.9 27.5 1.6 2.5

White 64.5% 70.0% 93.8% 93.5% ¤ White (94%)

Race

Female 15.9 15.8 18.1 19.8

Male 84.1% 84.2% 81.9% 80.2% ¤ Male (80%)

Gender

All arrestees 24,486 26,850 3,020 5,766

Suspect characteristics 1995 2003 1995 2003

In 2003 methamphetamine suspects 

were most likely to be C

Number and percent 

of arrested

Number and percent

of arrested 

All arrests Methamphetamine 

Table 5. Characteristics of suspects arrested by the Drug Enforcement 

Administration, 1995-2003
Matters investigated by U.S. attorneys

Federal Criminal Justice Trends 7

The number of suspects referred for immigration and weapons matters increased steadily from 1994-2003. 

y Suspects referred for drug offenses also increased and remained the most prevalent offense of referral.

Weapons

Immigration

Drug

Violent

Public order

Property

1994 1996 1998 2000 2002 2003

0

10,000

20,000

30,000

40,000

Number of suspects referred to U.S. attorneys

Figure 8

The number of suspects in matters referred to U.S. attorneys increased an average of 3% each year from 1994-2003.

ySuspects referred for property offenses declined an annual average of 2%.

Other 14,084 16,484 18,734 18,351 3.6 14.4 14.3

Regulatory 5,059 6,332 4,738 5,366 1.2 5.2 4.2

Public order 19,143 22,816 23,472 23,717 2.7 19.5 18.4

Immigration 5,526 15,539 16,699 20,341 16.8 5.6 15.8

Weapons 5,996 6,982 11,200 14,022 11.4 6.1 10.9

Drug offenses 29,311 37,313 38,150 37,416 2.9 29.9 29.1

Other 4,088 3,811 3,302 3,114 -2.8 4.2 2.4

Fraudulent 28,491 24,200 24,019 24,261 -1.7 29.0 18.9

Property 32,579 28,011 27,321 27,375 -1.8 33.2 21.3

Violent 5,570 5,768 6,392 5,688 0.9 5.7 4.4

All matters referred 99,251 117,994 124,335 130,078 3.1% 100.0% 100.0%

1994 1999 2002 2003 1994 2003

Most serious offense Number of suspects referred to U.S. attorneys Profile percent

investigated

Average

annual

change

1994-2003

Table 6. Suspects in matters referred to U.S. attorneys by type of offense, 1994-2003
8 Federal Criminal Justice Trends

Immigration suspects referred to U.S. attorneys 

The number of suspects investigated for illegal reentry increased more than other types of immigration offenses.

0

3,000

6,000

9,000

12,000

Number of suspects

1994 2002 2003 1996 1998 2000

Alien smuggling

Illegal entry

Illegal reentry

Misuse of visas

Figure 9

Sixty-three percent of immigration matters referred to U.S. attorneys from 1994-2003 were 

from the five Federal judicial districts along the U.S.-Mexico border. 

Figure 10

< 1% 2.01-4%

1-2% > 4%

Percent of immigration suspects 

referred to U.S. attorneys (1994-2003)

S. District of

California (17%)

District of

Arizona (13%)

District of New

Mexico (6%)

W. District of

Texas (15%) S. District of

Texas (12%)
Federal Criminal Justice Trends 9

Drug suspects referred to U.S. attorneys 

The number of suspects investigated for trafficking increased more than conspiracy and other drug offenses.

0

5,000

10,000

15,000

20,000

25,000

Number of suspects

1994 2003 1996 1998 2000 2002

Conspiracy

Other drug

offenses

Trafficking

Figure 11

Five Federal judicial districts comprised 26% of all drug suspects referred to U.S. attorneys from 1994 to 2003.

Figure 12

< 1% 2.01-5%

1-2% > 5%

Percent of drug suspects referred

to U.S. attorneys (1994-2003)

S. District of

District of

California (5%)

Arizona (4%)

S. District of

Texas (6%)

W. District of

Texas (7%)

S. District of

Florida (4%)
10 Federal Criminal Justice Trends

Firearm suspects referred to U.S. attorneys 

Investigations of firearm suspects increased an annual average of 11% from 1994-2003.

y Suspects referred for firearm possession comprised 90% of firearm referrals 

in 2003 compared with 64% in 1994. 

0

3,000

6,000

9,000

12,000

15,000

Number of suspects

1994 1996 1998 2000 2002 2003

Possession

Transfer

Other

Figure 13

Six Federal judicial districts each comprised 3% or more of all suspects investigated for 

firearm matters from 1994 to 2003.

Figure 14

< 1% 2.01-2.9%

1-2% 3% and over

Percent of firearm suspects 

referred to U.S. attorneys (1994-2003)

E. District of

Michigan (3%)

E. District of

Pennsylvania (3%)

E. District of

E. District of

District of South

Kentucky (3%)

Virginia (3%)

Carolina (3%)

S. District of

Florida (3%)
Matters concluded by U.S. attorneys

Federal Criminal Justice Trends 11

Sixty-two percent of suspects were prosecuted by U.S. attorneys in 2003, up from 54% in 1994.

y The median time from receipt of a matter to its disposition (prosecution, declination, disposal 

 by U.S. magistrate) decreased from just over 3 months in 1994 to less than 2 months in 2003. 

y The number of suspects in matters declined decreased from 36% of matters concluded in 1994

 to 26% in 2003.

U.S. attorneys prosecuted 80,106 suspects in 2003 compared to 50,802 in 1994.

y Matters concluded by U.S. magistrate increased by a yearly average of 6% from 1994-2003.

0

30,000

60,000

90,000

Number of suspects

1994 1996 1998 2000 2002 2003

Prosecuted in U.S. district court

Declined

Disposed by magistrate

Figure 15

Concluded by U.S. magistrate 10.3 11.5 9,754 14,810 5.5 1.0 2.1

Declined prosecution 36.2 26.2 34,424 33,602 -0.1 12.7 13.7

Prosecuted before U.S. district court judge 53.5 62.3 50,802 80,106 5.2 0.9 0.9

All suspects 100.0% 100.0% 94,980 128,518 3.5% 3.3mo 1.7mo

1994 2003 1994 2003 1994 2003

Number

Median case 

processing time

Percent of all

matters concluded

Average 

annual 

change

1994-2003

Table 7. Suspects in matters concluded by U.S. attorneys by disposition and median case processing time, 1994-2003
Judicial and sentencing trends

12 Federal Criminal Justice Trends

The number of defendants detained at anytime prior to trial increased by an annual average of 9%.

y Nearly a third of detained defendants terminating pretrial services were charged with a drug offense.

y Defendants charged with immigration offenses had the largest increase of those receiving 

 pretrial detention.

y The percent of defendants detained prior to case termination increased from 58% in 1994 to 76% by 2003.

I. Initial hearing/Pretrial release

Public order 1,419 2,986 3,407 3,655 11.5 3.1 4.8

Immigration 3,225 11,440 13,966 17,232 21.5 7.1 22.6

Weapons 1,747 1,900 3,670 4,763 12.7 3.8 6.2

Drug offenses 14,292 21,221 23,346 23,578 5.9 31.4 30.9

Property 3,138 4,301 5,531 5,930 7.5 6.9 7.8

Violent 2,478 2,778 2,549 2,611 1.1 5.4 3.4

All defendants detained 26,299 44,626 52,515 57,856 9.3 57.7 75.8

All cases terminated 45,584 65,559 71,572 76,305 6.0% 100.0% 100.0%

1994 1999 2002 2003 1994 2003

Most serious offense Profile percent

charged

Average

annual

change

1994-2003

Number of defendants terminating 

pretrial services

Table 8. Number of pretrial defendants detained at any time prior to case termination, by offense

The number of defendants terminating pretrial services increased by an average of 6% each year from 1994 to 2003. 

0

20,000

40,000

60,000

80,000

Number of defendants

1994 2002 1996 1998 2000 2003

Total terminating

pretrial release

Detained anytime

prior to disposition

Released anytime

prior to disposition

Figure 16
Federal Criminal Justice Trends 13

Five Federal judicial districts along the Southwest U.S. border comprised 48% of the growth 

in persons detained at any time prior to trial from 1994 to 2003. 

Figure 17

< 1% 3.01-6%

1-3% > 6%

Percent of growth in defendants

detained prior to trial (1994-2003)

S. District of

Texas (14%)

W. District of

Texas (8%)

District of

S. District of

Arizona (16%)

California (4%)

District of

New Mexico (6%)

Unsecured bond remained the primary method of release for defendants released 

any time prior to case disposition during the 1994-2003 period.

Figure 18

1994 1996 1998 2000 2002 2003

0

5,000

10,000

15,000

20,000

Number of released defendants

Personal recognizance

Unsecured bond

Financial release

Conditional release
14 Federal Criminal Justice Trends

A greater percentage of defendants released prior to trial violated a condition of their release (technical violation, 

new crime, failure to appear) in 2003 (20%) compared with 1994 (15%).

Public-order 3,959 93.4 4.9 1.2 1.1 5,240 91.9 7.3 1.3 1.0

Immigration 1,357 96.0 1.5 1.0 1.7 1,463 81.7 16.5 2.3 4.3

Weapons 1,478 79.5 14.1 5.9 2.2 2,562 68.5 28.7 6.9 2.7

Drug 9,814 76.3 17.7 4.2 3.8 10,776 70.2 27.8 4.9 3.1

Property 9,748 89.8 6.9 2.7 1.5 10,349 87.7 11.2 2.3 1.4

Violent 1,174 79.2 15.8 4.5 2.2 1,156 77.7 20.9 3.0 2.8

All offenses 27,607 84.8% 10.9% 3.2% 2.3% 31,613 80.2% 18.2% 3.4% 2.2%

Failure to

appear

New

crime

Technical

violations

No

violations

Failure to

appear

New 

crime

Technical

violations

No

violations

Total Behavior of defendants released prior to trial C

defendants

released

Total Behavior of defendants released prior to trial C

defendants

released

Most serious

offense 

1994 2003

Table 9. Behavior of defendants released prior to trial by offense, 1994 and 2003
 

Federal Criminal Justice Trends 15

Most defendants in pretrial cases commenced from 1994-2003 had a prior conviction.

y The proportion of pretrial defendants with a prior conviction at initial hearing has been increasing.

Figure 19

0

10

20

30

40

50

60%

Percent of defendants

Prior conviction

No criminal history

Prior arrest only

1994 2002 2003 1996 1998 2000

The characteristics of defendants with a prior conviction varied modestly from all offenders.

Non-U.S. citizen 25.3 36.6 18.9 32.9

U.S. citizen 74.7% 63.4% 81.1% 67.1% ¤ U.S. citizen (67%)

 Citizenship

Over 40 years 25.0 23.7 22.5 22.7

31-40 years 29.9 30.0 33.0 32.8

21-30 years 37.9 39.6 39.3 40.3 ¤ 21-30 years (40%)

19-20 years 3.0 2.9 2.5 2.2

Under 19 years 4.3% 3.8% 2.6% 2.0%

Age at arrest

Not Hispanic or Latino 68.9 55.9 73.3 58.0 ¤ Not Hispanic or Latino (58%)

Hispanic or Latino 31.1% 44.1% 26.7 % 42.0%

Ethnicity

2.7 2.5 1.3 1.4

Asian/Native Hawaiian 

or Other Pacific Islander

1.5 2.0 1.7 2.1

American Indian or Alaska 

Native

Black or African American 30.2 24.6 36.4 29.2

White 65.6% 71.0% 60.6% 67.3% ¤ White (67%)

Race

Female 16.2 14.8 9.3 9.3

Male 83.8% 85.2% 90.7% 90.7% ¤ Male (91%)

Gender

All defendants 49,853 83,419 23,690 48,919

Defendant characteristics 1994 2003 1994 2003

In 2003 defendants with a prior

conviction were most likely to be C

Defendants with 

a prior conviction

All defendants 

at initial hearing

Table 10. Characteristics of defendants at initial hearing in Federal district court, 1994-2003
 

16 Federal Criminal Justice Trends

Misdemeanors 23.0 12.6 14,111 10,736 -2.7 70.4 68.1

Public-order offenses 7.5 5.3 4,620 4,472 0.0 81.0 86.4

Immigration offenses 3.9 17.8 2,371 15,149 24.0 92.2 96.6

Weapon offenses 6.0 9.6 3,673 8,147 9.7 85.2 89.8

Drug offenses 32.9 33.6 20,219 28,597 4.2 85.9 91.9

Property offenses 21.5 17.6 13,182 14,965 1.5 87.3 91.2

Violent offenses 5.3 3.6 3,227 3,040 -0.4 87.9 90.5

Felonies 77.0 87.4 47,292 74,370 5.3 86.2 92.1

All offenses 100.0% 100.0% 61,404 85,106 3.8% 82.6% 89.1%

Most serious offense charged 1994 2003 1994 2003 1994 2003

Percent Number 

Percent of defendants

convicted

Average

annual

change

1994-2003

Defendants in cases concluded

Table 11. Number of defendants in cases concluded in U.S. district court and percent convicted, 1994-2003

II. Cases filed and terminated in U.S. district court

< 1% 1-2.9% 5% and more 3-4.9%

Percent of all cases filed in U.S. district court, 1994-2003

W. District of

Texas (6%)

S. District of

California (5%)

S. District of

Texas (5%)

District of

Arizona (5%)

District of

New Mexico (2%)

Figure 20

From 1994 to 2003, 23% of criminal cases were filed in Federal judicial districts along the Southwest 

U.S. border.

Defendants in criminal cases concluded in U.S. district court increased at a yearly average of 4% 

from 1994 to 2003 with immigration offenses increasing at the greatest rate.

y The percent of defendants convicted increased for all types of felonies.
 

 

Federal Criminal Justice Trends 17

< 3% 7.01-10%

3-7% > 10%

in each Federal judicial district that

Percent of all felony cases concluded

ended in trial (1994-2003) 

N. District of

Florida (16%)

M. District of

Alabama (15%)

District of Rhode

Island (12%)

S. District of

California (1%)

District of

Arizona (2%)

District of

New Mexico (2%)

Three Federal judicial districts had a trial rate (percent of bench or jury trials of all concluded cases) that was more

than double the national average of 6% from 1994-2003. Three districts had a trial rate that was less than half the

national average.

Figure 21

Acquitted by court 0.9 0.3 555 282 -4.0 0.0 0.0

Acquitted by jury 1.3 0.6 782 478 -5.1 6.0 6.5

Dismissed 15.3 10.0 9,366 8,541 -0.6 5.4 6.2

Not convicted 17.4% 10.9% 10,703 9,301 -1.2% 5.1 mo 6.0 mo

No contest 0.6 0.5 391 452 4.0 0.0 0.0

Bench trial 0.8 0.4 495 333 1.7 0.3 4.4

Jury trial 6.3 2.9 3,857 2,431 -4.6 9.6 13.2

Guilty plea 74.8 85.3 45,958 72,589 5.3 5.2 6.0

Convicted 82.6% 89.1% 50,701 75,805 4.7% 5.4 mo 6.1 mo

All defendants in cases concluded 100.0% 100.0% 61,404 85,106 3.8% 5.4 mo 6.1 mo

Adjudication outcomes 1994 2003 1994 2003 1994 2003

Median case

Percent Number processing time

Average 

annual 

change

1994-2003

Table 12. Adjudication outcomes of defendants in cases concluded in U.S. district courts 

and median case processing time, 1994-2003

The proportion of all defendants convicted in the Federal courts increased from 83% during 1994 to 89% in 2003.

y The median case processing time from case filing to disposition increased from

 5 months in 1994 to 6 months in 2003.

y Cases concluded before a jury declined from 4,639 in 1994 to 2,909 in 2003.
18 Federal Criminal Justice Trends

Type of counsel at case termination varied by type of offense:

y In 2003 more than 40% of the caseload for Criminal Justice Act-appointed and private counsel 

was made up of drug offenses. 

yImmigration offenses comprised almost one-third of the caseload for public defenders in 2003.

Figure 22

In 2003 the most common types of counsel at case termination were public defender 

and Criminal Justice Act appointed counsel.

0

10,000

20,000

30,000

Number of defendants in cases terminated

1994 1996 1998 2000 2002 2003

Waived/self represented

Criminal Justice Act (CJA) appointment

Private

Public defender

Median case processing time 6.3mo. 6.7mo. 6.1mo. 7.7mo. 4.7mo. 5.2mo. 0.1 mo. 1.0 mo.

Acquitted by court 0.3 0.1 0.6 0.2 0.3 0.1 6.1 4.0

Acquitted by jury 1.5 0.6 1.7 0.9 0.9 0.4 0.0 0.0

Dismissed 9.7 5.7 9.5 6.9 9.3 6.3 28.7 33.9

Not convicted 11.6 6.4 11.8 8.0 10.5 6.8 34.7 37.9

No contest 0.3 0.1 0.7 0.2 0.2 0.1 2.8 8.3

Bench trial 0.4 0.2 0.6 0.4 0.3 0.3 4.8 2.2

Jury trial 9.1 3.8 7.3 3.9 4.4 1.7 0.5 0.4

Guilty plea 78.7 89.6 79.5 87.5 84.6 91.1 57.2 51.3

Convicted 88.4 93.6 88.2 92.0 89.5 93.2 65.3 62.1

All outcomes 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0%

Misdemeanors 9.3 4.8 14.9 7.2 19.2 9.5 95.6 98.0

Public-order offenses 6.2 3.9 12.3 9.7 4.4 3.9 0.8 0.2

Immigration offenses 4.1 18.7 1.3 5.7 9.9 30.1 0.2 0.2

Weapon offenses 7.8 9.1 4.4 8.2 8.8 12.8 0.5 0.2

Drug offenses 44.6 43.3 36.9 42.4 25.1 22.3 1.4 0.7

Property offenses 21.1 16.2 27.7 24.8 22.3 16.4 1.4 0.5

Violent offenses 6.8 4.0 2.5 2.0 10.3 5.0 0.1 0.1

Felonies 90.7 95.2 85.1 92.8 80.8 90.5 4.4 2.0

All offenses 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0%

Total cases concluded 18,503 27,828 21,408 22,198 13,073 28,481 5,470 4,437

1994 2003 1994 2003 1994 2003 1994 2003

CJA appointment Private counsel Public defender Waived/self representation

Table 13. Type of counsel of defendants in cases terminated by offense, adjudication outcome, 

and median case processing time, 1994-2003
 

Federal Criminal Justice Trends 19

*Includes “American Indian or Alaska Native,” “Asian,” and “Native Hawaiian or Other Pacific Islander.”

College graduate 7.9 5.7

Some college 21.9 17.0

High school graduate 29.7 29.7

Less than high school graduate 40.5% 47.6% ¤ Defendants with less than a high school education

Education

Prior adult convictions 52.7 62.6 ¤ Defendants with a prior conviction

No convictions 47.3% 37.4%

 Criminal record

Non-U.S. citizen 27.9 35.9 ¤ Non-U.S. citizen defendants

U.S. citizen 72.1% 64.1%

 Citizenship

Over 40 years 26.7 24.9

31-40 years 31.4 31.0

21-30 years 37.1 39.2 ¤ Defendants ages 21-30 years

19-20 years 4.0 4.2

Under 19 years 0.7% 0.7%

Age at arrest

Not Hispanic or Latino 68.7 57.4

Hispanic or Latino 31.3% 42.6% ¤ Hispanic or Latino defendants

Ethnicity

Other* 5.0 4.0

Black or African American 30.0 24.8

White 65.0% 71.2% ¤ White defendants

Race

Female 15.7 13.2

Male 84.3% 86.8% ¤ Male defendants

Gender

All defendants 53,076 75,805

Suspect characteristics 1996 2003 In 2003 compared to 1996, there was an increase in the share of C

Number and percent of

defendants convicted 

Table 14. Characteristics of defendants convicted in U.S. district courts, 1996 and 2003

Defendants convicted in U.S. District courts in 1996 differed from those convicted in 2003.
20 Federal Criminal Justice Trends

III. Defendants sentenced

During 2003 the average prison sentence was greatest for violent (98 months), weapons (84 months), 

and drug offenders (82 months).

0

20

40

60

80

100

120 mos

Average sentence (months)

1994 1996 1998 2000 2002 2003

Weapons

Public order

Drug

Violent

Property

Immigration

Figure 23

Seventy-six percent of sentenced defendants received some imprisonment in 2003 compared with 65% in 1994.

y The percent of sentenced defendants receiving a prison sentence increased across all felony offenses

 for the 10-year period.

Misdemeanors 11,072 10,118 8,499 8,767 -2.4 17.6 20.7

Public-order offenses 4,023 4,661 4,630 4,331 1.1 59.9 70.1

Immigration offenses 2,152 9,357 11,132 14,199 24.7 86.3 87.3

Weapon offenses 3,232 3,423 5,563 6,970 9.4 89.8 92.3

Drug offenses 16,400 23,476 26,234 25,582 5.4 91.3 92.0

Property offenses 11,113 12,232 13,101 13,311 2.1 57.7 59.7

Violent offenses 2,704 2,715 2,578 2,643 0.0 93.1 93.2

Felonies 39,624 55,864 63,238 67,036 6.1 78.4 83.3

All offenses 50,701 66,055 71,798 75,805 4.7% 65.1% 76.0%

1994 1999 2002 2003 1994 2003

Most serious offense Number of defendants convicted

of conviction

Percent of convicted

defendants sentenced 

to prison

Average

annual

change

1994-2003

Table 15. Number of defendants convicted in U.S. district courts and percent receiving prison sentence, by offense
Federal Criminal Justice Trends 21

Misdemeanors 5.9 3.2 1,948 1,818 0.0 12.3 9.1

Public order 7.3 5.3 2,410 3,036 3.1 36.3 43.1

Immigration 5.6 21.5 1,857 12,390 24.8 22.9 26.7

Weapons 8.8 11.2 2,901 6,431 9.7 83.2 84.0

Drug 45.3 40.9 14,973 23,544 5.5 83.9 81.5

Property 19.4 13.8 6,411 7,948 2.5 26.4 27.4

Violent 7.6 4.3 2,518 2,462 0.0 92.3 97.6

Felonies 94.1 96.8 31,070 55,811 6.9 65.6 60.4

All offenses 100.0% 100.0% 33,022 57,629 6.5% 62.6 mo 58.9 mo

1994 2003 1994 2003 1994 2003

Most serious offense 

of conviction

Mean prison sentence 

Percent Number imposed (in months)

Average 

annual 

change

1994-2003

Table 16. Defendants receiving a prison sentence and mean sentence imposed in months, 1994-2003

Misdemeanors 39.9 34.6 5,103 3,914 -2.8

Public order 11.5 9.6 1,469 1,087 -0.4

Immigration 1.7 3.6 217 406 18.4

Weapons 2.3 3.9 296 436 6.9

Drug 9.4 10.6 1,204 1,204 0.4

Property 33.9 36.6 4,327 4,143 -0.2

Violent 1.3 1.1 164 130 -1.2

Felonies 60.1 65.4 7,677 7,406 -0.3

All offenses 100.0% 100.0% 12,781 11,322 -1.3%

1994 2003 1994 2003

Most serious offense

of conviction

Percent Number 

Average 

annual 

change

1994-2003

Table 17. Defendants receiving a probation-only sentence, 1994-2003

The average prison sentence imposed decreased from 63 months in 1994 to 59 months in 2003.

y The number of defendants sentenced to prison increased at a yearly average of 7% over the 10-year period.

Probation-only sentences imposed decreased at an annual average of 1% across the 10-year period.
22 Federal Criminal Justice Trends

Defendants convicted and sentenced for property and violent offenses were more likely to be sentenced within the

ranges determined by the U.S. Sentencing Guidelines than defendants convicted of drug or immigration offenses

from 1994-2003.

y The percent of immigration offenders sentenced within the guidelines decreased from 

 91% in 1994 to 69% in 2003.

Figure 25

Percent of defendants sentenced within guidelines

Property

1994 2002 2003 1996 1998 2000

Violent

0

20

40

60

80

100%

Immigration

Drug

Total

Most Federal judicial districts (81 out of 94) sentenced defendants within the ranges determined by the U.S. Sentencing

Guidelines at least 60% of the time from 1994-2003. 

Figure 24

< 60% 60-70% 70.01-80% > 80%

Percent of defendants sentenced within

U.S. Sentencing Guideline range, 1994-2003

: Nine districts missing 10% or more of departure information

N. District of

W. Virginia (87%)

S. District of

W. Virginia (86%)

E. District of

Virginia (90%)
Federal Criminal Justice Trends 23

1996 2002 2003 1998 2000

0

20

40

60

80

100%

Percent of drug defendants sentenced

Statutory minimum sentence of 5

years or more imposed

Statutory minimum sentence of 5

years or more not imposed

Figure 26

Sixty-nine percent of defendants sentenced in 2003 received sentences within ranges set forth 

under the Federal sentencing guidelines (compared with 72% in 1994).

y Substantial assistance departures (where a defendant receives a reduction in the guideline sentence for

assisting the Government) comprised 16% of sentences in 2003 compared with 20% in 1994.

y One percent or less of defendants sentenced between 1994 and 2003 received an upward departure

(where a defendant receives a more severe sentence due to aggravating factors).

Immigration offenses 2,338 90.7 7.2 1.1 1.1 14,051 68.5 28.7 2.6 0.3

Weapon offenses 2,720 77.3 9.4 11.5 1.9 6,947 76.8 9.2 12.5 1.4

Public-order offenses 4,840 75.3 7.9 15.3 1.6 5,533 72.3 13.8 12.5 1.4

Drug offenses 16,753 60.8 7.2 31.5 0.6 26,640 62.4 10.9 26.1 0.6

Property offenses 10,544 81.1 7.0 10.7 1.1 14,192 78.2 7.7 13.2 0.9

Violent offenses 2,724 75.0 10.7 10.7 3.6 2,555 75.7 11.7 9.4 3.2

All offenses 39,971 71.7% 7.6% 19.6% 1.2% 70,258 69.4% 13.8% 15.9% 0.8%

Most serious offense

Upward

departure

Substantial

assistance

Downward

departure

Within

guidelines

Upward

departure

Substantial

assistance

Downward

departure

Within

guidelines

Total

defendants

sentenced

Total

defendants

sentenced

1994 2003

Table 18. Defendants sentenced under the U.S. Sentencing Guidelines, 1994 and 2003

The percent of drug offenders sentenced who received a statutory minimum sentence of 5 years or more under 

the Federal sentencing guidelines decreased from 66% in 1996 to 60% in 2003.
 

 

 

 

 

24 Federal Criminal Justice Trends

Figure 27

Just over half (54%) of defendants sentenced under the Federal sentencing guidelines from 1994-2003 were assigned the

lowest criminal history score level as determined by the guidelines at sentencing.

266,745 55,060 69,162 39,111 23,074 45,554 -- 498,706

Column total 54% 11% 14% 8% 5% 9% 100% --

severe 43 -- -- -- -- -- -- --% 2,202

Most 42 -- -- -- -- -- -- --% 983

41 -- -- -- -- -- -- --% 816

40 -- -- -- -- -- -- --% 1,959

39 -- -- -- -- -- -- --% 1,404

38 -- -- -- -- -- -- 1% 2,677

37 -- -- -- -- -- -- 1% 3,543

36 -- -- -- -- -- -- 1% 2,825

35 -- -- -- -- -- -- 1% 6,215

34 -- -- -- -- -- 1 1% 7,314

33 1 -- -- -- -- -- 2% 9,080

32 -- -- -- -- -- -- 1% 5,057

31 1 -- 1 -- -- 1 3% 16,932

30 -- -- -- -- -- -- 1% 5,464

29 2 1 1 -- -- 1 4% 20,275

28 1 -- -- -- -- -- 1% 4,694

27 2 -- -- -- -- -- 3% 16,157

26 1 -- -- -- -- -- 1% 6,205

25 2 -- 1 -- -- -- 4% 18,326

24 1 -- -- -- -- -- 1% 6,509

23 2 1 1 -- -- -- 5% 25,295

22 1 -- -- -- -- -- 1% 6,547

21 3 1 2 2 1 2 10% 51,345

20 1 -- -- -- -- -- 1% 6,540

19 2 -- -- -- -- -- 4% 17,754

18 1 -- -- -- -- -- 1% 7,103

17 2 -- 1 -- -- -- 4% 20,487

16 1 -- -- -- -- -- 2% 7,462

15 3 -- -- -- -- -- 4% 20,129

14 1 -- -- -- -- -- 2% 9,069

Zone D 13 4 1 1 -- -- -- 7% 34,549

12 3 -- 1 -- -- -- 4% 21,378

Zone C 11 1 -- -- -- -- -- 2% 11,492

10 4 1 1 1 -- 1 6% 31,548

Zone B 9 2 -- -- -- -- -- 3% 12,262

8 2 -- -- -- -- -- 3% 16,774

7 1 -- -- -- -- -- 2% 11,117

6 3 1 1 -- -- -- 5% 23,667

5 -- -- -- -- -- -- 1% 3,076

4 2 -- -- -- -- -- 3% 14,532

3 -- -- -- -- -- -- --% 1,925

severe 2 1 -- -- -- -- -- 1% 5,913

Least Zone A 1 --% --% --% --% --% --% --% 105

I II III IV V VI Percent Number

Offense severity

score

Least severe Most severe Row total

Criminal history score

Percent distribution of defendants sentenced under U.S. Sentencing Guidelines, 

by the final cell used to determine sentence

Note: Offense severity score is the final offense level as determined by the court and ranges from 1 to

43. Criminal history category (1B6) is the final criminal history category as determined by the court. 

--Less than 1 percent. Detail percentages may not sum to totals due to rounding.
Federal Criminal Justice Trends 25

< 15% 30-45%

15-29.9% > 45%

receiving safety valve provision by

Percent of drug defendants sentenced 

Federal judicial district, 1998-2003

E. District of

New York (58%)

S. District of

Florida (58%)

District of New

Jersey (52%)

Figure 28

2003 26,047 8,802 38.3

2002 25,692 8,470 37.4

2001 24,349 5,566 25.4

2000 23,424 5,547 26.1

1999 22,566 5,053 24.9

1998 20,267 4,814 25.3%

Year Number Number Percent

Drug defendants 

receiving safety valve

Drug defendants

sentenced

Table 19. Federal drug offenders sentenced 

under the Federal Sentencing Guidelines 

and receiving safety valve, 1998-2003

The safety valve provision permits the court to impose a sentence without regard to the statutory drug minimum taking into

account the defendant’s criminal history, role in offense and cooperation with authorities as well as whether offense

involved death/injury, weapons or violence (see: 18 U.S.C. § 3553(f)).

Drug defendants in 3 Federal judicial districts received the safety valve provision at nearly double the national rate of 30%.

The safety valve provision was increasingly used for drug offenders over this period: 38% of drug defendants received the

safety valve provision in 2003 compared with 25% in 1998.
26 Federal Criminal Justice Trends

Figure 29

Between 1992 and 2001, average sentence length reductions for prisoners resentenced under 

Rule 35(b) ranged from 36% to 43%.

< 1% 4 - 8%

1 - 3.9% > 8%

Percent of defendants resentenced

under Rule 35(b), 1992-2001

S. District of S. District of

Illinois (5%)

E. District of

Virginia (11%)

M. District of

Florida (6%)

S. District of

Florida (7%)

Some offenders assisting the Government in investigations and prosecution of others met the criteria for a reduction in

sentence under Rule 35(b) of the Federal Rules of Criminal Procedure. 

y Twenty-nine percent of Rule 35(b) defendant resentencings from 1992 to 2001 occurred in four Federal

judicial districts.

2001 1,769 104.4 65.5 37

2000 1,940 111.5 69.6 38

1999 1,838 114.3 73.0 36

1998 1,839 117.1 72.2 38

1997 1,700 119.6 71.2 40

1996 1,650 125.3 73.7 41

1995 1,517 126.1 73.2 42

1994 1,676 132.8 80.0 40

1993 1,761 136.6 77.8 43

1992 1,210 138.0 mo. 80.3 mo. 42%

Original New

Number of Average sentence imposed

offenders

Average

percent

reduction

Year

entering

prison

Table 20. Federal offenders resentenced pursuant to Rule 35(b) of the Federal

Rules of Criminal Procedure after providing substantial assistance to the

Government, 1992-2001
Federal Criminal Justice Trends 27

Immigration offenses 2.5 16.0 261 1,821 25.5 2,152 14,199 12 13

Weapon offenses 11.0 14.7 1,141 1,681 6.0 3,232 6,970 35 24

Public-order offenses 10.0 7.8 1,037 894 -0.7 4,023 4,331 26 21

Drug offenses 49.3 40.0 5,102 4,565 -0.7 16,400 25,582 31 18

Property offenses 18.8 16.2 1,949 1,842 -0.1 11,113 13,311 18 14

Violent offenses 8.3 5.3 856 601 -3.0 2,704 2,643 32 23

All offenses 100.0% 100.0% 10,674 11,968 1.7% 50,701 75,805 21 16

Offense of conviction 1994 2003 1994 2003 1994 2003 1994 2003

Appeals per 

100 convictions

Number of

Percent Number convictions

Average 

annual 

change

1994-2003

Table 21. Number of criminal appeals filed in U.S. district court, 1994-2003

IV. Cases appealed

Guideline-based appeals comprised 85% of appeals terminated from 1994-2003. 

Figure 30

Number of appeals terminated

1994 1996 1998 2000 2002 2003

0

1,000

2,000

3,000

4,000

5,000

6,000 Conviction and sentence 

Appeal type

Sentence only 

Conviction only

Conviction only (Crime committed prior to 1987)

Criminal appeals increased an annual average of 2% from 1994-2003 with the bulk of this growth occurring 

among appellants with an immigration offense as the most serious offense of conviction.

y The rate of appeals per 100 convictions decreased from 21 appeals per 100 convictions in 1994 

to 16 appeals per 100 convictions in 2003.

y The rate of appeals for drug offenses decreased the most over this period.
28 Federal Criminal Justice Trends

Most criminal appeals terminated from 1994 to 2003 (77%) were terminated on the merits of the case; and, of these, 

the majority (85%) affirmed the decision of the lower court in whole or in part.

Figure 31

0

2,000

4,000

6,000

8,000

10,000

Number of appeals terminated 

1994 1996 1998 2000 2002 2003

Terminated on the merits

Procedural terminations

Figure 32

0

2,000

4,000

6,000

8,000

Number of appeals terminated on the merits

1994 2002 2003 1996 1998 2000

Affirmed

Reversed

Dismissed

Affirmed in part
Corrections trends

 Federal Criminal Justice Trends 29

Most offenders under the jurisdiction of the Federal Bureau of Prisons were classified as medium or low custody 

from 1995-2003.

0

10

20

30

40

50%

Percent of inmates under BOP jurisdiction Custody level

1995 1997 1999 2001 2003

Maximum

Low

Medium

Minimum

Figure 33

Offenders under the jurisdiction and in custody of the Federal Bureau of Prisons increased at similar rates 

from 1994 to 2003 C an average annual rate of 7%.

Figure 34

Jurisdiction

Custody

0

25,000

50,000

75,000

100,000

125,000

150,000

175,000

Number of inmates 

1994 1996 1998 2000 2002 2003

I. Offenders in the custody and under the jurisdiction of the Federal Bureau of Prisons
 

 

30 Federal Criminal Justice Trends

Public-order 4,512 6,711 7,951 8,438 7.3 5.4 5.6

Immigration 2,486 10,156 15,571 16,903 24.4 3.0 11.2

Weapons 6,769 9,439 13,725 16,014 10.1 8.1 10.6

Drug 50,555 67,925 81,052 85,789 6.1 60.7 56.7

Property 7,880 8,581 10,100 10,634 3.5 9.5 7.0

Violent 11,111 13,121 13,549 13,525 2.2 13.3 8.9

All offenses 84,253 118,265 143,031 152,459 6.8% 100.0% 100.0%

1994 1999 2002 2003 1994 2003

Commitment Number Percent

offense

Average 

annual 

change

1994-2003

Table 22. Offenders in the custody of the Federal Bureau of Prisons at fiscal

yearend by major offense category, 1994-2003

Drug offenders comprised 57% of the Federal prison population in 2003 compared with 61% in 1994. 

Immigration (24%) and weapon offenders (10%) increased at the greatest rate from 1994 to 2003.

II. Offenders in the custody of the Federal Bureau of Prisons
Federal Criminal Justice Trends 31

Male offenders comprised 93% of inmates in the custody of the Federal Bureau of Prisons 

in 2003 and increased an annual average of 7% from 1994 to 2003; females comprised 7% 

of inmates in 2003 and increased by an annual average of 6% from 1994 to 2003.

1994 1996 1998 2000 2002 2003

0

25,000

50,000

75,000

100,000

125,000

150,000

Number of inmates

Males

Females

Figure 35

Characteristics of the Federal prison population changed moderately from 1994 to 2003.

Non-U.S. citizen 22.5 27.8 28.2 25.9

U.S. citizen 77.5% 72.2% 71.8% 74.1% ¤ U.S. citizen (74%)

Citizenship

Over 40 years 32.6 22.1 30.9 20.2

31-40 years 35.9 33.0 36.4 32.3

21-30 years 30.1 41.3 31.6 44.2 ¤ 21-30 years old (44%)

19-20 years 1.3 3.3 1.0 3.2

Under 19 years 0.1% 0.4% 0.1% 0.2%

Age at fiscal yearend

Not Hispanic or Latino 74.9 67.9 68.7 67.0 ¤ Not Hispanic or Latino (67%)

Hispanic or Latino 25.1% 32.1% 31.3% 33.0%

Ethnicity

1.1 1.3 1.1 1.2

Asian/Native Hawaiian

or Other Pacific Islander

1.5 1.6 0.3 0.4

American Indian or Alaska 

Native

Black or African American 35.3 39.0 36.8 44.5

White 62.1% 58.1% 61.9% 53.9% ¤ White (54%)

Race

Female 7.9 6.9 8.8 8.0

Male 92.1% 93.1% 91.2% 92.0% ¤ Male (92%)

Gender

All inmates 84,253 152,459 50,555 85,789

1994 2003 1994 2003

In 2003 offenders in Federal prison for a drug

Offender characteristics offense were most likely to be C

Number and percent 

Number and 

percent 

All offenses Drug offenses 

Table 23. Characteristics of offenders in the custody of the Federal Bureau of Prisons, 1994-2003
32 Federal Criminal Justice Trends

Twenty-six percent of offenders in the custody of the Federal Bureau of Prisons in 2003 had been incarcerated 

more than 5 years compared with 9% of offenders in 1994.

Figure 36

1994 2002 2003 1996 1998 2000

0

10

20

30

40

50

60%

More than 5 years

Less than 2 years

2-5 years

Percent of Federal inmates Time served at fiscal yearend

Inmates 50 years and older comprised 13% of the population in the custody of the Federal Bureau of Prisons 

and 22% of the inmates who had served 5 years or more at fiscal yearend 2003.

Public order 7.9 9.0 17.4 16.7 74.6 74.3

Immigration 0.4 0.7 2.2 4.7 97.3 94.6

Weapon 1.7 2.0 6.5 7.6 91.8 90.5

Drug 2.4 2.8 8.4 8.9 89.2 88.3

Property 5.5 7.1 15.5 15.9 79.0 77.0

Violent 2.4% 3.7 % 8.0% 13.0% 89.6% 83.3%

Commitment offense

More than 5 years 5.8 6.0 15.7 16.3 78.5 77.7

2-5 years 2.8 2.2 9.5 7.6 87.7 90.2

Less than 2 years 2.4% 2.3 % 7.9% 7.1% 89.7% 90.6%

Time served

Not Hispanic or Latino 3.2 3.7 9.5 10.5 87.3 85.9

Hispanic or Latino 2.0% 2.2% 8.2% 7.8% 89.8% 90.0%

Ethnicity

2.2 3.9 9.2 10.6 88.6 85.5

Asian/Native Hawaiian 

or Other Pacific Islander

2.5 3.0 5.6 7.6 91.8 89.3

Native American or Alaska 

Native

Black or African American 1.4 1.5 5.0 6.7 93.6 91.8

White 3.8% 4.4% 11.6% 11.6% 84.6% 84.0%

Race

Female 2.3 3.1 8.3 10.5 89.4 86.4

Male 2.9% 3.2% 9.2% 9.5% 87.8% 87.2%

Gender

All inmates 2,370 4,908 7,535 14,641 72,313 132,882

Suspect characteristics 1994 2003 1994 2003 1994 2003

60 and older 50-59 years Under 50 years

Age of inmate

Table 24. Characteristics of inmates in the custody of the Bureau of Prisons, 

by age at fiscal yearend, 1994 and 2003
Federal Criminal Justice Trends 33

Public-order offenses 9.0 7.5 2,553 3,013 2.0 19.8 25.4

Immigration offenses 16.9 26.0 4,777 10,479 9.6 5.9 21.1

Weapon offenses 4.9 7.9 1,397 3,184 10.0 26.5 42.7

Drug offenses 41.2 37.4 11,650 15,052 3.0 33.9 44.3

Property offenses 22.0 16.2 6,202 6,533 0.6 15.4 16.4

Violent offenses 5.9 4.9 1,667 1,971 1.9 53.0 63.5

All offenses 100.0% 100.0% 28,409 40,780 4.2% 24.5 mo 32.9 mo

Commitment offense 1994 2003 1994 2003 1994 2003

Percent Number Mean time served

Average 

annual 

change

1994-2003

Table 25. Number of first releases from Federal prison, by offense, and mean time to first release, 1994-2003

Of offenders who had been released from Federal prison for the first time, the average prison time 

served was 33 months in 2003 compared with 25 months in 1994. 

y Increases in average time served were greatest for weapon offenders followed by immigration, 

 and drug offenders.

Expected time to be served in Federal prison increased an average of 5% each year (1987-2003) from 23 months 

in 1987 to 48 months in 2003. 

y Actual time served also increased an average of 5% each year over the same period 

from 15 months in 1987 to 33 months in 2003.

Figure 37

1987 1991 1995 1999 2003

0

10

20

30

40

50 mos

Number of months

Actual time served of

Federal offenders

released from prison

Expected time to be

served for Federal

offenders committed

to prison
 

 

34 Federal Criminal Justice Trends

III. Offenders on Federal supervision

Misdemeanors 12,296 10,672 9,849 9,804 -2.9 14.9 9.0

Public-order offenses 8,162 8,355 9,039 8,838 1.1 9.4 8.3

Immigration offenses 1,075 1,323 2,095 2,180 8.9 1.2 2.0

Weapon offenses 3,883 4,121 5,662 6,648 6.4 4.5 6.1

Drug offenses 28,039 37,688 44,980 45,981 5.7 32.3 42.2

Property offenses 28,276 28,128 29,268 29,011 0.3 32.5 26.6

Violent offenses 4,504 5,468 6,281 6,328 3.9 5.2 5.8

Felonies 73,978 85,372 97,518 99,172 3.3 85.1 91.0

All offenses 86,904 96,044 107,367 108,976 2.6% 100.0% 100.0%

Commitment offense 1994 1999 2002 2003 1994 2003

Number of offenders Percent of offenders

Average 

annual 

change

1994-2003 

Table 26. Offenders under Federal supervision at fiscal yearend, by offense 1994-2003

The number of offenders on supervision (probation, supervised release, and parole) increased 

an average of 3% per year from 1994 to 2003.

y More than two of three offenders on Federal supervision in 2003 were on supervised release.

Figure 38

1987 1989 1991 1993 1995 1997 1999 2001 2003

0

20

40

60

80%

Percent of Federal offenders on supervision

Supervised release

Type of supervision

Probation

Parole

Drug offenses surpassed property offenses as most common offense of offenders under Federal supervision.

y Forty-two percent of defendants under supervision were convicted of drug offenses in 2003

compared with 32% in 1994. 
Federal Criminal Justice Trends 35

No known abuse 69.0 59.9 81.7 77.0 59.2 53.3 55.4 55.6

Drug history 31.0 40.1% 18.3 23.0% 40.8 46.7% 44.6 44.4%

Drug abuse

College graduate 10.1 8.5 12.8 13.2 8.0 6.9 7.5 4.1

Some college 22.5 22.1 25.1 26.7 21.1 20.6 17.9 16.1

High school graduate 35.1 36.8 36.0 35.4 34.8 37.4 33.5 36.0

Less than high school graduate 32.2 32.6% 26.1 24.8% 36.2 35.1% 41.2 43.8%

Education

Over 40 years 37.5 37.2 37.4 37.2 31.1 35.5 54.9 78.0

31-40 years 33.3 30.7 30.2 26.6 35.7 32.9 36.3 16.6

21-30 years 26.7 29.6 28.0 30.2 31.7 30.4 8.8 5.4

19-20 years 2.0 2.1 3.2 4.5 1.4 1.2 0.0 0.0

16-18 years 0.5 0.4% 1.1 1.5% 0.0 0.0% 0.0 0.0%

Age

Asian/Native Hawaiian or Other 2.2 2.7 3.0 3.4 1.8 2.4 0.8 0.6

Pacific Islander

Native American or Alaska Native 1.5 2.1 1.4 2.8 1.6 1.8 1.2 1.9

Black or African American 26.1 33.5 24.8 26.7 26.6 35.7 28.7 46.2

White 70.3 61.7% 70.7 67.1% 70.1 60.0% 69.3 51.4%

Race

Female 20.5 21.8 27.5 33.9 17.8 17.8 5.6 3.1

Male 79.5 78.2% 72.5 66.1% 82.2 82.2% 94.4 96.9%

Gender

All offenders 86,904 108,976 40,058 29,971 34,091 75,766 12,755 3,239

Offender characteristic 1994 2003 1994 2003 1994 2003 1994 2003

Probation Supervised release Parole

Total offenders Type of supervision

under supervision

Table 27. Characteristics of Federal offenders under supervision at fiscal yearend, by type of supervision, 1994-2003

Offenders under supervised release increased at an average annual rate of 9% between 1994 and 2003. 

Parole

Probation

Supervised release

-20 -15 -10 -5 0 5 10 15 20

Annual average percent change (1994-2003)

Figure 39

Characteristics of offenders under Federal supervision from 1994-2003 varied by type of supervision. For example, 23%

of offenders on probation at yearend 2003 had a known drug history compared to 47% of offenders on supervised

release and 44% of offenders on parole.
36 Federal Criminal Justice Trends

No known abuse 69.0 59.9 46.4 43.6

Drug history 31.0% 40.1% 53.6% 56.4% ¤ Have drug abuse history (56%)

Drug abuse

College graduate 10.1 8.5 5.8 3.5

Some college 22.5 22.1 19.2 18.0

High school graduate 35.1 36.8 34.8 38.5

32.2% 32.6% 40.2% 39.9% ¤ Less than high school education (40%)

Less than high school

graduate

Education

Over 40 years 37.5 37.2 32.5 32.4

31-40 years 33.3 30.7 36.7 33.0 ¤ 31-40 years old (33%)

21-30 years 26.7 29.6 28.5 32.4

19-20 years 2.0 2.1 1.8 1.9

16-18 years 0.5% 0.4% 0.5% 0.3%

Age

Not Hispanic or Latino 82.8 80.6 72.8 73.1 ¤ Not Hispanic or Latino (73%)

Hispanic or Latino 17.2% 19.4% 27.2% 26.9%

Ethnicity

2.2 2.7 1.2 1.6

Asian/Native Hawaiian 

or Other Pacific Islander

1.5 2.1 0.7 0.8

Native American or Alaska 

Native

Black or African American 26.1 33.5 24.7 36.7

White 70.3% 61.7% 73.4% 60.9% ¤ White (61%)

Race

Female 20.5 21.8 16.1 17.8

Male 79.5% 78.2% 83.9% 82.2% ¤ Male (82%)

Gender

All offenders 86,904 108,976 30,198 47,826

Offender characteristics 1994 2003 1994 2003

In 2003 offenders under Federal supervision 

for a drug offense were most likely to be C

Percent Percent

All offenses Drug offenses

Table 28. Characteristics of offenders under Federal supervision at fiscal yearend, 1994-2003

Drug offenders under Federal supervision increased from 30,198 in 1994 to 47,826 in 2003.
Federal Criminal Justice Trends 37

Parolees were more likely to violate conditions of supervision (technical violation, new crime) than offenders 

on supervised release or probation in 2003.

Five Federal judicial districts along the Southwest U.S. border and the Central district of California comprised 32% 

of the growth in offenders under Federal supervision from 1994 to 2003.

< 1% 3-6%

1-2.9% > 6%

Percent of growth (1994-2003) in 

offenders under Federal supervision

S. District of

Texas (9%)

W. District of

District of

District of

Texas (9%)

New Mexico (2%)

Arizona (4%)

C. District of

S. District of

California (7%)

California (1%)

Figure 40

Administrative case closure/other 5.6 5.8 316 87

New crime 12.9 14.7 734 221

Technical violations 17.9 27.6 1,015 415

No violation/no new crime 63.6 51.9 3,615 781

All terminations 100.0% 100.0% 5,681 1,504 -13.1%

Parole

Administrative case closure/other 3.8 2.2 398 661

New crime 12.3 12.8 1,288 3,922

Technical violations 25.7 23.2 2,691 7,085

No violation/no new crime 58.2 61.9 6,102 18,917

All terminations 100.0% 100.0% 10,490 30,585 12.8%

Supervised release

Administrative case closure/other 2.2 1.9 426 300

New crime 3.9 6.3 740 981

Technical violations 10.1 11.5 1,918 1,775

No violation/no new crime 83.8 80.3 15,899 12,433

All terminations 100.0% 100.0% 18,989 15,489 -2.2%

Probation

Most serious offense of conviction 1994 2003 1994 2003

Percent Number

Average 

annual

change

1994-2003

Table 29. Offenders terminating Federal supervision at fiscal yearend, by type of supervision and outcome, 1994-2003
Figure notes

Figure 1, p. 1. Shows the top five

offenses in terms of net and percent

growth in suspects arrested and

booked by the U.S. Marshals Service

from 1994-2003. Source: U.S.

Marshals Service, Prisoner Tracking

System, fiscal year.

Figure 2, p. 2. The following districts

are not shown on map: District of

Columbia (2-6%); Puerto Rico (<1%);

Guam (<1%); Virgin Islands (<1%);

Northern Mariana Islands (<1%). The

Western District of North Carolina did

not report arrests in 1994. The map

shows the percent distribution of the

net increase in arrests between 1994

and 2003 (50,334) by Federal judicial

district. Percentages shown are

rounded. Source: U.S. Marshals

Service, Prisoner Tracking System,

fiscal year.

Figure 3, p. 3. Source: U.S. Marshals

Service, Prisoner Tracking System,

fiscal year.

Figure 4, p. 4. Citizenship status was

missing in 13% of cases in 1994, 9% in

1998, and 7% in 2003. Yearly average

of 9% missing citizenship status (1994-

2003). Source: U.S. Marshals Service,

Prisoner Tracking System, fiscal year.

Figure 5, p. 4. A total of 1,044,078

suspects were arrested and booked by

U.S. Marshals from 1994-2003. Of

these, 9% were missing country of

citizenship (948,077). Of cases with

country of citizenship, 35% were

non-U.S. Citizens. These 327,825

arrests are displayed by country of

citizenship in map. Percentages based

on non-missing cases. Source: U.S.

Marshals Service, Prisoner Tracking

System, fiscal year.

Figure 6, p. 5. Source: Drug Enforcement Administration Defendant Statistical System, fiscal year.

Figure 7, p. 6. Percent distribution

based on total number of methamphetamine arrests by the Drug

Enforcement Administration

(N=59,903) by State. Not shown on

map: Alaska (0.2%); Guam (0.4%);

Hawaii (1.3%); Virgin Islands, and

Puerto Rico (each < 0.1%). Source:

Drug Enforcement Administration

Defendant Statistical System, fiscal

year.

Figure 8, p. 7. Matters referred to U.S.

attorneys by selected offenses. A

matter is a referral that an assistant

U.S. attorney spends more than 1 hour

investigating. The most serious offense

investigated is based on the criminal

lead charge as determined by the

assistant U.S. attorney for the criminal

matter. Source: Executive Office for

U.S. Attorneys, Central System File,

fiscal year.

Figure 9, p. 8. Illegal reentry includes:

8 U.S.C. § 1326; Illegal entry 8 U.S.C.

§ 1325; alien smuggling 8 U.S.C. §§

1322-1324, 8 U.S.C. § 1327; and

misuse of visas 18 U.S.C. § 1546, 8

U.S.C. §§ 1252-1253, 8 U.S.C. §§

1321 (lead charge). Source: Executive

Office for U.S. Attorneys, Central

System File, fiscal year.

Figure 10, p. 8. Percent distribution

based on total number of immigration

(as lead charge) matters referred to

U.S. attorneys from 1994-2003

(N=127,550) by Federal judicial district.

Not shown on map: District of Columbia, Guam, Northern Mariana Islands,

Puerto Rico, and Virgin Islands (each

representing less than 1%). Source:

Executive Office for U.S. Attorneys,

Central System File, fiscal year.

Figure 11, p. 9. Drug trafficking

includes: 21 U.S.C. § 841 and 21

U.S.C § 960; Conspiracy includes: 21

U.S.C. § 846 & 21 U.S.C § 963; “Other

drug offenses” include: drug possession, protected location offenses,

manufacturing offenses, continuing

criminal enterprise offenses,

sale/importation of drug paraphernalia,

and transhipment of controlled

substances (lead charge). Source:

Executive Office for U.S. Attorneys,

Central System File, fiscal year.

Figure 12, p. 9. Percent distribution

based on number of drug matters

referred to U.S. attorneys (as lead

charge) from 1994-2003 with

non-missing data (350,215) by Federal

judicial district. Not shown on map:

Puerto Rico (1.4%); District of Columbia (1.1%); Virgin Islands and Northern Mariana Islands (each < 1%).

Source: Executive Office for U.S. Attorneys, Central System File, fiscal year.

Figure 13, p. 10. The following

statutes were used to classify firearms

into three categories: 18 U.S.C. §§

922-924; 18 U.S.C §§ 929-930, 26

U.S.C § 5812, 26 U.S.C § 5822, 26

U.S.C § 5841, 26 U.S.C § 5842, 26

U.S.C § 5861 (lead charge). See

Appendix Table 3 in Federal Firearm

Offenders, 1992-98 (BJS Special

Report, NCJ 180795, 2000). Note:

Firearms matters are a subset of

weapon referrals shown in Table 6.

Source: Executive Office for U.S. Attorneys, Central System File, fiscal year.

Figure 14 , p. 10. Percent distribution

based on number of firearm (as lead

charge) matters referred to U.S. attorneys from 1994 to 2003 with

non-missing data (75,135) by Federal

judicial district. Not shown on map:

District of Columbia (2%); Guam,

Virgin Islands, Puerto Rico, Northern

Mariana Islands (each < 1%). Source:

Executive Office for U.S. Attorneys,

Central System File, fiscal year.

Figure 15, p. 11. Excludes matters

which were declined immediately.

Source: Executive Office for U.S. Attorneys, Central System File, fiscal year.

Figure 16, p. 12. Includes defendants

who terminated pretrial services during

fiscal years 1994-2003. Includes only

those defendants whose cases were

filed by complaint, indictment, or information. Source: Pretrial Services

Agency, Pretrial Services Act Information System, fiscal year.

Figure 17, p. 13. The following districts

are not shown: Puerto Rico, Guam,

Virgin Islands, and Northern Mariana

Islands (each <1%). Based on net

increase in pretrial detention between 

1994 and 2003 (31,557). The percent

Notes

38 Federal Criminal Justice Trends
distribution of this net difference is

shown by Federal judicial district.

Source: Pretrial Services Agency,

Pretrial Services Act Information

System data base, fiscal year.

Figure 18, p. 13. Includes defendants

released prior to trial during the fiscal

year. Source: Pretrial Services Agency,

Pretrial Services Act Information

System, fiscal year.

Figure 19, p. 15. Includes defendants

who had an initial hearing in U.S.

district court from 1994-2003. Prior

criminal history is determined only for

those defendants whose PSA records

explicitly showed no prior conviction.

Source: Pretrial Services Agency,

Pretrial Services Act Information

System, fiscal year. 

Figure 20, p. 16. Shows the percent

distribution of cases filed calculated by

summing the number of cases filed in

each district and displaying the percent

contribution to the overall total by

Federal judicial district. The following

districts are not shown: Puerto Rico,

Guam, Virgin Islands, Northern

Mariana Islands, and the District of

Columbia (comprising 3% of all cases

filed). Percents are rounded. Source:

Administrative Office of the U.S.

Courts, Criminal Master File, fiscal

year.

Figure 21, p. 17. The trial rate is

computed for each district by dividing

the number of cases concluded in

which a bench or jury trial occurred into

the total number of cases concluded in

that district. The following districts are

not shown: Puerto Rico, Guam, Virgin

Islands, Northern Mariana Islands, and

the District of Columbia (trial rates

range from 6% to 12%). The displayed

percent is rounded. The District of

Columbia had a trial rate of 12%.

Source: Administrative Office of the

U.S. Courts, Criminal Master File, fiscal

year.

Figure 22, p. 18. Type of counsel at

the time of case termination. A total of

4% of cases concluded from 1994-

2003 were missing type of counsel.

Source: Administrative Office of the

U.S. Courts, Criminal Master File, fiscal

year.

Figure 23, p 20. Average prison

sentence imposed on defendants

convicted and sentenced to any prison

term during the fiscal year. Source:

Administrative Office of the U.S.

Courts, Criminal Master File, fiscal

year.

Figure 24, p. 22. Map shows the rate

at which a Federal judicial district

imposed sentences within ranges as

determined by the U.S. Sentencing

Guidelines. The rate is computed by

dividing the number of sentences that

were within guideline range by the total

number of sentences imposed during

fiscal years 1994-2003 (based on

non-missing data). The following

districts were missing 5% or more of

departure information: C. District of CA

(38%); E. District of VA (25%); S.

District of CA (18%); E. District of NY

(15%); W. District of WA (16%); District

of UT (15%): District of OR (11%); M.

District of TN (10%); M. District of GA

(10%); District of GU (9%); W. District

of NC (9%); M. District of AL (8%); W.

District of KY (8%); S. District of NY

(7%); N. District of CA (8%); District of

CO (7%); N. District of NY (7%); S.

District of FL (7%); District of PR (7%);

S. District of GA (6%); N. District of IN

6%); and, N. District of IL (5%).

Overall, 6% of cases from 1994-2003

were missing departure information.

The displayed percent is rounded.

Source: U.S. Sentencing Commission,

Monitoring Data Base. 

Figure 25, p. 22. Percent of defendants sentenced within ranges determined by the U.S. Sentencing Guidelines based on non-missing data. A

maximum of 9% of cases were missing

departure information for a particular

year. Source: U.S. Sentencing

Commission, Monitoring Data Base.

Figure 26, p. 23. Includes defendants

sentenced under Chapter 2, Part D of

the U.S. Sentencing Guidelines:

Trafficking, protected locations,

continuing criminal enterprise, communications facility, rent/manage drug

establishment, and simple possession.

Percentages based on non-missing

cases. Less than 1% of cases missing

information on mandatory-minimum

sentence. Source: U.S. Sentencing

Commission, Monitoring Data Base.

Figure 27, p. 24. Figure depicts the

sentencing grid used to determine

sentence imposed. Along the vertical

axis are 43 offense levels which are

ranked in terms of severity of offense

from least (1) to most (43). Each

Federal offense is associated with an

offense severity score. The offense

level is subject to modification depending upon aggravating and mitigating

factors. The horizontal axis shows the

defendant’s criminal history score. A

criminal history score of 1 corresponds

to the mildest criminal history (including

no prior convictions/arrests). The criminal history score increases with the

magnitude and/or seriousness of the

defendant’s prior criminal history. The

sentencing grid (shown in figure) is

used to locate the cell corresponding to

the defendant’s final offense severity

score and criminal history score. A

frequency of the final cell used to

determine the defendant’s sentence

was generated for all defendants

sentenced under the Federal guidelines from 1994 to 2003. This distribution is shown in figure. For example,

3% of all defendants sentenced under

the guidelines from 1994 to 2003 were

sentenced in the cell corresponding to

an offense severity score of 6 and a

criminal history score of 1. Darker

shading refers to cells with a relatively

greater share of the total percent of

sentences imposed across this 10-year

period. Lighter shading refers to cells

with a relatively lesser share of the total

sentences imposed. Of 530,433 defendants sentenced, 31,727 were missing

information on offense severity/criminal

history score. A small share of defendants were sentenced under more than

one guideline and are not displayed.

There were a total of 498,706 cases

with complete information on final

Notes

Federal Criminal Justice Trends 39
criminal history score and offense

severity score. Source: U.S. Sentencing Commission, Monitoring Data

Base.

Figure 28, p. 25. Map shows the rate

for each Federal judicial district of

sentenced drug offenders who

received a safety valve provision. For

example Title 18 §3553(f), provides for

relief from statutory minimum

sentences with 1) Government’s

recommendation and 2) if the defendant meets the following criteria: no

more than 1 criminal history point, no

use of violence or credible threats of

violence or possess a firearm or other

dangerous weapon in connection with

offense; offense did not result in death

or serious bodily injury to any person;

defendant was not an organizer,

leader, manager, or supervisor of

others in the offense and was not

engaged in continuing criminal enterprise; defendant has truthfully provided

to the Government. Percents based on

non-missing data. Missing ranged from

6% of cases in 1994 to 12% in 2003

(missing safety valve and/or complete

guideline application information).

Source: U.S. Sentencing Commission,

Monitoring Data Base.

Figure 29, p. 26. The map shows the

distribution of resentencing under Rule

35(b) by Federal judicial district. Rule

35(b) of the Federal Rules of Criminal

Procedure permits the reduction of

sentence for substantial assistance to

the Government. Upon the Government’s motion within 1 year of sentencing, the court may reduce the

offender’s sentence if the offender

provided substantial assistance in the

investigation or prosecution of another

person and that the reduction in

sentence complies with the Federal

sentencing guidelines and policy statement by the U.S. Sentencing Commission. The Government may make a

motion more than 1 year after sentencing to reduce the sentence of an

offender if the information wasn’t

known to the defendant 1 year or more

after sentencing or the information

provided to the Government within 1

year of sentencing did not become

useful to the Government until more

than 1 year after sentencing. Source:

Federal Bureau of Prisons (BOP),

online Sentry System.

Figure 30, p.27. Figure excludes other

guideline based appeals. Source:

Administrative Office of the U.S.

Courts, Appeals database.

Figure 31, p. 28. Source: Administrative Office of the U.S. Courts, Appeals

database.

Figure 32, p. 28. Figure excludes other

dispositions. Source: Administrative

Office of the U.S. Courts, Appeals

database. 

Figure 33, p. 29. The number of

offenders under BOP jurisdiction in

1994 is for period ending Dec. 31st.

Source: Federal Bureau of Prisons as

reported in Prisoners in 1994, BJS

Bulletin <www.ojp.usdoj.gov/bjs>. The

number of offenders under BOP jurisdiction from 1995-2003 is for period

ending Sept. 30th. Source: Federal

Bureau of Prisons, State of the Bureau,

<www.bop.gov>. The number of

offenders under BOP custody from

1994-2003 is for period ending Sept.

30th. Source: Federal Bureau of

Prisons as reported in the Compendium of Federal Justice Statistics,

<www.ojp.usdoj.gov/bjs>.

Figure 34, p. 29. Source: Federal

Bureau of Prisons, online Sentry

System.

Figure 35, p. 31. Data include offenders sentenced in Federal courts

(excludes persons committed by the

D.C. Superior Court). Source: Federal

Bureau of Prisons, online Sentry

System.

Figure 36, p. 32. Percentages based

on non-missing cases. Data include

offenders sentenced in Federal courts

(excludes persons committed by the

D.C. Superior Court). Source: Federal

Bureau of Prisons, online Sentry

System.

Figure 37, p. 33. Time served calculated from prisoner’s arrival into BOP

jurisdiction until first release from

prison, plus any jail time served and

credited. Note: Beginning in 2000,

average time served is calculated for

offenders in BOP custody and offenders in contract and private facilities, but

not those committed for violations of

the District of Columbia criminal code.

Source: Federal Bureau of Prisons,

online Sentry System, fiscal year. 

Figure 38, p. 34. Note: Data for 1987

through 1994 are based on a count of

the supervised population as of June

30. Beginning in 1995 data are based

on a count as of September 30.

Source: Administrative Office of the

U.S. Courts, Federal Probation and

Supervision Information System

(FPSIS), fiscal year.

Figure 39, p. 35. Source: Administrative Office of the U.S. Courts, Federal

Probation and Supervision Information

System, fiscal year.

Figure 40, p. 37. The difference was

taken between the number of inmates

under Federal supervision at fiscal

yearend 1994 and in 2003. This difference provides the net growth for

offenders under Federal supervision

between 1994 and 2003 and the

percent distribution of the net growth is

displayed by Federal judicial district on

the map. Source: Administrative Office

of the U.S. Courts, Federal Probation

and Supervision Information System,

fiscal year.

Table notes

Table 1, p. 1. Percentages based on

non-missing cases. Missing comprised

less than 1% for each year. Source:

U.S. Marshals Service (USMS)

Prisoner Tracking System (PTS), fiscal

year.

Table 2, p. 2. Percentages based on

non-missing cases. In 1994 the following were missing: citizenship (13%),

and gender, age, and race (each <2%).

In 2003 missing included citizenship

Notes

40 Federal Criminal Justice Trends
(7%) and gender, age, and race (each

<2%). Source: U.S. Marshals Service

(USMS), Prisoner Tracking System.

Table 3, p. 3. Percentages based on

non-missing cases. In 1994 missing

included citizenship (6%), and gender,

age and race (each <1%). In 2003

missing included citizenship (5%), and

gender, age, and race (<1%). Information on suspect ethnicity not available.

Source: U.S. Marshals Service

(USMS), Prisoner Tracking System.

Table 4, p. 5. Other or non-drug

includes paraphernalia and other

items. Source: Drug Enforcement

Administration (DEA), Defendant

Statistical System.

Table 5, p. 6. Percentages based on

non-missing cases. The following

describes the maximum missing data

for each variable across offense

categories: sex (<1%), race (< 4%),

ethnic (< 9%), age (<2%), and citizenship (<6%). 1995 is the base year due

to missing demographic data for 1994.

Source: Drug Enforcement Administration (DEA), Defendant Statistical

System.

Table 6, p. 7. Percentages based on

non-missing cases. About 1% of cases

each year are missing offense information. Source: Executive Office for the

U.S. Attorney, Central System File.

Table 7, p. 11. Only records which

show a matter terminated by reason of

declination, disposition by a U.S.

Magistrate, or filed as a case in U.S.

district court were selected. Matters

“declined immediately” C those cases

in which the U.S. attorney spent less

than 1 hour investigating C were

excluded. Source: Executive Office for

U.S. Attorneys, Central System File,

fiscal year. 

Table 8, p. 12. Detained defendants

included defendants who were

detained at any time prior to case

termination. Totals include defendants

whose offense category could not be

determined. Source: Pretrial Services

Agency, Pretrial Services Act Information System, fiscal year.

Table 9, p. 14. Total includes defendants whose offense category could

not be determined. Source: Pretrial

Services Agency, Pretrial Services Act

Information System, fiscal year.

Table 10, p. 15. Source: Pretrial

Services Agency, Pretrial Services Act

Information System, fiscal year. 

Table 11, p. 16. Most serious offense

is based on the offense carrying the

maximum statutory penalty. Includes

defendants whose offense category

could not be determined. See Methodology for a listing of detailed offense

categories within each major offense

category. Source: Administrative Office

of the U.S. Courts, Criminal Master

File, fiscal year.

Table 12, p. 17. Case processing time

is computed from case filing to disposition. Source: Administrative Office of

the U.S. Courts, Criminal Master File,

fiscal year.

Table 13, p. 18. Note: Most serious

offense is based on the disposition

offense with the most severe sentence.

Includes offenders whose offense

category could not be determined or

whose sentence was unknown.

Source: Administrative Office of the

U.S. Courts, Criminal Master File, fiscal

year.

Table 14, p. 19. Percentages based on

non-missing cases. Offender characteristics could not be determined for

16%-20% of defendants across

characteristics in 1996. In 2003

missing information comprised less

than 1% across characteristics. Table

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. Source:

Compendium of Federal Justice Statistics, <www.ojp.usdoj.gov/bjs>.

Table 15, p. 20. Percentages based on

non-missing cases. Missing data

comprised less than 1% for each year.

Source: Administrative Office of the

U.S. Courts, Criminal Master File, fiscal

year.

Table 16, p. 21. Note: Most serious

offense is based on the disposition

offense with the most severe sentence.

Includes offenders whose offense

category could not be determined or

whose sentence was unknown.

Source: Administrative Office of the

U.S. Courts, Criminal Master File, fiscal

year.

Table 17, p. 21. Source: Administrative

Office of the U.S. Courts, Criminal

Master File, fiscal year.

Table 18, p. 23. Percentages based on

non-missing cases. Four percent of

cases sentenced in 1994 were missing

departure information and/or offenses

information. In 2003, 8% of cases were

missing departure and/or offense information. Downward departure category

includes Government-initiated departures. Source: U.S. Sentencing

Commission, Monitoring Data Base.

Table 19, p. 25. Percents are based on

non-missing data. Includes defendants

sentenced under Chapter 2, Part D of

the U.S. Sentencing Guidelines:

Trafficking, protected locations,

continuing criminal enterprise, communications facility, rent/manage drug

establishment, and simple possession.

Six percent of cases in 1994 were

missing safety valve and/or complete

guideline application information. In

2003 12% of cases were missing

safety valve and/or guideline application information. Source: U.S. Sentencing Commission, Monitoring Data

Base.

Table 20, p. 26. Source: Database with

special data set covering all prisoner

admissions 1986-1997 and subsequently updated with annual Federal

Bureau of Prisons, online Sentry

System to capture resentencing.

Table 21, p. 27. Offenses represent

the statutory offense of conviction

against a defendant in a criminal

appeal. Includes offenders whose

offense category could not be determined. Number of defendants

Notes

Federal Criminal Justice Trends 41
convicted derived from 1994 and 2003

defendants in cases terminated.

Source: Administrative Office of the

U.S. Courts, Court of Appeals File and

Criminal Master File, fiscal year.

Table 22, p. 30. Data includes only

offenders sentenced in Federal court.

Total includes prisoners whose offense

category could not be determined.

Source: Federal Bureau of Prisons,

online Sentry System, fiscal year.

Table 23, p. 31. Percentages based on

non-missing cases. Data includes only

offenders sentenced in Federal court.

Source: Federal Bureau of Prisons,

online Sentry System, fiscal year.

Table 24, p. 32. Percentages based on

non-missing cases. Data includes only

offenders sentenced in Federal court.

Source: Federal Bureau of Prisons,

online Sentry System, fiscal year.

Table 25, p. 33. Note: Most serious

offense is based on the offense having

the longest sentence. Starting in 2000

the universe for this table includes

offenders in BOP custody and offenders in contract and private facilities, but

not those committed for violations of

the District of Columbia criminal code.

Includes prisoners whose offense

category could not be determined.

Source: Federal Bureau of Prisons,

online Sentry System, fiscal year.

Table 26, p. 34. Most serious offense

of conviction is based on the offense

with the longest sentence imposed.

Includes offenders under the three

major forms of supervision: probation,

supervised release, and parole.

Includes offenders whose offense

category could not be determined.

Excludes organizational defendants.

Source: Administrative Office 

of the U.S. Courts, Federal Probation

and Supervision Information System.

Table 27, p. 35. Percentages based on

non-missing cases. Excludes organizational defendants. Source: Administrative Office of the U.S. Courts, Federal

Probation and Supervision Information

System.

Table 28, p. 36. Percentages based on

non-missing cases. Excludes organizational defendants. Source: Administrative Office of the U.S. Courts, Federal

Probation and Supervision Information

System.

Table 29, p. 37. Percentages based on

non-missing cases. Excludes organizational defendants. Source: Administrative Office of the U.S. Courts, Federal

Probation and Supervision Information

System.

Notes

42 Federal Criminal Justice Trends
The Federal justice database

The source of data for all tables in Federal Criminal Justice Trends is the 

Bureau of Justice Statistics (BJS) Federal justice database. The database is

constructed from source files provided

by the U.S. Marshals Service (USMS),

the Drug Enforcement Administration

(DEA), the Executive Office for U.S. 

Attorneys (EOUSA), the Administrative

Office of the U.S. Courts (AOUSC), the

United States Sentencing Commission

(USSC), and the Federal Bureau of

Prisons (BOP). AOUSC also maintains

the data collected by the U.S. Court of

Appeals and the Federal Probation and

Supervision Information System

(FPSIS). 

The universe of the BJS Federal justice

database includes criminal suspects investigated for violations of Federal

criminal law, criminal suspects arrested

for violations of Federal criminal law,

defendants in Federal pretrial cases

opened, defendants in cases filed in

U.S. district courts, and offenders entering Federal corrections and correctional supervision.

Wherever possible matters or cases

were selected based on an event that

occurred during each fiscal year (October 1 through September 30) from

1994 through 2003. 

The offense classification procedure

used in this report is based on the 

classification system followed by the

AOUSC. Specific offenses in the

AOUSC classification are combined to

form the BJS categories shown in this

report’s tables (see Compendium of

Federal Justice Statistics, 2003 (NCJ

210299) available on-line from the Bureau of Justice Statistics website.

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 have a maximum penalty of 1 year or less. 

Offenses in the tables are classified, at

the most general level, into felony and

misdemeanor categories. Felonies are

divided into six main level offense classifications: violent, property, drug,

public-order, weapon and immigration

offenses. Property and public-order 

offenses have two sub-levels. The

main-level and sub-group categories

are composed of individual offense

types. When possible drug offenses

are divided into the individual offense

level.

“Other public-order offenses” include

detail at the individual offense type

level. Table M.1 shows a list of specific

offenses under each offense category.

Methodology

Federal Criminal Justice Trends 43

Larceny

Drug possession

Immigration

Traffic offense

Other

misdemeanors

Fraudulent

property

Immigration

 offenses

Weapons

 violations

Tax law violations

Bribery

Perjury, contempt,

and intimidation

National defense

Racketeering/

extortion

Gambling

Nonviolent sex

offenses

Obscene material

Wildlife offenses

Environmental

All other felonies

Agriculture

Antitrust

Food and drug

Transportation

Civil rights

Communications

Custom laws

Postal laws

Other regulatory

offenses

Trafficking

Possession

Other drug

offenses

Burglary

Larceny

Motor vehicle

theft

Arson and

explosives

Transportation

of stolen

property

Other property

offenses

Embezzlement

Fraud

Forgery

Counterfeiting

Murder

Negligent

manslaughter

Assault

Robbery

Sexual abuse

Kidnaping

Threats against

the President

Fraudulent Other Regulatory Other Misdemeanors

Immigration

offenses

Weapon

offenses

Drug Public-order offenses

offenses

Violent Property offenses

offenses

Felonies

Table M.1. Breakout of main category offenses
44 Federal Criminal Justice Trends

The data extracts contain information on all offenders released from prison over a specific period of

time plus information about the offenders in prison when the data extracts are made. The information

covers the time that offenders enter prison until their release from the jurisdiction of the Bureau of

Prisons. Excludes prisoners sentenced by a District of Columbia Superior Court judge for violations 

of the DC Criminal Code.

Bureau of Prisons (BOP): Extract from

BOP’s online Sentry System

Contains information about supervision provided by probation officers for persons placed on probation or supervised release from prison. The files contain records of individuals entering, or currently

on supervision, as well as records of offenders terminating supervision.

AOUSC — Federal Probation and Supervision Information System (FPSIS)

Contains information on criminal appeals filed and terminated in U.S. Courts of Appeals. Includes information on the nature of the criminal appeal, the underlying offense, and the disposition of the

appeal.

AOUSC: Court of Appeals

Contains information on criminal defendants sentenced pursuant to the provisions of the Sentencing

Reform Act of 1984. It is estimated that more than 90% of felony defendants in the Federal criminal

justice system are sentenced pursuant to the SRA of 1984. Data files are limited to those defendants

whose records have been obtained by the U.S. Sentencing Commission. 

United States Sentencing Commission

(USSC) — Monitoring Data Base

Contains information about the criminal proceedings against defendants whose cases were filed in

U.S. district courts. Includes information on felony defendants, Class A misdemeanants — whether

handled by U.S. district court judges or U.S. magistrates — and other misdemeanants provided they

were handled by U.S. district court judges. The information in the data files cover criminal proceedings from case filing through disposition and sentencing. 

Administrative Office of the U.S. Courts

(AOUSC) — Criminal Master File

Contains data on defendants interviewed, investigated, or supervised by pretrial services. The information covers defendants’ pretrial hearings, detentions, and releases from the time they are interviewed through the disposition of their cases in district court. The data describe pretrial defendants

processed by Federal pretrial service agencies within each district. 

AOUSC: Pretrial Services Agency

(PSA) — Pretrial Services Act Information System

Contains information on the investigation and prosecution of suspects in criminal matters received

and concluded, and criminal cases filed and terminated. The central system files contain defendantlevel records about the processing of matters and cases.

Executive Office for U.S. Attorneys

(EOUSA) — Central System Files

Contains data on suspects arrested by DEA agents and includes information on characteristics of arrestees and type of drug for which arrested.Drug Enforcement Administration (DEA)

— Defendant Statistical System

Contains data on suspects arrested for violations of Federal law, by Federal enforcement agencies

and data on characteristics of Federal arrestees.

United States Marshals Service (USMS)

— Prisoner Tracking System (PTS)

Description of data files contents

Data source agency —

data files

Source agencies for Criminal Justice Trends data tables
Federal Criminal Justice Trends 45

property” excludes fraudulent property and includes destruction of property

and trespassing.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes suspects whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; and “Other nonfraudulent 

154 137 147 163 62 73 60 1,026 1,128 1,258

Unknown or indeterminable

offenses

Material witness 886 1,143 1,617 2,169 3,398 4,016 4,203 3,679 3,918 4,615

Supervision violations 12,719 13,498 13,304 13,995 15,157 15,603 17,133 18,978 21,777 23,605

Immigration offenses 8,777 10,600 12,026 14,994 20,942 22,849 25,205 24,794 25,270 27,620 d

Weapon offenses 3,885 3,724 3,131 3,235 3,539 4,268 5,203 6,007 7,488 9,416 d

Other 11,066 9,639 8,922 8,575 8,459 9,089 9,442 8,469 8,248 8,166

Regulatory 530 697 656 749 775 752 621 687 524 425

Public-order offenses 11,596 10,336 9,578 9,324 9,234 9,841 10,063 9,156 8,772 8,591

Drug offenses 23,268 23,768 24,682 26,843 30,012 31,867 32,630 33,589 33,730 34,217

Other

c 3,621 3,441 3,462 3,376 3,567 3,453 3,410 3,427 3,292 3,089

Fraudulentc 11,919 12,804 12,729 12,912 13,219 13,116 13,432 13,397 13,976 14,169

Property offenses 15,540 16,245 16,191 16,288 16,786 16,569 16,842 16,824 17,268 17,258

Violent offensesc 3,905 3,873 4,519 4,801 4,989 4,254 4,250 4,843 4,723 4,484

All offenses 80,730 83,324 85,195 91,747 104,119 109,340 115,589 118,896 124,074 131,064 b

2003a 2002a 2001a 2000a 1999a Most serious offense 1994 1995 1996 1997 1998

Table A.1. Suspects arrested for Federal offenses and booked by USMS, by offense, 1994-2003

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; and “Other nonfraudulent

property” excludes fraudulent property and includes destruction of property

and trespassing.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense investigated is based on the decision of the

assistant U.S. attorney responsible for the matter.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes suspects whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

1,126 1,387 1,515 1,644 1,420 1,565 877 694 1,101 1,519

Unknown or 

indeterminable offenses

Immigration offenses 5,526 7,256 7,122 9,366 14,114 15,539 16,495 15,378 16,699 20,341 d

Weapon offenses 5,996 5,376 4,462 4,870 4,907 6,982 8,589 8,989 11,200 14,022 d

Other 14,084 13,665 13,764 17,434 14,703 16,484 18,443 18,569 18,734 18,351

Regulatory 5,059 5,371 5,154 5,423 6,541 6,332 5,737 5,411 4,738 5,366

Public-order offenses 19,143 19,036 18,918 22,857 21,244 22,816 24,180 23,980 23,472 23,717

Drug offenses 29,311 31,686 30,227 34,027 36,355 37,313 38,959 37,944 38,150 37,416

Otherc 4,088 3,923 3,717 4,062 3,797 3,811 3,744 3,333 3,302 3,114

Fraudulentc 28,491 27,836 25,245 25,854 26,328 24,200 24,679 25,275 24,019 24,261

Property offenses 32,579 31,759 28,962 29,916 30,125 28,011 28,423 28,608 27,321 27,375

Violent offensesc 5,570 5,720 6,570 7,354 7,527 5,768 6,036 6,225 6,392 5,688

All offenses 99,251 102,220 97,776 110,034 115,692 117,994 123,559 121,818 124,335 130,078 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious 

offense investigated

Table A.2. Suspects in criminal matters investigated by U.S. attorneys, by offense, 1994-2003
46 Federal Criminal Justice Trends

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; and “Other nonfraudulent

property” excludes fraudulent property and includes destruction of

property and trespassing.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense investigated is based on the decision of the

assistant U.S. attorney responsible for the matter.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.” 

b

Includes suspects whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

588 900 1,039 1,302 1,055 1,197 849 621 782 591

Unknown or 

indeterminable offenses

Immigration offenses 5,299 6,660 6,929 8,774 13,249 15,201 16,110 15,350 16,197 20,378 d

Weapon offenses 5,992 5,732 4,673 4,646 4,742 5,919 7,753 8,715 10,126 12,954 d

Other 13,323 13,205 13,117 12,880 13,232 15,208 16,535 17,300 18,192 17,121

Regulatory 4,990 5,264 4,843 4,582 5,427 5,698 5,840 5,484 4,947 4,902

Public-order offenses 18,313 18,469 17,960 17,462 18,659 20,906 22,375 22,784 23,139 22,023

Drug offenses 27,697 31,261 30,708 32,072 33,991 36,765 37,009 37,543 38,424 38,537

Other

c 3,714 4,027 3,744 3,476 3,749 3,739 3,527 3,334 3,540 3,250

Fraudulentc 28,038 29,861 27,294 25,157 23,712 24,575 24,186 24,786 25,543 25,020

Property offenses 31,752 33,888 31,038 28,633 27,461 28,314 27,713 28,120 29,083 28,270

Violent offensesc 5,339 5,399 6,107 6,570 6,865 5,631 5,641 5,845 6,330 5,765

All offenses 94,980 102,309 98,454 99,459 106,022 113,933 117,450 118,978 124,081 128,518 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious 

offense investigated

Table A.3. Suspects in criminal matters concluded by U.S. attorneys, by offense, 1994-2003

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; and “Other nonfraudulent

property” excludes fraudulent property and includes destruction of property

and trespassing.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense investigated is based on the decision of the

assistant U.S. attorney responsible for the matter. Number of suspects

includes suspects whose cases were filed in U.S. district court before a

district court judge.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes suspects whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

244 308 362 542 298 234 254 250 253 212

Unknown or 

indeterminable offenses

Immigration offenses 2,789 4,305 5,830 7,243 10,505 11,794 13,414 12,488 13,693 16,529 d

Weapon offenses 3,821 3,758 2,935 3,192 3,347 4,149 5,026 5,599 7,105 9,202 d

Other 5,288 5,237 5,813 4,977 4,359 4,828 5,539 4,945 5,576 5,335

Regulatory 1,297 1,509 1,396 1,332 1,571 1,648 1,862 1,557 1,240 1,305

Public-order offenses 6,585 6,746 7,209 6,309 5,930 6,476 7,401 6,502 6,816 6,640

Drug offenses 19,427 21,445 21,548 24,400 26,266 28,372 28,917 29,583 29,411 29,259

Otherc 1,997 2,060 1,933 1,881 1,945 1,713 1,687 1,689 1,715 1,521

Fraudulentc 12,683 13,858 13,337 12,663 12,408 12,319 12,988 13,044 13,919 13,525

Property offenses 14,680 15,918 15,270 14,544 14,353 14,032 14,675 14,733 15,634 15,046

Violent offensesc 3,256 3,223 3,784 4,153 4,294 3,327 3,403 3,493 3,402 3,218

All offenses 50,802 55,703 56,938 60,383 64,993 68,384 73,090 72,648 76,314 80,106 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious 

offense investigated

Table A.4. Suspects in criminal matters concluded by U.S. attorneys: Number prosecuted before U.S. district court judge,

by offense, 1994-2003
Federal Criminal Justice Trends 47

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; and “Other nonfraudulent

property” excludes fraudulent property and includes destruction of property

and trespassing.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense investigated is based on the decision of the

assistant U.S. attorney responsible for the matter. Number of suspects

includes defendants in misdemeanor cases which were terminated in U.S.

district court before a U.S. magistrate.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes suspects whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

50 223 228 284 511 665 368 201 278 148

Unknown or 

indeterminable offenses

Immigration offenses 2,217 1,989 775 1,229 2,374 2,935 2,199 2,339 1,959 2,712 d

Weapon offenses 189 190 137 153 116 110 161 178 173 214 d

Other 3,234 3,290 2,941 3,901 4,819 5,629 6,278 7,093 7,006 6,296

Regulatory 198 224 275 266 386 445 637 560 618 781

Public-order offenses 3,432 3,514 3,216 4,167 5,205 6,074 6,915 7,653 7,624 7,077

Drug offenses 1,821 2,456 2,262 1,903 1,561 2,132 1,966 1,736 1,937 2,426

Other

c 245 300 260 284 520 643 610 482 577 618

Fraudulentc 1,536 1,743 1,511 1,635 1,651 1,678 1,368 1,185 1,194 1,299

Property offenses 1,781 2,043 1,771 1,919 2,171 2,321 1,978 1,667 1,771 1,917

Violent offensesc 264 295 295 352 305 308 329 306 351 316

All offenses 9,754 10,710 8,684 10,007 12,243 14,545 13,916 14,080 14,093 14,810 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious 

offense investigated

Table A.5. Suspects in criminal matters concluded by U.S. magistrates, by offense, 1994-2003

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; and “Other nonfraudulent

property” excludes fraudulent property and includes destruction of

property and trespassing.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense investigated is based on the decision of the

assistant U.S. attorney responsible for the matter. Number of suspects

includes suspects whose matters were declined for prosecution by U.S.

attorneys upon review.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes suspects whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

294 369 449 476 246 298 227 170 251 231

Unknown or 

indeterminable offenses

Immigration offenses 293 366 324 302 370 472 497 523 545 1,137 d

Weapon offenses 1,982 1,784 1,601 1,301 1,279 1,660 2,566 2,938 2,848 3,538 d

Other 4,801 4,678 4,363 4,002 4,054 4,751 4,718 5,262 5,610 5,490

Regulatory 3,495 3,531 3,172 2,984 3,470 3,605 3,341 3,367 3,089 2,816

Public-order offenses 8,296 8,209 7,535 6,986 7,524 8,356 8,059 8,629 8,699 8,306

Drug offenses 6,449 7,360 6,898 5,769 6,164 6,261 6,126 6,224 7,076 6,852

Otherc 1,472 1,667 1,551 1,311 1,284 1,383 1,230 1,163 1,248 1,111

Fraudulentc 13,819 14,260 12,446 10,859 9,653 10,578 9,830 10,557 10,430 10,196

Property offenses 15,291 15,927 13,997 12,170 10,937 11,961 11,060 11,720 11,678 11,307

Violent offensesc 1,819 1,881 2,028 2,065 2,266 1,996 1,909 2,046 2,577 2,231

All offenses 34,424 35,896 32,832 29,069 28,786 31,004 30,444 32,250 33,674 33,602 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious 

offense investigated

Table A.6. Suspects in criminal matters concluded by U.S. attorneys: Number declined prosecution, by offense, 1994-2003
48 Federal Criminal Justice Trends

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; “Other nonfraudulent property”

excludes fraudulent property and includes destruction of property and

trespassing; and "Misdemeanors" include misdemeanors, petty offenses,

and unknown offense levels.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense charged is based on the offense carrying the

most severe statutory maximum penalty.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes defendants whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

6 28 50 62 149 115 75 74 71 80

Unknown or 

indeterminable offenses

Misdemeanorsc 14,980 13,036 12,774 12,267 13,254 12,474 12,104 11,703 11,493 11,651

Immigration offenses 2,453 3,866 5,390 6,726 9,254 10,550 12,036 11,504 13,101 15,997 d

Weapon offenses 3,557 4,212 3,651 3,837 4,287 4,924 6,073 6,495 8,104 9,961 d

Other 3,423 3,482 3,228 3,156 3,130 3,662 3,872 3,377 3,830 3,823

Regulatory 1,256 1,265 1,123 1,117 1,359 1,245 1,264 1,218 1,021 1,006

Public-order offenses 4,679 4,747 4,351 4,273 4,489 4,907 5,136 4,595 4,851 4,829

Possession / other 223 792 1,155 1,290 1,703 2,010 1,721 1,986 2,267 2,136

Trafficking 20,052 20,191 20,522 23,403 26,318 27,296 27,734 28,315 28,406 28,532

Drug offenses 20,275 20,983 21,677 24,693 28,021 29,306 29,455 30,301 30,673 30,668

Other

c 2,854 2,928 2,605 2,519 2,554 2,751 2,578 2,471 2,615 2,590

Fraudulentc 10,301 10,909 11,525 11,371 12,401 12,028 12,659 12,293 13,511 13,142

Property offenses 13,155 13,837 14,130 13,890 14,955 14,779 15,237 14,764 16,126 15,732

Violent offensesc 3,222 2,838 3,457 3,603 3,763 2,976 3,135 3,178 3,308 3,167

Felonies 47,341 50,483 52,656 57,022 64,769 67,442 71,072 70,837 76,163 80,354

All offenses 62,327 63,547 65,480 69,351 78,172 80,031 83,251 82,614 87,727 92,085 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious 

offense charged

Table A.7. Defendants in cases proceeded against in U.S. district courts, by offense, 1994-2003

excludes fraudulent property and includes destruction of property and

trespassing; and "Misdemeanors" include misdemeanors, petty

offenses, and unknown offense levels.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense charged is based on the offense carrying the

most severe statutory maximum penalty.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes defendants whose offense category could not be determined. 

See Methodology for a listing of detailed offense categories within each

major offense category.

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; “Other nonfraudulent property”

1 29 36 64 104 91 82 81 68 0

Unknown or 

indeterminable offenses

Misdemeanorsc 14,111 11,989 12,115 11,795 12,611 12,793 11,214 10,952 10,131 10,736

Immigration offenses 2,371 3,211 5,111 6,165 7,863 9,759 11,599 10,742 12,030 15,149 d

Weapon offenses 3,673 3,674 3,843 3,485 3,901 4,087 5,049 5,814 6,556 8,147 d

Other 3,237 2,917 2,966 3,038 2,906 3,531 3,461 3,236 3,516 3,566

Regulatory 1,383 1,181 1,151 1,069 1,104 1,306 1,229 1,166 1,129 906

Public-order offenses 4,620 4,098 4,117 4,107 4,010 4,837 4,690 4,402 4,645 4,472

Possession / other 163 366 819 995 1,365 1,674 1,695 1,726 2,046 2,102

Trafficking 20,056 17,823 19,486 21,379 22,952 25,334 25,579 26,501 27,254 26,495

Drug offenses 20,219 18,189 20,305 22,374 24,317 27,008 27,274 28,227 29,300 28,597

Other

c 2,989 2,609 2,556 2,573 2,528 2,468 2,490 2,387 2,443 2,497

Fraudulentc 10,193 9,817 10,260 11,152 10,965 11,587 11,590 11,563 12,324 12,468

Property offenses 13,182 12,426 12,816 13,725 13,493 14,055 14,080 13,950 14,767 14,965

Violent offensesc 3,227 2,864 3,091 3,241 3,470 3,093 2,964 2,977 2,927 3,040

Felonies 47,292 44,462 49,283 53,097 57,054 62,839 65,656 66,112 70,225 74,370

All offenses 61,404 56,480 61,434 64,956 69,769 75,723 76,952 77,145 80,424 85,106 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious 

offense charged

Table A.8. Defendants in cases terminating in U.S. district courts, by offense, 1994-2003
Federal Criminal Justice Trends 49

excludes fraudulent property and includes destruction of property and

trespassing; and "Misdemeanors" include misdemeanors, petty

offenses, and unknown offense levels.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense charged is based on the offense carrying the

most severe statutory maximum penalty.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes defendants whose offense category could not be determined. 

See Methodology for a listing of detailed offense categories within each

major offense category.

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; “Other nonfraudulent property”

Misdemeanorsc 70.4 75.2 75.6 74.8 75.2 71.2 71.6 73.0 71.0 68.1

Immigration offenses 92.2 93.6 96.1 95.9 94.7 95.4 95.9 95.1 95.3 96.6 d

Weapon offenses 85.2 84.8 87.5 87.6 87.5 88.6 88.4 90.0 89.0 89.8 d

Other 80.8 84.7 85.2 85.9 88.1 87.1 87.6 88.0 87.8 87.4

Regulatory 81.3 79.8 82.5 85.7 84.9 83.7 86.6 84.8 87.3 82.9

Public-order offenses 81.0 83.3 84.5 85.9 87.2 86.2 87.3 87.1 87.7 86.4

Possession / other 78.5 88.3 88.2 89.0 91.3 91.2 90.7 92.8 92.4 91.9

Trafficking 86.0 85.5 88.3 89.3 89.4 89.8 91.3 91.5 92.4 91.9

Drug offenses 85.9 85.6 88.3 89.3 89.5 89.9 91.2 91.6 92.4 91.9

Other

c 85.9 85.6 89.5 89.3 90.1 89.9 90.9 89.7 90.1 91.1

Fraudulentc 87.7 88.0 89.6 89.8 90.0 90.6 91.0 90.8 90.9 91.2

Property offenses 87.3 87.5 89.5 89.7 90.0 90.4 91.0 90.6 90.8 91.2

Violent offensesc 87.9 88.7 88.1 89.9 90.3 89.9 90.3 90.3 92.1 90.5

Felonies 86.2 86.6 89.0 89.8 90.1 90.5 91.5 91.5 91.9 92.1

All offensesb 82.6% 84.2% 86.4% 87.1% 87.4% 87.2% 88.6% 88.8% 89.3% 89.1%

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious 

offense charged

Table A.9. Defendants in cases terminating in U.S. district courts: Percent convicted, by offense, 1994-2003

excludes fraudulent property and includes destruction of property and

trespassing; and "Misdemeanors" include misdemeanors, petty offenses,

and unknown offense levels.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense is based on the disposition offense with the 

most severe sentence.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes offenders whose offense category could not be determined or

whose sentence was unknown. See Methodology for a listing of detailed

offense categories within each major offense category.

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; “Other nonfraudulent property”

5 25 30 56 89 73 72 70 61 2

Unknown or 

indeterminable offenses

Misdemeanorsc 11,072 9,818 10,054 9,636 10,375 10,118 8,961 9,100 8,499 8,767

Immigration offenses 2,152 3,045 4,929 6,044 7,569 9,357 11,125 10,050 11,132 14,199 d

Weapon offenses 3,232 3,062 3,033 2,871 3,160 3,423 4,196 4,925 5,563 6,970 d

Other 2,714 2,659 2,711 2,751 2,771 3,251 3,209 2,937 3,227 3,195

Regulatory 1,309 1,177 1,169 1,211 1,187 1,410 1,376 1,410 1,403 1,136

Public-order offenses 4,023 3,836 3,880 3,962 3,958 4,661 4,585 4,347 4,630 4,331

Possession / other 203 456 880 1,058 1,450 1,778 1,931 1,840 2,060 2,061

Trafficking 16,197 14,322 16,485 18,057 19,417 21,698 22,275 23,248 24,174 23,521

Drug offenses 16,400 14,778 17,365 19,115 20,867 23,476 24,206 25,088 26,234 25,582

Other

c 2,442 2,085 2,070 2,091 2,110 2,029 2,058 1,990 1,994 1,988

Fraudulentc 8,671 8,484 9,055 9,919 9,752 10,203 10,396 10,359 11,107 11,323

Property offenses 11,113 10,569 11,125 12,010 11,862 12,232 12,454 12,349 13,101 13,311

Violent offensesc 2,704 2,423 2,660 2,876 3,078 2,715 2,557 2,604 2,578 2,643

Felonies 39,624 37,713 42,992 46,878 50,494 55,864 59,123 59,363 63,238 67,036

All offenses 50,701 47,556 53,076 56,570 60,958 66,055 68,156 68,533 71,798 75,805 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious offense 

of conviction

Table A.10. Offenders convicted and sentenced in U.S. district courts, by offense, 1994-2003
50 Federal Criminal Justice Trends

c

In this table “Violent offenses” may include nonnegligent

manslaughter; “Fraudulent property” excludes tax fraud; “Other

nonfraudulent property” excludes fraudulent property and includes

destruction of property and trespassing; and "Misdemeanors" include

misdemeanors, petty offenses, and unknown offense levels.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became

major offense categories. Previously, these offenses were classified

within “Public-order offenses.”

Note: Most serious offense of conviction is based on the disposition

offense with the most severe sentence. Number of offenders includes

offenders given life and death sentences, and includes new law offenders

given prison-community split sentences (prison and conditions of

alternative community confinement). Number of offenders also includes

offenders given mixed sentences of prison plus probation, applicable only

to offenders sentenced pursuant to laws applicable prior to the Sentencing

Reform Act of 1984.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes offenders whose offense category could not be determined or

whose sentence was unknown. See Methodology for a listing of detailed

offense categories within each major offense category.

4 7 8 5 31 33 25 33 28 0

Unknown or indeterminable

offenses

Misdemeanorsc 1,948 2,039 2,020 1,679 1,590 1,556 1,356 1,515 1,408 1,818

Immigration offenses 1,857 2,751 4,183 5,262 6,880 8,427 10,073 9,065 9,954 12,390 d

Weapon offenses 2,901 2,803 2,773 2,663 2,914 3,191 3,834 4,541 5,134 6,431 d

Other 1,766 1,707 1,887 1,853 1,918 2,438 2,342 2,089 2,412 2,494

Regulatory 644 572 540 603 506 627 647 597 641 542

Public-order offensesd 2,410 2,279 2,427 2,456 2,424 3,065 2,989 2,686 3,053 3,036

Possession / other 132 369 736 919 1,267 1,577 1,719 1,652 1,844 1,840

Trafficking 14,841 13,133 15,248 16,718 18,013 20,117 20,633 21,422 22,107 21,704

Drug offenses 14,973 13,502 15,984 17,637 19,280 21,694 22,352 23,074 23,951 23,544

Other

c 1,543 1,287 1,237 1,239 1,254 1,137 1,190 1,207 1,092 1,211

Fraudulentc 4,868 4,928 5,322 5,871 5,860 6,067 6,272 6,537 6,654 6,737

Property offenses 6,411 6,215 6,559 7,110 7,114 7,204 7,462 7,744 7,746 7,948

Violent offensesc 2,518 2,209 2,419 2,619 2,808 2,489 2,360 2,399 2,408 2,462

Felonies 31,070 29,759 34,345 37,747 41,420 46,070 49,070 49,509 52,246 55,811

All offensesb 33,022 31,805 36,373 39,431 43,041 47,659 50,451 51,057 53,682 57,629

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious offense 

of conviction

Table A.11. Offenders convicted and sentenced in U.S. district courts: Number sentenced to prison, by offense, 1994-2003

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; and “Other nonfraudulent

property” excludes fraudulent property and includes destruction of

property and trespassing.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

”Public-order offenses.”

Note: Appeals were classified into the offense category that represents the

offense of conviction. Offenses represent the statutory offense charged

against a defendant in a criminal appeal.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes offenders whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

328 999 491 458 448 482 469 536 607 564

Unknown or indeterminable

offenses

Immigration offenses 261 277 353 417 693 934 1,179 1,654 1,679 1,821 d

Weapon offenses 1,141 1,034 1,183 1,135 982 1,070 872 1,266 1,386 1,681 d

Other 749 666 789 826 700 792 677 880 642 757

Regulatory 288 220 196 224 178 162 150 144 128 137

Public-order offensesd 1,037 886 985 1,050 878 954 827 1,024 876 894

Drug offenses 5,102 4,499 5,099 4,750 4,845 4,513 3,843 4,529 4,689 4,565

Other

c 539 444 512 453 508 401 318 382 337 364

Fraudulentc 1,410 1,323 1,581 1,519 1,439 1,338 1,164 1,299 1,389 1,478

Property offenses 1,949 1,767 2,093 1,972 1,947 1,739 1,482 1,681 1,726 1,842

Violent offensesc 856 700 685 739 742 559 490 591 606 601

All offensesb 10,674 10,162 10,889 10,521 10,535 10,251 9,162 11,281 11,569 11,968

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious offense 

of conviction

Table A.12. Criminal appeals filed, by offense, 1994-2003
Federal Criminal Justice Trends 51

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; “Other nonfraudulent property”

excludes fraudulent property and includes destruction of property and

trespassing; and "Misdemeanors" include misdemeanors, petty offenses,

and unknown offense levels.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense of conviction is based on the disposition offense

with the most severe sentence. Number of offenders includes offenders

given probation plus conditions of confinement, such as home confinement

or intermittent confinement.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes offenders whose offense category could not be determined or

whose sentence was unknown. See Methodology for a listing of detailed

offense categories within each major offense category.

1 16 20 47 56 38 44 36 31 2

Unknown or 

indeterminable offenses

Misdemeanorsc 5,103 4,556 4,631 4,612 4,844 4,879 4,416 4,051 3,925 3,914

Immigration offenses 217 204 376 310 769 409 362 365 323 406 d

Weapon offenses 296 221 229 182 208 190 297 326 340 436 d

Other 894 897 736 821 278 740 754 769 713 613

Regulatory 575 531 542 522 582 665 619 712 630 474

Public-order offenses 1,469 1,428 1,278 1,343 860 1,405 1,373 1,481 1,343 1,087

Possession / other 65 66 123 114 140 153 159 144 170 161

Trafficking 1,139 926 888 940 952 981 971 1,105 1,175 1,043

Drug offenses 1,204 992 1,011 1,054 1,092 1,134 1,130 1,249 1,345 1,204

Other

c 850 770 797 800 795 831 794 703 807 709

Fraudulentc 3,477 3,217 3,238 3,475 3,249 3,340 3,372 3,102 3,542 3,434

Property offenses 4,327 3,987 4,035 4,275 4,044 4,171 4,166 3,805 4,349 4,143

Violent offensesc 164 198 209 223 235 182 149 160 118 130

Felonies 7,677 7,030 7,138 7,387 7,208 7,491 7,477 7,386 7,818 7,406

All offenses 12,781 11,602 11,789 12,046 12,108 12,408 11,937 11,473 11,774 11,322 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious offense 

of conviction

Table A.13. Offenders convicted and sentenced in U.S. district courts: Number sentenced to probation only,

by offense, 1994-2003

c

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; “Other nonfraudulent property”

excludes fraudulent property and includes destruction of property and

trespassing; and "Misdemeanors" include misdemeanors, petty offenses,

and unknown offense levels.

d

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense of conviction is based on the disposition

offense with the most severe sentence. Calculations exclude offenders

given life or death sentences, and old law offenders given mixed

sentences of prison plus probation. For new law offenders given

prison-community split sentences, only the prison portion of the

sentence is included in calculations.

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes offenders whose offense category could not be determined or

whose sentence was unknown. See Methodology for a listing of detailed

offense categories within each major offense category.

Misdemeanors 12.3 9.8 11.1 10.1 11.6 10.8 10.3 10.0 9.6 9.1 c

Immigration offenses 22.9 24.0 22.9 23.0 26.4 30.7 29.5 29.2 27.9 26.7 d

Weapon offenses 83.2 95.0 100.3 102.1 101.3 99.5 92.2 87.3 83.8 84.0 d

Other 37.9 39.7 48.0 46.8 47.4 52.4 46.5 43.9 41.8 45.2

Regulatory 32.2 27.8 26.7 26.5 27.8 26.3 28.0 23.6 25.9 33.5

Public-order offenses 36.3 36.7 43.2 41.8 43.3 47.0 42.5 39.4 38.4 43.1

Possession / other 45.6 66.4 77.1 77.7 84.3 83.4 81.1 78.9 79.6 82.9

Trafficking 84.2 87.7 85.1 81.3 78.3 74.8 75.2 73.6 75.7 81.4

Drug offenses 83.9 87.1 84.8 81.1 78.7 75.4 75.6 73.9 76.0 81.5

Other 46.2 47.5 37.0 35.2 40.4 33.0 33.4 34.9 34.8 41.1 c

Fraudulent 20.0 21.9 21.1 22.1 22.4 22.4 22.5 22.3 23.5 24.9 c

Property offenses 26.4 27.3 24.1 24.4 25.6 24.1 24.3 24.2 25.1 27.4

Violent offenses 92.3 98.5 92.7 86.1 84.4 88.1 86.6 90.7 88.6 97.6 c

Felonies 65.6 66.8 64.6 61.5 60.6 59.6 58.0 58.0 58.4 60.4

All offenses 62.6 mo 63.3 mo 61.7 mo 59.3 mo 58.9 mo 58.1 mo 56.8 mo 56.7 mo 57.1 mo 58.9 mo b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious offense 

of conviction 

Table A.14. Offenders convicted and sentenced in U.S. district courts: Mean number of months of imprisonment imposed,

by offense, 1994-2003
 

52 Federal Criminal Justice Trends

c

Includes offenders whose felony offense category could not be

determined. A felony offense category could not be determined for 70

offenders during 1994, 118 during 1995, 158 during 1996, 264 during

1997, 264 during 1998, 289 during 1999, 212 during 2000, 208 during

2001, 193 during 2002, and 180 during 2003.

d

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; “Other nonfraudulent property”

excludes fraudulent property and includes destruction of property and

trespassing; and "Misdemeanors" include misdemeanors, petty

offenses, and unknown offense levels.

e

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense of conviction is based on the offense with the

longest sentence imposed. Number of offenders includes offenders under

active supervision at the close of the fiscal year. This population includes

offenders under the three major forms of supervision: probation, supervised

release, and parole. Included under parole are two less common types of 

old law release: mandatory release and special parole. Excluded from the

number of offenders under active supervision reported in the table are

offenders released to military parole and offenders under community

supervision prior to sentencing (such as during pretrial release or pretrial

investigation).

a

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

b

Includes offenders whose offense category could not be determined. See

Methodology for a listing of detailed offense categories within each major

offense category.

Misdemeanorsd 12,926 11,222 11,331 10,896 10,946 10,672 10,417 10,235 9,849 9,804

Immigration offenses 1,075 939 1,174 1,396 1,270 1,323 1,535 1,807 2,095 2,180 e

Weapon offenses 3,883 3,704 3,840 3,908 4,026 4,121 4,517 4,977 5,662 6,648 e

Other 5,910 5,883 5,749 5,793 5,519 6,032 6,065 6,169 6,469 6,354

Regulatory 2,252 2,176 2,097 2,168 2,162 2,323 2,410 2,604 2,570 2,484

Public-order offenses 8,162 8,059 7,846 7,961 7,681 8,355 8,475 8,773 9,039 8,838

Possession / other 1,374 2,458 3,338 3,792 3,956 4,129 4,254 4,332 4,566 4,601

Trafficking 26,665 26,648 28,505 29,870 31,228 33,559 35,362 38,001 40,414 41,380

Drug offenses 28,039 29,106 31,843 33,662 35,184 37,688 39,616 42,333 44,980 45,981

Otherd 5,865 5,455 5,174 4,954 4,814 4,876 4,851 4,904 4,829 4,711

Fraudulentd 22,411 21,832 22,066 22,586 22,532 23,252 23,846 23,947 24,439 24,300

Property offenses 28,276 27,287 27,240 27,540 27,346 28,128 28,697 28,851 29,268 29,011

Violent offensesd 4,504 4,463 4,791 4,945 5,554 5,468 5,795 6,163 6,281 6,328

Feloniesc 73,978 73,626 76,834 79,575 81,324 85,372 88,847 93,113 97,518 99,172

All offenses 86,904 84,848 88,165 90,471 92,270 96,044 99,264 103,348 107,367 108,976 b

2003a 2002a 2001a 2000a 1999a 1994 1995 1996 1997 1998

Most serious offense 

of conviction

Table A.15. Offenders under Federal supervision at the end of the fiscal year, by offense, 1994-2003

d

Includes prisoners whose offense category could not be determined.

See Methodology for a listing of detailed offense categories within each

major offense category.

e

In this table “Violent offenses” may include nonnegligent manslaughter;

“Fraudulent property” excludes tax fraud; and “Other nonfraudulent

property” excludes fraudulent property and includes destruction of

property and trespassing.

f

Beginning in 2001 “Weapon” and “Immigration” offenses became major

offense categories. Previously, these offenses were classified within

“Public-order offenses.”

Note: Most serious offense is based on the offense having the longest

sentence.

a

The yearend population for 1998 was adjusted to reflect an additional

1,013 prisoners reported in the Compendium of Federal Justice Statistics,

1998.

b

Starting in 1999 nonviolent sex offenses were reclassified from “Violent

offenses” to “Public-order offenses.”

c

Starting in 2000 the universe for this table includes offenders in BOP

custody and offenders in contract and private facilities, but not those

committed for violations of the District of Columbia criminal code. See

Methodology for more information.

940 970 947 1,328 2,358 2,332 1,263 1,041 1,083 1,156

Unknown or 

indeterminable offenses

Immigration offenses 2,486 3,420 4,476 5,454 7,430 10,156 13,676 15,012 15,571 16,903 f

Weapon offenses 6,769 7,420 7,669 8,049 8,697 9,439 10,652 12,150 13,725 16,014 f

Other 3,634 3,885 4,128 4,636 5,013 5,663 6,322 6,461 6,734 7,189

Regulatory 878 894 919 1,013 1,058 1,048 1,205 1,148 1,217 1,249

Public-order offenses 4,512 4,779 5,047 5,649 6,071 6,711 7,527 7,609 7,951 8,438

Possession / other 380 380 323 408 446 521 614 515 456 500

Trafficking 50,175 52,254 54,726 58,048 62,266 67,404 72,775 76,695 80,596 85,289

Drug offenses 50,555 52,634 55,049 58,456 62,712 67,925 73,389 77,210 81,052 85,789

Othere 2,155 1,997 1,959 1,981 2,097 2,030 2,352 2,383 2,302 2,407

Fraudulente 5,725 5,822 5,807 6,147 6,463 6,551 7,497 7,605 7,798 8,227

Property offenses 7,880 7,819 7,766 8,128 8,560 8,581 9,849 9,988 10,100 10,634

Violent offensese 11,111 11,281 11,392 11,537 12,451 13,121 12,973 13,385 13,549 13,525

All offensesd 84,253 88,323 92,346 98,601 108,279 118,265 129,329 136,395 143,031 152,459

2003b,c 2002b,c 2001b,c 2000b,c 1999b 1998a 1994 1995 1996 1997

Most serious original

offense of conviction

Table A.16. Population at the end of the fiscal year in Federal prisons, by offense, 1994-2003