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

December 2013, NCJ 239913

Mark Motivans, Ph.D., BJS Statistician

T

he number of suspects arrested for a federal
offense declined slightly to 179,489 in fiscal
year 2010 after reaching a record 181,726
suspects in 2009. The number of suspects arrested
by federal law enforcement more than doubled,
from 80,450 in 1994 to 179,489 in 2010 (figure 1).
In recent years, federal law enforcement activity
has outpaced the later stages of cases processing in
U.S. district court (persons charged, convicted, and
sentenced to prison). From 2006 to 2010, arrests
increased at an annual average rate of 6%, and
matters opened by U.S. attorneys (i.e., investigations)
increased at an annual average rate of 9%. In
comparison, the number of suspects charged in U.S.
district court increased at an average annual rate
of 3% over this period, while both the number of
defendants convicted in U.S. district court (up 3%)
and the number of offenders sentenced to prison (up
2%) increased.1
1The

reporting period used throughout this report is the fiscal
year, which is from October 1 to September 30. All percent
changes in this report are calculated using the average of the
annual change between the two reported years.

Figure 1
Suspects and defendants processed in the federal
justice system, 1994–2010
Number of suspects and defendants
200,000

150,000

Bul l etin

Federal Justice Statistics, 2010

Suspects investigated
Suspects arresteda
Defendants chargedb

100,000

50,000

Defendants convictedb
Defendants sentenced to prisonb

0

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

aExcludes D.C. Superior Court arrests.
bRepresents defendants charged with a felony or Class A misdemeanor

offense in U.S. district court.
Sources: Bureau of Justice Statistics, based on data from U.S. Marshals
Service, Prisoner Tracking and Justice Detainee Information Systems;
Executive Office for U.S. Attorneys, National LIONS data base;
Administrative Office of the U.S. Courts, criminal master file, fiscal years
1994–2010.

HIGHLIGHTS
„„ Suspects arrested and booked for federal

„„ Ninety-one percent of felons charged in U.S.

„„ Five federal law enforcement agencies referred

„„ In 2010, immigration (88%), violent (86%), and

„„ In 2010, non-U.S. citizens comprised 47% of

„„ At yearend 2010, over 400,000 federal offenders

supervision violations increased 91%, from 12,716
arrests in 1994 to 24,344 arrests in 2010 (figure 4).
77% of suspects prosecuted in U.S. district court in
2010 (table 8).
suspects charged in U.S. district court (table 10),
26% of offenders in federal prison (table 14), and
5% of offenders on post-conviction supervision
(table 16).

„„ Immigration was the most prevalent offense at

arrest (table 2) and investigation (table 6) in 2010.

„„ Drug offenses were the most prevalent offense

among defendants sentenced to prison (table 13),
in prison at yearend (figure 14), and on supervised
release in the community (figure 18).

district court in 2010 were disposed by a guilty
plea (table 12).
drug trafficking (84%) offenders were more likely
to be detained prior to case disposition (table 9).
were under some form of correctional control
(table 1).

„„ Fourteen percent of the 59,391 offenders released

from federal prison in 2008 returned to federal
prison within 3 years of release (table 15).

„„ Among those offenders who were released from

federal prison in 2008 and returned within 3 years,
59% returned for a supervision violation and 39%
returned for a new offense (table 15).

BJS

Summary

the community, and 7% were under pretrial supervision in the
community (table 1). Over this period, the number of federally
sentenced persons in BOP confinement increased by 23,588,
and the number of persons supervised in the community
increased by 11,864. The number of persons on probation
decreased from 26,022 in 2005 to 22,685 in 2010.

From 2006 to 2010, growth in the enforcement stage (arrest
and investigation) was due largely to increased arrests for
illegal entry into the United States. Illegal immigration (46%)
was the most common arrest offense in 2010, followed by drug
(16%) and supervision violations (14%). From 2006 to 2010,
immigration arrests increased at the fastest rate (up 16%),
followed by sex (up 10%) and fraud (up 6%) offenses. During
this period, material witness arrests (down 8%) declined the
most, followed by regulatory (down 6%) and weapons (down
3%) offenses.

Map 1
Suspects arrested and booked by the U.S. Marshals Service, by
federal judicial district, 2010

The five federal judicial districts along the U.S.-Mexico border
(California Southern, Arizona, New Mexico, Texas Western,
and Texas Southern) accounted for 56% of all federal arrests in
2010 (map 1), up from 45% of all arrests in 2006 (not shown).
In 2010, these five districts also accounted for 50% of suspects
investigated by U.S. attorneys, 51% of suspects detained prior
to trial, 36% of defendants in cases terminated in U.S. district
court, 38% of defendants convicted, and 41% of offenders
sentenced to federal prison.

California
Southern
(8,241)
Arizona
(34,085)

New
Mexico
(7,182)

Texas
Western
(21,793)

In 2010, about 9 in 10 defendants in cases adjudicated in U.S.
district court were convicted. Ninety-one percent of felonies
charged in U.S. district court were disposed by a guilty plea. Of
defendants convicted, about 8 in 10 received a prison sentence.
The median federal prison sentence imposed was 30 months.

Texas Southern
(29,917)

Less than 1,500
1,501–3,199

At yearend 2010, about 400,000 offenders were under some
form of federal correctional control: 46% were confined by
the Federal Bureau of Prisons (BOP), 16% were confined in
pretrial detention, 32% were on post-conviction supervision in

3,200–7,499
7,500 or more

Note: Not shown on map: Guam/Northern Mariana Islands (174), Puerto Rico (1,499),
District of Columbia (2,299), and U.S. Virgin Islands (87).
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service,
Prisoner Tracking and Justice Detainee Information Systems, fiscal year 2010.

Table 1
Federally sentenced offenders in confinement or under community supervision, 2005 and 2010
2005
Total
In secure confinement
Pretrial detention
Federal Bureau of Prisons (post-sentencing)*
In the community
Pretrial release supervision
Postsentencing supervision
Supervised release
Probation
Parole

Number
355,932
214,726
52,624
162,102
141,206
29,399
111,807
82,989
26,022
2,796

2010
Percent
100%
60.3%
14.8
45.5
39.7%
8.3
31.4
23.3
7.3
0.8

Number
401,290
248,220
62,530
185,690
153,070
26,516
126,554
101,839
22,685
2,030

Percent
100%
61.9%
15.6
46.3
38.1%
6.6
31.5
25.4
5.7
0.5

Note: Federal offender populations are shown as of September 30, 2005 and 2010.
*Federally sentenced inmates in the custody of the Federal Bureau of Prisons. Counts exclude persons in federal prison for D.C. code offenses, military code offenses, treaty
transfer cases, and as state boarders. Unsentenced federal offenders are included in the pretrial detention counts.
Sources: Bureau of Justice Statistics, based on data from Administrative Office of the U.S. Courts, Office of Probation and Pretrial Services’ Federal Probation and Supervision
Information System; U.S. Marshals Service, Prisoner Tracking and Justice Detainee Information Systems; and Federal Bureau of Prisons, SENTRY data base, fiscal years 2005
and 2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

2

This report describes defendants processed at each stage of the
federal justice system—arrest and booking, investigation and
prosecution, pretrial detention, adjudication and sentencing
in U.S. district court, corrections, and supervision in the
community. Data are from the Federal Justice Statistics
Program (FJSP). The FJSP collects, standardizes, and reports
on administrative data received from six federal justice
agencies: the U.S. Marshals Service, Drug Enforcement
Administration, Administrative Office of the U.S. Courts,
Executive Office for U.S. Attorneys, BOP, and the U.S.
Sentencing Commission.

Arrest and booking
The U.S. Marshal is the primary law enforcement officer for
the U.S. Marshals Service, and each of the 94 federal judicial
districts has one. Deputy U.S. Marshals oversee tasks involved
in taking federal suspects charged with a crime into custody,
including booking, processing, and detention, and other
tasks including court security fugitive operations, prisoner
operations, asset forfeiture, witness protection, and prisoner
transportation.2
2 The

unit of count for federal arrest data reported in this section is a
suspect arrested and booked by the U.S. Marshals Service. The phrase
“suspects arrested and booked by the U.S. Marshals Service” is used to
describe arrests and bookings where each arrest and booking for an
individual suspect occurring in the same year is counted separately.

In 2010, the U.S. Marshals Service arrested and booked
179,489 suspects for a federal offense
The number of suspects arrested and booked for violations
of federal law increased from 144,072 in 2006 to 179,489 in
2010—an average annual increase of 6% per year (table 2). The
number of suspects arrested and booked increased each year
from 1994 to 2009 and declined from 2009 to 2010. In 2009,
181,726 suspects were arrested and booked. The decrease was
due mostly to fewer immigration and drug suspects arrested
and booked in 2010 than in 2009 (not shown).
Immigration offenses comprised nearly half of federal
suspects arrested and booked in 2010
In 2010, the U.S. Marshals Service arrested and booked
82,438 immigration suspects. This was an increase of 35,425
additional immigration suspects arrested and booked
compared to 2006. Immigration offenses comprised 33% of
suspects arrested and booked by the U.S. Marshals Service in
2006 and 46% in 2010. Drug offenses were the second most
common offense among suspects arrested and booked by the
U.S. Marshals Service in 2010, as 28,850 (16%) drug suspects
were arrested and booked. This was down from the 30,229
drug suspects arrested and booked in 2006.

Table 2
Suspects arrested and booked by the U.S. Marshals Service, by offense and federal judicial district at arrest, 2006 and 2010
2006
Total suspects arrested
Offense at arrest
Violent
Property
Fraud
Other
Drug
Public order
Regulatory
Other
Sex offense
Weapons
Immigration
Material witness
Supervision violations
Federal judicial district of arrest
U.S.-Mexico border districts
Arizona
California Southern
New Mexico
Texas Southern
Texas Western
Other districts

2010

Number
144,072

Percent
100%

Number
179,489

3,564
14,949
12,654
2,295
30,229
6,715
362
6,353
2,129
8,846
47,013
6,081
23,762

2.5%
10.4
8.8
1.6
21.1
4.7
0.3
4.4
1.5
6.2
32.8
4.2
16.6
100%
44.8%
9.2
4.0
3.5
12.9
15.2
55.2

3,434
17,897
15,685
2,212
28,850
6,554
266
6,288
3,052
7,921
82,438
4,271
24,344

64,545
13,287
5,697
4,992
18,624
21,945
79,527

101,218
34,085
8,241
7,182
29,917
21,793
78,271

Percent
100%
1.9%
10.0
8.8
1.2
16.1
3.7
0.2
3.5
1.7
4.4
46.1
2.4
13.6
100%
56.4%
19.0
4.6
4.0
16.7
12.1
43.6

Average annual growth
rate, 2006–2010*
5.8%
-0.8%
4.8
5.7
-0.9
-1.1
-0.6
-6.2
-0.2
9.9
-2.7
16.3
-8.1
0.6
12.4%
27.0
9.9
10.9
15.7
0.3
-0.4

Note: Offense percentages based on available data. Data on type of offense were missing for 728 arrests in 2010 and 784 arrests in 2006. Suspects arrested more than once in a
fiscal year are counted as separate arrests. Excludes D.C. Superior Court arrests.
*Calculated using each fiscal year count from 2006 to 2010.
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service, Prisoner Tracking and Justice Detainee Information Systems, fiscal years 2006 and 2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

3

More than half of federal suspects were arrested and
booked in five judicial districts along the U.S.-Mexico
border
In 2010, 101,218 suspects were arrested and booked by the U.S.
Marshals in southwest border districts (California Southern,
Arizona, New Mexico, Texas Western, and Texas Southern),
compared to 78,271 in the remaining 89 districts. The district
of Arizona had 19% of total federal arrests in 2010, followed
by the Southern District of Texas (17%). From 2006 to 2010,
the number of suspects arrested and booked in southwest
border districts increased by an annual average of 12%. In
comparison, the number of suspects arrested and booked in
non-southwest border districts declined by an annual average
of less than 1% (from 79,527 in 2006 to 78,271 in 2010).
Suspects arrested in the federal judicial district of Arizona
increased at the fastest rate from 2006 to 2010
Suspects arrested and booked by the U.S. Marshals service in
the district of Arizona increased by an annual average of 27%,
from 13,287 in 2006 to 34,085 in 2010. The district of Arizona
Figure 2
Suspects arrested and booked by the U.S. Marshals Service for
an immigration offense, 1994–2010
Number of suspects

surpassed the Western District of Texas in having the most
federal arrests in the United States. The district of Arizona was
followed by Texas Southern (16%), the district of New Mexico
(11%), and California Southern (10%) as having the fastest
growing number of federal arrests from 2006 to 2010.
From 2006 to 2010, immigration offense increased at the
fastest rate
Immigration offenses increased by an average of 16% from
2006 to 2010, making it the fastest growing offense among
suspects arrested and booked by the U.S. Marshals Service.
Immigration arrests doubled from 1994 to 1998. Immigration
arrests nearly doubled from 1998 to 2004, and doubled from
2004 to 2008 (figure 2).
From 2006 to 2010, the U.S. Marshals Service arrested and
booked 346,852 immigration suspects. Ninety percent of
immigration suspects over this period were arrested in five
judicial districts along the U.S.-Mexico border (map 2).

Map 2
Suspects arrested and booked by the U.S. Marshals Service for
an immigration offense, by federal judicial district of arrest,
2006–2010

25,000
20,000
15,000
10,000

California
Southern
(14,193)

5,000
0

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

Note: Excludes D.C. Superior Court arrests. Shown in quarterly increments.
Immigration offenses include illegal entry, illegal reentry, alien smuggling, and visa
fraud.
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service,
Prisoner Tracking and Justice Detainee Information Systems, fiscal years 1994–2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

Arizona New
(86,313 Mexico
(23,027)
Texas
Western
(83,903)

Texas Southern
(103,689)
749 or less
750–2,999

3,000–22,999
23,000 or more

Note: Immigration offenses include illegal entry, illegal reentry, alien smuggling, and
visa fraud. A total of 346,852 suspects were arrested and booked for an immigration
offense from fiscal years 2006 to 2010. Not shown on map: Guam/Northern
Mariana Islands (100), Puerto Rico (1,110), District of Columbia (49), and U.S. Virgin
Islands (151).
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service,
Prisoner Tracking and Justice Detainee Information Systems, fiscal years 2006–2010.

4

Sex offenses were the second fastest growing federal
arrest offense from 2006 to 2010
The number of suspects arrested and booked for a sex
offense (e.g., child pornography, sex abuse, and illegal sex
transportation) doubled from 1994 to 1998. Suspects arrested
for sex offenses doubled again from 1998 to 2004 (figure 3).
Sex offenses increased by an annual average of 10%, from 2,129
arrests in 2006 to 3,052 arrests in 2010.
Suspects arrested and booked for a sex offense were relatively
dispersed by federal district of arrest. From 2006 to 2010,
U.S. Marshals Service arrested and booked 13,959 sex offense
suspects. Ten federal districts had more than 300 sex offense
arrests from 2006 to 2010 (map 3). During this period,
California Central (433) had the most sex offense arrests,
followed by Florida Middle (400), the district of Arizona (381)
and Florida Southern (351).
Figure 3
Suspects arrested and booked by the U.S. Marshals Service for
a federal sex offense, 1994–2010
Number of suspects
1,000
800

Map 3
Suspects arrested and booked by the U.S. Marshals Service for
a federal sex offense, by district of arrest,
2006–2010
Montana
(323)

California
Eastern
(332)
California
Central
(433)

South Dakota (313)
Missouri Eastern
(346)

Virginia
Eastern
(317)

Arizona
(381)
Texas
Western
(346)

Florida Middle
(400)

84 or less
85–159

Florida
Southern
(351)

160–299
300 or more

Note: Sex offenses include sex abuse, possession, distribution, and production of
child pornography, and illegal sex transportation. A total of 13,959 suspects were
arrested and booked for a sex offense from fiscal years 2006 to 2010. Not shown on
map: Guam/Northern Mariana Islands (13), Puerto Rico (77), District of Columbia
(107), and U.S. Virgin Islands (10).
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service,
Prisoner Tracking and Justice Detainee Information Systems, fiscal years 2006–2010.

600
400
200
0

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

Note: Excludes D.C. Superior Court arrests. Shown in quarterly increments. sex
offenses include sex abuse, possession, distribution, and production of child
pornography, and illegal sex transportation.
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service,
Prisoner Tracking and Justice Detainee Information Systems, fiscal years 1994–2010.

Recent enforcement initiatives targeting sex offenders
include the Department of Justice’s (DOJ) Project Safe
Childhood, which was initiated in 2006 to address the
expanding use of technology in the sexual exploitation of
children. The program coordinates enforcement activities
among U.S. attorney offices, the Child Exploitation and
Obscenity Section of the Criminal Division in the DOJ,
FBI, Department of Homeland Security, and U.S. Postal
Inspection Services.
The DOJ’s Office of Juvenile Justice and Juvenile
Delinquency Prevention created the Internet Crimes
Against Children (ICAC ) task force program in 1998 to
help state, local, and regional law enforcement agencies
acquire the personnel, knowledge, and equipment to
investigate sexual crimes against minors. The Adam Walsh
Child Protection and Safety Act (AWA) was passed in 2006
and provided the U.S. Marshals Service the mission to
investigate registered sex offenders in violation of the Sex
Offender Registration and Notification Act and to assist
state, local, tribal, and territorial law enforcement with
apprehending sex offenders.
In 2008, the Providing Resources, Officers, and Technology
to Eradicate Cyber Threats to our Children Act of 2008
(PROTECT Our Children Act) required the DOJ to create a
national strategy to combat child exploitation across levels
of government and the private sector.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

5

Supervision violations were the third most common
offense among suspects arrested and booked by the U.S.
Marshals Service in 2010
The U.S. Marshals Service arrested and booked 24,344 suspects
for supervision violations in 2010. Supervision violations
include violations of bail, probation, post-incarceration
supervision, and failure to appear. This represented a 4%
annual average increase since 1994 (12,716). Since 1994, the
sharpest increase in supervision violations occurred from 1998
to 2003 (figure 4). From 2003 to 2010, the number of suspects
arrested and booked for supervision violations remained at
about 6,000 per quarter.
The Administrative Office of the U.S. Courts oversees the
supervision of federal offenders in the community. This
includes persons released prior to trial and persons on
supervision following conviction. U.S. probation and pretrial
offices are located in 93 of the 94 federal judicial districts
and federal pretrial and probation officers monitor the
compliance of offenders placed on supervision conditions
ordered by the court. Violations include commission of a new
Figure 4
Suspects arrested and booked by the U.S. Marshals Service for
a federal supervision violation, 1994–2010
Number of suspects
8,000

federal, state, or local offense or violation of conditions of
supervision, such as prohibiting the offender from possessing
guns or other weapons, possession or use of illegal drugs, and
prohibited contact with victims or witnesses. The court may
order additional conditions depending on the offense and the
offender, such as requiring that a person in the U.S. illegally be
subject to deportation as a condition of release of supervision.
From 2006 to 2010, federal supervision violations comprised
more than a quarter of arrests in five districts (map 4).
Supervision violations made up 3 in 10 arrests in the district
of South Dakota and Illinois Southern from 2006 to 2010. In
the districts of Missouri Western, West Virginia Southern,
and Massachusetts, supervision violations comprised 27% or
more of the total arrests in each district during this period.
Federal supervision of offenders in the community varies from
district to district, including the district’s workload and the
number of officers. Federal districts also vary in land area and
population concentration among various other characteristics
that impact supervision.

Map 4
Suspect arrested for a federal supervision violation as a
percent of the total arrests in a federal judicial district ,
2006–2010
South Dakota (31%) Missouri Western (27%)
Illinois Southern
(31%)

6,000
Massachusetts
(27%)

4,000

West
Virginia
Southern
(27%)

2,000

0

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

Note: Excludes D.C. Superior Court arrests. Shown in quarterly increments.
Supervision violations include violations of bail, probation, post-incarceration
supervision, and failure to appear.
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service,
Prisoner Tracking and Justice Detainee Information Systems, fiscal years 1994–2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

9% or less
10%–19%

20%–26%
27% or more

Note: Not shown on map: Guam/Northern Mariana Islands (17%), Puerto Rico (9%),
District of Columbia (75%), and U.S. Virgin Islands (4%). Supervision violations
include violations of bail, probation, postincarceration supervision, and failure
to appear. A total of 119,053 suspects were arrested and booked for supervision
violations from fiscal years 2006 to 2010.
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service,
Prisoner Tracking and Justice Detainee Information Systems, fiscal years 2006–2010.

6

DHS law enforcement agencies made more than half of
federal arrests in 2010
Agencies of the Department of Homeland Security (DHS)
accounted for 55% of suspects arrested and booked by the
U.S. Marshals Service in 2010 (table 3). DHS agencies include
Customs Border Protection (CBP), Immigration and Customs
Enforcement (ICE), the Secret Service, and others. DOJ
agencies made 41% of suspects arrested and booked by the
U.S. Marshals Service in 2010. DOJ agencies include the FBI,
Drug Enforcement Administration (DEA), Alcohol, Tobacco,
Firearms and Explosives (ATF), the U.S. Marshals Service,
and others.
Arrests made by DHS law enforcement agencies increased
at the fastest rate from 2006 to 2010
Arrests by DHS agencies increased at an average annual rate
of 13% from 2006 to 2010. Arrests made by ICE increased
annually by 17%, and those made by the CBP increased by
13%. Arrests by agencies within the DOJ increased annually by
2% from 2006 to 2010, with the FBI arrests increasing by 4%
and the U.S. Marshals Service arrests increasing by 2%. Arrests
made by ATF declined by 1%.

Differences in the arrest activity of law enforcement agencies
relate to the types of arrest offenses. An increase in the number
of immigration offenses corresponds to growth in the number
of arrests made by the DHS law enforcement agencies that
have exclusive jurisdiction over immigration enforcement.
Similarly, the 3% average decline in the number of weapons
arrests from 2006 to 2010 generally corresponds with the 1%
average decline in the number of arrests made by ATF, which
has primary investigative responsibility over firearm offenses.
Arrests made by Interior, Defense, the Federal Judiciary,
and other agencies declined from 2006 to 2010
In 2010, 2,780 arrests were made by other law enforcement
agencies (including state and local task forces and selfcommitments), down from 10,037 arrests in 2006. Arrests
made by law enforcement agencies within Interior, Defense,
and the Federal Judiciary each declined from 2006 to 2010.
Law enforcement agencies from Agriculture, State, Treasury,
and the U.S. Postal Service each increased over this period.

Table 3
Suspects arrested and booked by the U.S. Marshals Service, by arresting agency, 2006 and 2010
2006
Arresting agency
All agencies
Justice
Alcohol,Tobacco, Firearms, and Explosives
U.S. Marshals Service
Drug Enforcement Administration
Federal Bureau of Investigation
Otherb
Homeland Security
Customs and Border Protection
Immigration and Customs Enforcement
Secret Service
Otherc
Interior
Defense
Agriculture
State
Treasury
Postal Service
Federal Judiciary
Otherd

Number
144,072
67,955
6,399
39,463
12,594
9,466
33
61,160
41,593
17,258
2,309
0
1,292
622
193
346
709
1,102
656
10,037

2010
Percent
100%
47.2%
4.4
27.4
8.7
6.6
-42.5%
28.9
12.0
1.6
-0.9%
0.4%
0.1%
0.2%
0.5%
0.8%
0.5%
7.0%

Number
179,489
73,258
6,070
43,244
12,619
11,118
207
98,112
64,314
31,461
2,117
220
1,030
432
283
417
867
1,342
415
2,780

Percent
100%
40.9%
3.4
24.2
7.1
6.2
0.1
54.8%
35.9
17.6
1.2
0.1
0.6%
0.2%
0.2%
0.2%
0.5%
0.8%
0.2%
1.6%

Average annual growth
rate, 2006–2010a
5.8%
2.0%
-1.3
2.4
0.2
4.2
-13.1%
13.0
16.5
-1.6
--5.1%
-7.4%
11.0%
6.1%
5.8%
5.1%
-10.1%
-20.2%

Note: Excludes D.C. Superior Court arrests. In 2010, 553 records were missing information on arresting agency. In 2006, no records were missing arresting agency information.
aCalculated using each fiscal year from 2006 to 2010.
bIncludes U.S. Parole Commission, U.S. Trustees, and other agencies.
cIncludes citizenship and Immigration Services, Federal Emergency Management Agency, Transportation Security Administration, U.S. Coast Guard and other agencies.
dIncludes self-surrender, independent agencies (Environmental Protection Agency, Federal Drug Administration, Housing and Urban Development), state and local law
enforcement, tasks forces, and other agencies.
-- Less than 0.05%.
Source: Bureau of Justice Statistics, based on data from U.S. Marshals Service Prisoner Tracking and Justice Detainee Information Systems, fiscal years 2006 and 2010.

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Patterns in DEA drug arrests
In 2010, the number of drug arrests by the DEA
increased to its highest level since 2001
Based on data from the Drug Enforcement Administration
(DEA), there were 31,169 arrests for drug offenses in 2010.3
The number of drug arrests by the DEA increased over the
1990s to a peak of 38,886 arrests in 1999, followed by a
decline to 26,850 in 2003 and an increase to 29,886 in 2005
(not shown).
Marijuana arrests by the DEA increased at the fastest annual
average rate from 2002 to 2010 (6%), followed by opiates
(3%) (figure 5). The number of DEA arrests for marijuana
coincided with the number of arrests for methamphetamine
until 2007, when the number of marijuana arrests increased
at a faster rate through 2010.

Cocaine was the most common drug type involved in
arrests by the DEA in 2010
Suspects arrested for offenses involving cocaine powder
(8,134) and crack cocaine (2,620) accounted for 35% of all
suspects arrested by the DEA in 2010 (table 4). Twenty-six
percent of suspects were arrested for offenses involving
3 The unit of count for the federal drug arrest data received from

the Drug Enforcement Administration reported in this section is
a suspect arrested by the Drug Enforcement Administration. The
phrase “suspects arrested by the DEA” is used to describe arrests
where each arrest for an individual suspect is counted separately.
Individual suspects can be arrested and booked by the DEA more
than once in a year. The DEA data do not distinguish between arrests
which are referred for state versus federal prosecution.

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cocaine powder, and 8% were arrested for crack cocaine.
The remaining suspects arrested by the DEA in 2010 were
for marijuana (8,117), methamphetamine (5,460), opiates
(3,001), and other or nondrug offenses (3,837). Marijuana
was the second most common drug at arrest by the DEA
from 2006 to 2010, compared to methamphetamine from
1998 to 2005.

Figure 5
Suspects arrested by the Drug Enforcement
Administration, by drug type, 1994–2010
Number of suspects
12,000
10,000
Powder cocaine

8,000

Marijuana

6,000
4,000
2,000
0

Methamphetamine
Opiates

Crack cocaine

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

Source: Bureau of Justice Statistics, based on data from Drug Enforcement
Administration, Defendant Statistical System, fiscal years 1994–2010.

Continued on next page.

8

Patterns in DEA drug arrests (continued)
Table 4
Characteristics of suspects arrested by the Drug Enforcement Administration, by type of drug, 2010
Drug type
Characteristics
Number of arresteesb
Sex
Male
Female
Race/Hispanic origin
Whitec
Black/African Americanc
Hispanic/Latino
American Indian/Alaska Nativec
Asian/Native Hawaiian/Other Pacific Islanderc
Age
17 or younger
18–20
21–24
25–34
35–44
45–54
55–64
65 or older
Median aged

Total arrested
Number Percent
31,169
100%

Cocaine
powder
8,134

Crack
cocaine
2,620

Marijuana Methamphetamine Opiates
8,117
5,460
3,001

Other or
nondruga
3,837

26,508
4,609

85.2%
14.8

88.8%
11.2

86.5%
13.5

88.8%
11.2

80.3%
19.7

84.3%
15.7

76.6%
23.4

7,636
7,018
14,814
145
590

25.3%
23.2
49.1
0.5
2.0

13.8%
25.4
60.2
0.2
0.4

8.3%
80.4
10.7
0.2
0.4

24.4%
16.2
55.3
0.9
3.1

36.4%
2.4
58.6
0.6
2.0

18.9%
29.2
57.6
-0.3

53.6%
19.5
21.3
0.5
5.3

53
0.2%
1,989
6.4
4,286
13.8
12,523
40.4
7,634
24.6
3,290
10.6
1,040
3.4
203
0.7
32 yrs.

0.1%
4.2
12.2
41.9
27.9
10.1
2.9
0.6
32 yrs.

0.2%
5.7
14.6
45.0
22.1
9.2
2.8
0.4
31 yrs.

0.2%
9.4
15.2
38.1
22.6
10.4
3.5
0.7
31 yrs.

0.1%
4.7
12.0
41.9
27.1
11.2
2.6
0.4
32 yrs.

0.4%
8.0
15.8
38.7
22.7
10.3
3.7
0.5
31 yrs.

0.1%
6.4
14.9
37.9
21.5
12.6
5.2
1.4
31 yrs.

Note: Data were missing for the following: sex (52), race/Hispanic origin (966), and age (151).
--Less than 0.05%.
aIncludes pharmaceutical controlled substances, equipment used to manufacture controlled substances, and drug use paraphernalia.
bIncludes suspects for whom characteristics are not known.
cExcludes persons of Hispanic or Latino origin.
dMedian age is the midpoint or the age at which half of the suspects were older than the median age and half were younger than the median age.
Source: Bureau of Justice Statistics, based on data from Drug Enforcement Administration, Defendant Statistical System, fiscal year 2010.

Continued on next page.

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9

Patterns in DEA drug arrests (continued)
Hispanic suspects comprised nearly half (49%) of
suspects arrested by the DEA in 2010
In 2010, about half (49%) of suspects arrested by the DEA
were of Hispanic origin, followed by white (25%) and black
(23%) suspects. Hispanic suspects were involved in 6 in 10
arrests for cocaine powder (60%) and methamphetamine
(59%), and over half of arrests for marijuana (55%) offenses.
Over three-quarters (80%) of crack cocaine suspects were
black, and over half of other or nondrug suspects were
white (54%).

Most suspects arrested by the DEA in 2010 were male
Eighty-five percent of suspects arrested by the DEA were
male. Females accounted for 15% of all DEA drug arrests and
20% of all methamphetamine arrests. Half of all suspects
arrested by the DEA were age 32 or younger, and the
median age was similar across all drug types. Four percent
of arrests by the DEA were of suspects over age 55.

In 2010, most females arrested by the DEA were white,
while most males were Hispanic
For both males and females, the Hispanic proportion of DEA
arrests dropped in the early 1990s and has increased since
then. Among females arrested by the DEA in 2010, 42%
were white, 36% were Hispanic, and 18% were black. White
females almost always had the greatest share of female DEA
arrests. The percentage of black female arrests by the DEA
increased from 25% in 1994 to 31% in 1995, and declined to
18% in 2010 (figure 6).

Among males arrested by the DEA in 2010, over half
were Hispanic
For the first time since 1994, Hispanics comprised the
majority (51%) of male arrests by the DEA in 2010. This
represented a gradual growth in the Hispanic share of
male arrests (up from 40% in 2000). Black males comprised
24% of arrests of males by the DEA in 2010, and whites
comprised 23% of males arrested (figure 7).

Figure 6
Females arrested by the DEA, by race and Hispanic origin,
1994–2010
Percent of females arrested
60
50

White*

40

Hispanic

30
20

Black*

10
0

American Indian*

Asian*

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

*Excludes persons of Hispanic or Latino origin.
Source: Bureau of Justice Statistics, based on data from Drug Enforcement
Administration Defendant Statistical System, fiscal years 1994–2010.

Figure 7
Males arrested by the DEA, by race and Hispanic origin,
1994–2010
Percent of males arrested
60
50
Hispanic
40
30

Black*

20

White*

10
0

American Indian*

Asian*

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

*Excludes persons of Hispanic or Latino origin.
Source: Bureau of Justice Statistics, based on data from Drug Enforcement
Administration, Defendant Statistical System, fiscal years 1994–2010.

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10

Prosecution
The 93 U.S. attorneys serve as the chief federal law
enforcement officers within their respective districts.4 In 2010,
there were 94 headquarter offices and 138 staffed branch offices
in the U.S. attorney system. The U.S. attorney, with help from
assistant U.S. attorneys and support personnel, are responsible
for most of the federal criminal prosecution conducted each
year. In 2010, there were 6,075 full time equivalent (FTE)
attorneys and 5,799 FTE support staff (U.S. Attorneys’ Annual
Statistical Report, Fiscal Year 2010, available at http://www.
justice.gov/usao/reading_room/reports/asr2010/10statrpt.
pdf). Investigations are most commonly referred to a U.S.
attorney by a federal law enforcement agency. State and
local law enforcement agencies are also sources of criminal
referrals to U.S. attorney’s offices in their district. U.S. attorneys
determine which cases they will prosecute and establish
policies and priorities within their federal judicial districts.
U.S. attorneys take into account a variety of factors such as
DOJ priorities, available resources, state and local priorities,
and law enforcement priorities. The national priorities for
U.S. attorneys in 2010 included the disruption and prevention
of terrorism, drug trafficking, firearms enforcement,
corporate fraud, civil rights, crimes against children, and
official corruption.
Federal legislation influences the work of federal prosecutors,
especially the agencies from which they receive referrals. The
Homeland Security Act of 2002 transferred the U.S. Customs
Service and the Secret Service from the U.S. Department
of Treasury (Treasury) to DHS. Responsibility for the
Immigration and Naturalization Service transferred from the
DOJ to DHS, and the ATF transferred from the Treasury to
the DOJ.
From 2006 to 2010, criminal referrals to U.S. attorneys
increased the fastest in southwest border districts
Between 2006 and 2010, the number of matters concluded by
U.S. attorneys increased from 141,130 to 193,021—an annual
average percent increase of 9%. The percent change in the
number of matters referred to U.S. attorneys from 2005 to
2010 averaged more than 45% per year in nine federal judicial
districts (map 5). In addition to the five Southwest border
4One

U.S. attorney serves two districts (Guam and Northern Marianas
Islands). This report combines Northern Mariana Islands with Guam for
statistical reporting.

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Map 5
Average annual percentage change in the number of matters
referred to U.S. attorneys, 2006–2010
Wyoming (up 100%)

Iowa Northern (up 111%)

Arizona (up 114%)
New Mexico (up 126%)
Texas
Western
(up 189%)

Georgia
Middle
(down 45%)

North
Carolina
Western
(down 42%)

-45% to -20%
-19.9% to -1%
1% to 19.9%
20% to 45%
46% and more
Note: Not shown on map: Guam/Northern Mariana Islands 37%), Puerto Rico (25%
to 45%), District of Columbia (-3%), and U.S. Virgin Islands (-5%). The average annual
growth rate is the sum of the year-to-year percentage change divided by four.
Source: Bureau of Justice Statistics, based on data from Executive Office for U.S.
Attorneys, National LIONS database, fiscal years 2006–2010.

districts (California Southern, Arizona, New Mexico, Texas
Western and Texas Southern), the districts of Iowa Northern,
Wyoming, Missouri Western, and Tennessee Middle, each
experienced an average annual increase in referrals of more
than 45%. The Western District of North Carolina and the
Middle District of Georgia experienced declines in the average
annual percent change of referrals by more than 40%.
The reasons for changes in the number of referrals between
2006 and 2010 varied by district, with the exception of districts
along the U.S.-Mexico border. The number of districts along
the U.S.-Mexico border increased due to greater immigration
enforcement (not shown). The growth in Montana was due
to an increase in referrals from the National Park Service for
regulatory offenses in national parks. The growth in Iowa
Northern was due to a 1-year (2008) spike in immigration
referrals. In North Carolina Western, the decline in referrals
was mostly due to fewer weapons and drug referrals from 2006
to 2010. In Georgia Middle, the decline in referrals was mostly
due to fewer drug trafficking referrals from 2006 to 2010.

11

In 2010, 54% of suspects in matters concluded by U.S.
attorneys had been referred by the Department of
Homeland Security

Matters concluded in five federal judicial districts along the
U.S.-Mexico border increased by 25% from 2006 to 2010

Eight years after the reorganization of federal law enforcement
agencies under the Homeland Security Act of 2002 (Public Law
107-296), DHS agencies referred 54% of all matters concluded
by U.S. attorneys in 2010, up from 36% of matters concluded
by U.S. attorneys in 2006 (table 5). Law enforcement agencies
within the DOJ referred 30% of suspects in matters concluded
by U.S. attorneys in 2010, compared to 42% of referrals in 2006
and 57% referrals in 2001. Suspects in matters concluded by
U.S. attorneys referred by the Treasury comprised 1% of the all
matters concluded in 2010, down from 2% in 2006 and 20%
in 2002.
Immigration and drug charges made up two-thirds of all
matters concluded by U.S. attorneys in 2010
U.S. attorneys concluded 193,021 matters in 2010 (table 6).
Forty-five percent of matters concluded by U.S. attorneys
in 2010 involved an immigration offense, and 20% involved
a drug charge. Overall, the number of matters concluded
increased by an annual average of 9% from 2006 to 2010.
Among matters concluded by U.S. attorneys during this period,
immigration (30%) and sex offenses (9%) increased at the
fastest annual rate. The number of weapon offenses decreased
by an annual average of 4%, from 12,887 matters concluded in
2006 to 11,040 in 2010.

Half (50%) of matters concluded by U.S. attorneys in 2010
occurred in the five federal judicial districts of California
Southern, Arizona, New Mexico, Texas Western and Texas
Southern. In comparison, these districts handled about a third
(31%) of matters concluded in 2006. The number of matters
concluded by U.S. attorneys in all other districts decreased
slightly, from 97,202 matters in 2006 to 96,924 matters in 2010.
Table 5
Suspects in matters concluded by U.S. attorneys, by referring
authority, 2001, 2006, and 2010
Department or authority
Total
Justice
Homeland Security
Treasury
Interior
Defense
Federal/state task forces
Other*
Number of matters concluded

2001
100%
56.6%
…
20.2
4.2
3.3
3.2
12.5
118,321

2006
100%
41.9%
35.8
1.7
1.6
4.1
2.9
12.0
141,130

2010
100%
29.5%
53.8
1.4
1.4
3.4
1.9
8.6
193,021

*Includes U.S. Postal Service, Department of Health and Human Services,
Department of Agriculture, Department of Labor, and State Department.
…Not available, as Homeland Security transition was effective mid-fiscal year 2003
(March).
Source: Bureau of Justice Statistics, based on data from Executive Office for U.S.
Attorneys, National LIONS database, fiscal years 2001, 2006, and 2010.

Table 6
Suspects in matters concluded by U.S. attorneys, by offense type, 2006 and 2010
2006
Total
Lead chargeb
Violent
Property
Fraud
Other
Drug
Public order
Regulatory
Other
Sex offense
Weapons
Immigration
U.S.-Mexico border districtc
Yes
No

2010
Percent
100%

Average annual growth
rate, 2006–2010a
8.6%

Number
141,130

Percent
100%

Number
193,021

4,710
25,718
23,067
2,651
38,499
18,490
4,769
13,721
3,537
12,887
36,226

3.4%
18.4
16.5
1.9
27.5
13.2
3.4
9.8
2.5
9.2
25.9

4,567
28,839
26,656
2,183
37,417
19,727
5,235
14,492
4,862
11,040
85,545

2.4%
15.0
13.9
1.1
19.5
10.3
2.7
7.6
2.5
5.8
44.6

-0.7%
3.0
3.8
-4.7
-0.7
1.7
2.5
1.4
8.6
-3.8
30.3

43,928
97,202

31.1%
68.9

96,097
96,924

49.8%
50.2

25.3%
-0.1

aCalculated using each fiscal year count from 2006 through 2010. Percentages are based on records with non-missing offense information (1,063 records were missing offense

information in 2006, and 1,024 records were missing offense information in 2010).
bThe substantive charge that is the primary basis of the matter.
cIncludes the following federal judicial districts: California Southern, Arizona, New Mexico, Texas Western, and Texas Southern.
Source: Bureau of Justice Statistics, based on data from Executive Office for U.S. Attorneys, National LIONS database, fiscal years 2006 and 2010.

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12

Almost half of suspects in matters concluded in 2010 were
prosecuted by U.S. attorneys
Matters involving drug and weapons offenses were the most
likely to be prosecuted in 2010. Suspects charged with drug
(75%) and weapons (69%) offenses had the highest prosecution
rates in 2010, followed by sex (57%), violent (56%), property
(50%), and public order (40%) offenses (table 7).
U.S. attorneys may file charges and prosecute defendants in
U.S. district court, or they may file charges and prosecute
matters before U.S. magistrates, who have the authority to
adjudicate misdemeanor offenses (18 U.S.C. § 3401). With
the exception of misdemeanor offenses and when a suspect
waives their right to a grand jury indictment, the U.S. attorney
presents evidence to a grand jury. The grand jury deliberates
and decides whether the suspect should be indicted or charged
for committing a crime. If the grand jury returns with an
indictment, the U.S. attorney will file criminal charges in U.S.
district court.
More than a third of federal matters concluded in 2010
were disposed by U.S. magistrates
Thirty-six percent of matters concluded by U.S. attorneys
in 2010 were disposed by U.S. magistrates, while 49% were
handled in U.S. districts courts and 16% were declined

for further prosecution. U.S. magistrates disposed 64% of
immigration matters, 26% of public order matters, and 15%
of fraud matters concluded. In the five U.S.-Mexico border
districts, more than half (61%) of matters concluded by U.S.
attorneys were disposed by U.S. magistrates, compared to 10%
of matters in other districts. Suspects involved in regulatory
offenses were most likely to be declined for prosecution (47%),
followed by property (36%), violent (34%), and public order
(34%) offenses. The U.S. attorney may decline to file charges
for reasons such as weak or insufficient evidence, a lack of
criminal intent, minimal federal interest, or a lack of resources.
Matters that are declined may be referred to other authorities
for prosecution or may be settled through alternative
resolution procedures.
The median time to conclude a matter (from receipt to U.S.
attorneys’ decision) was 19 days
The median days from receipt of a matter to the decision by
U.S. attorneys to either prosecute, dispose by U.S. magistrate,
or decline was 19 days for all matters concluded in 2010. The
median case processing time varied by type of offense with
fraud (222 days) and regulatory (214 days) offenses taking the
longest to reach a resolution. The median case processing time
for immigration (2 days) and drug (29 days) offenses took the
shortest time to reach a resolution.

Table 7
Outcome and case processing time of suspects in matters concluded, 2010
Outcome of matters concluded

Total
Lead charge
Violent
Property
Fraud
Other
Drug
Public order
Regulatory
Other
Sex offense
Weapons
Immigration
U.S.-Mexico border district
Yes
No

Total matters concluded
Number
Percent
193,021
100%

Disposed by
Prosecuted U.S. magistrate
48.5%
35.7%

Case processing time (median)*

Declined
15.8%

Total
19 days

Prosecuted
24 days

Disposed by
U.S. magistrate
0 days

Declined
444 days

4,567
28,839
26,656
2,183
37,417
19,727
5,235
14,492
4,862
11,040
85,545

100%
100
100
100
100
100
100
100
100
100
100

56.3%
49.8
49.6
52.0
75.1
39.9
39.8
39.9
57.0
68.9
34.8

9.8%
14.7
15.0
11.5
8.4
26.2
13.4
30.9
3.8
3.0
64.3

33.9%
35.5
35.4
36.5
16.5
33.9
46.8
29.2
39.2
28.1
0.9

51 days
217
222
155
29
106
214
80
140
47
2

24 days
89
95
41
25
26
60
16
62
27
21

96 days
17
15
122
31
73
108
70
76
58
0

302 days
537
537
520
511
450
464
437
338
253
316

96,097
96,924

100%
100

35.7%
61.0

61.2%
10.4

3.1%
28.6

83 days
4

23 days
28

0 days
88

433 days
445

Note: There were 1,024 matters that were missing offense type. Southwest border districts include the following federal judicial districts: California Southern, Arizona, New
Mexico, Texas Western, and Texas Southern.
*Median days from receipt of matter to outcome is the midpoint number or the number of days for which half of the suspects were processed more slowly than the median
days and half were processed more quickly.
Source: Bureau of Justice Statistics, based on data from Executive Office for U.S. Attorneys, National LIONS database, fiscal year 2010.

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13

Matters prosecuted in 2010 took a median of 24 days to
process (from receipt of matter to U.S. attorneys’ decision)
Among offenses prosecuted in 2010, fraud offenses took
the longest (a median of 95 days) to reach the prosecution
decision. Immigration (21 days) and other public order
(16 days) offenses received a prosecution decision in the
shortest time.
In 2010, the median case time was longest for matters that
were declined
Matters that were declined for prosecution took a median
444 days, compared with matters that were prosecuted
(24 days) and matters that were disposed by U.S. magistrate
(0 days). A median of 0 days means that at least half of the
matters were disposed by U.S. magistrates on the same day
they were opened. Among those that were declined in 2010,
property (537 days) and drug (511 days) matters took the
longest time to reach declination. Matters that were declined in
2010 in U.S.-Mexico border districts (433 days) took a similar
duration other districts (445 days).
Case processing time decreased from over 3 months in
1994 to about 3 weeks in 2010
The median time from the receipt of a matter by a U.S.
attorney’s office to a decision to prosecute, decline, or dispose
by U.S. magistrate was 19 days in 2010. This was a decrease
from 90 days in 1994. In 2010, the median processing time
took far longer for matters that were declined (median of 444
days) than for matters prosecuted (24 days) or disposed by
a U.S. magistrate (0 days). The median case processing time
for matters prosecuted remained relatively stable, declining
slightly from 26 days in 1994 to 24 days in 2010 (figure 8).
The case processing time for a matter disposed by magistrate
increased from 28 days in 1994 to 66 days in 2002, before
dropping sharply to a median of 0 days in 2010. A median of
0 days means that at least half of the matters were concluded
on the same day they were opened.

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The drop in the total case processing time was due in part to
a steady decrease in the number of matters declined, and an
increase in the number of immigration matters disposed by
U.S. magistrate beginning in 2004. In addition, the increase
in immigration enforcement along the U.S.-Mexico border
was accompanied by a strategy to expedite case processing by
charging first-time illegal entrants with a petty misdemeanor
offense. As a result, the average case processing time decreased.
Five investigative agencies referred 77% of matters
concluded in 2010
Seventy-seven percent (149,392) of the 193,021 matters
concluded U.S. attorneys in 2010 were referred by five
investigative agencies (table 8). The top two agencies were
from DHS: CBP (73,488) and ICE (23,653). The other three
were from DOJ agencies: FBI (23,132), DEA (17,682), and
ATF (11,437).
Figure 8
Median days from receipt of matter to disposition, 1994–2010
Median days
500
Declination

400
300
200
100
0

Total

Disposal by magistrate
Prosecution

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

Note: Median days from receipt of matter to outcome is the midpoint or the number
of days for which half of the suspects were processed more slowly than the median
days and half were processed more quickly. A median of zero means that half of the
suspects were processed on the same day as they were referred.
Source: Bureau of Justice Statistics, based on data from Executive Office for U.S.
Attorneys, National LIONS database, fiscal years 1994–2010.

14

Among these five agencies, prosecution rates in 2010 varied
from a high of 80% for suspects referred by ICE and 78% for
UCIS, followed by 77% for suspects referred by DEA and 70%
for suspects referred by ATF. Twenty-four percent of suspects
referred by CBP were prosecuted in U.S. district courts,
and 76% of suspects were disposed by U.S. magistrates. The

FBI had a prosecution rate of 56%, and 5% of suspects were
disposed by U.S. magistrate. These five agencies differed in the
days from receipt of matter to the decision to prosecute. The
FBI had an 8-week median case processing time, compared to
3 to 4 weeks for the other four agencies.

Table 8
Outcomes of suspects in matters concluded by Department of Homeland Security and Department of Justice, 2010

Investigating department/agency
All agencies
Department of Homeland Security
Customs and Border Protection
Immigration and Customs Enforcement
Citizenship and Immigration Services
Secret Service
Joint DHS/state/local task forces
Otherb
Department of Justice
Alcohol, Tobacco, Firearms, & Exposives
Joint ATF/state/local task forces
U.S. Marshals Service
Joint USMS/state/local task forces
Drug Enforcement Administration
Joint DEA/state/local task forces
Federal Bureau of Investigation
Joint FBI/state/local task forces
Otherc

Total suspects in
matters concluded
Number
Percent
193,021
100%
103,891
100%
73,488
100
23,653
100
1,808
100
4,586
100
233
100
123
100
59,125
100%
11,437
100
1,304
100
2,100
100
82
100
17,682
100
1,330
100
23,132
100
1,053
100
1,005
100

Outcome of matters concluded
Disposed by
Prosecuted U.S. magistrate Declined
48.4%
35.7%
15.9%
39.0%
56.8%
4.2%
23.8
76.0
0.3
79.8
11.2
9.0
78.2
16.7
5.1
57.2
4.8
38.1
45.9
3.4
50.6
52.8
3.3
43.9
64.7%
5.5%
29.8%
70.0
2.9
27.1
66.7
1.9
31.4
41.2
12.4
46.4
43.9
13.4
42.7
77.0
7.2
15.9
75.4
4.8
19.8
55.6
5.2
39.3
58.0
2.8
39.2
39.5
7.4
53.1

Number of
suspects
prosecuted
93,494
40,551
17,473
18,871
1,413
2,622
107
65
38,247
8,001
870
865
36
13,608
1,003
12,856
611
397

Median time to
prosecutiona
24 days
22 days
22
21
24
62
85
142
29 days
30
45
22
16
24
26
54
77
14

Note: Agency of referral information missing for 101 records.
a Median days from receipt of matter to prosecution is the midpoint or the number of days for which half of the suspects were prosecuted more slowly than the
median days and half were prosecuted more quickly. A median of zero means that half of the suspects were prosecuted on the same day as they were referred.
bIncludes Federal Emergency Management Agency, Transportation Security Administration, U.S. Coast Guard and other agencies.
cIncludes: U.S. Parole Commission, U.S. Trustees, and other agencies.
Source: Bureau of Justice Statistics, based on data from Executive Office for U.S. Attorneys, National LIONS database, fiscal year.

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Pretrial detention, adjudication, and sentencing
The terms for release and detention of defendants facing
charges in federal courts are set under Title 18 U.S.C. § 3141.
According to the statute, a defendant must be brought before
a judicial officer without unnecessary delay upon arrest
for an initial appearance. The judicial officer, usually a U.S.
magistrate, determines whether the defendant will be released
or detained prior to trial. The Bail Reform Act of 1984 requires
the court to weigh risk of flight, threat of crime commission,
and presumption of innocence in deciding whether to
order detention or release of a defendant. According to the
act, preventive detention is applicable in instances where
the defendant was charged with (1) a crime of violence,
(2) an offense with a statutory maximum sentence of life
imprisonment or death, (3) a drug offense with a statutory
maximum sentence of 10 years or more imprisonment, or (4)
any felony offense if the defendant had been convicted on two
or more occasions of a previously described offense or a similar
state-level offense.
Immigration defendants were most likely to be detained
prior to case disposition
In 2010, more than 3 in 4 defendants (76%) in cases terminated
had been detained by the court prior to case disposition
(table 9). The defendants most likely to be detained were those
charged with immigration (88%), violent (86%), weapons
(86%), and drug (84%) offenses. Immigration defendants
comprised 39% of all defendants in cases terminated in 2010
and 45% of all defendants detained prior to case disposition.
Property (41%) and public order (43%) defendants were less
likely than other defendants to be detained. In comparison,
72% of defendants charged with a sex offense were detained
prior to case disposition.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

Table 9
Defendants detained at any time prior to case termination, 2010

Total
Offense type
Violent
Property
Fraud
Other
Drug offenses
Public order
Regulatory
Other
Sex offenses
Weapons
Immigration
Number of prior convictions
None
1
2–4
5 or more
Type of prior convictions
Misdemeanor only
Felony other
Felony drug
Felony violent
U.S.-Mexico border district
Yes
No

Number of total
defendants
100,622

Defendants detained
Number Percent
76,589
76.1%

2,387
15,257
12,829
2,428
27,555
5,448
1,325
4,123
2,802
7,176
39,001

2,054
6,279
5,477
802
23,232
2,332
552
1,780
2,014
6,142
34,127

86.1%
41.2
42.7
33.0
84.3
42.8
41.7
43.2
71.9
85.6
87.5

40,094
15,787
24,561
20,167

26,769
12,292
20,022
17,496

66.8%
77.9
81.5
86.8

18,727
10,105
15,018
16,665

14,117
8,005
12,890
14,798

75.4%
79.2
85.8
88.8

46,781
53,841

38,930
37,659

83.2%
69.9

Note: Detained defendants included defendants who were detained at any time
prior to case termination. There were 996 records missing offense type and 13
records missing prior conviction information. Prior felony convictions were classified
where prior violent felonies were counted first, followed by prior drug felonies and
prior other felonies. The database does not contain additional details about prior
felonies for other offenses.
Source: Bureau of Justice Statistics, based on data from Administrative Office of
the U.S. Courts, Probation and Pretrial Services Automated Case Processing System
(PACTS), fiscal year 2010.

16

The likelihood of being detained prior to case disposition
increased with the number of prior convictions

More than half of defendants charged in U.S. district
courts in 2010 were of Hispanic origin

Eighty-seven percent of defendants with five or more prior
convictions were detained, compared to 82% of defendants
with two to four prior convictions and 78% with one prior
conviction. Defendants with no prior convictions (67%) were
the least likely to be detained. The likelihood of being detained
also increased with the severity of the defendant’s criminal
history. Eighty-nine percent of defendants with a prior violent
felony conviction were detained by the court, compared to
defendants with only prior nonviolent and nondrug felony
(79%) or misdemeanor (75%) convictions. Eighty-three
percent of defendants charged in districts along the U.S.Mexico border were detained prior to case disposition in 2010,
while the detention rates in other districts averaged 70%.

In 2010, most defendants charged in U.S. district court
were Hispanic (57%), male (86%), and ages 30 to 34 (19%)
(table 10). Defendants age 50 or older comprised 12% of
defendants charged. The youngest (age 19 or younger) and
oldest defendants (age 65 or older) together comprised 3% of
defendants charged in 2010.

Immigration offenses nearly equaled the number of drug
cases filed in U.S. district court in 2010

30,000

Immigration offenses increased from 2,453 cases filed in
1994, to 29,016 in 2010—nearly equaling the number of drug
offenses in cases filed in 2010 (29,493). Immigration offenses
accounted for 70% of the total increase among all felony
cases filed from 1994 to 2010 (figure 9). After increasing
from 21,871 cases filed in 1994 to 32,897 cases filed in 2003,
drug offenses declined to 29,493 in 2010. Weapons offenses
increased from 3,557 cases filed in 1994 to a peak of 10,278 in
2004. Since 2004, the number of weapons cases filed in U.S.
district court declined to 7,989 in 2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

Figure 9
Defendants in cases filed in U.S. district court, by most serious
offense, 1994–2010
Number of defendants
35,000

25,000
20,000

Drugs

Immigration
All other*

15,000
10,000
5,000
0

Fraud
Weapons
Sex
'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

*Includes violent, other property, and public order offenses.
Source: Bureau of Justice Statistics, based on data from Administrative Office of the
U.S. Courts, criminal master file, fiscal years 1994–2010.

17

Table 10
Demographic characteristics of federal defendants charged in U.S. district court, by sex, 2010
Defendant characteristic
Total
Race/Hispanic origin
White*
Black/African American*
Hispanic/Latino
American Indian/Alaska Native*
Asian/Native Hawaiian/Other Pacific Islander*
Other*
Age
17 or younger
18–19
20–24
25–29
30–34
35–39
40-44
45-49
50–54
55–59
60–64
65 or older
Median age
Citizenship
U.S. citizen
Legal alien
Illegal alien
Country of citizenship
North America
United States
Mexico
Canada
Caribbean
Central America
South America
Asia and Oceania
Europe
Africa

All defendents
Number
Percent
80,638
100%

Male

Female

Number
69,662

Percent
100%

Number
10,897

Percent
100%

17,021
14,201
45,333
1,217
1,138
255

21.5%
17.9
57.3
1.5
1.4
0.3

13,556
12,056
40,823
965
865
221

19.8%
17.6
59.6
1.4
1.3
0.3

3,457
2,135
4,467
252
273
33

32.6%
20.1
42.1
2.4
2.6
0.3

78
955
10,401
14,809
15,498
12,658
9,602
6,813
4,415
2,642
1,525
1,172
34 yrs.

0.1%
1.2
12.9
18.4
19.2
15.7
11.9
8.5
5.5
3.3
1.9
1.5
~

74
817
8,914
12,963
13,680
11,090
8,219
5,748
3,681
2,166
1,256
999
34 yrs.

0.1%
1.2
12.8
18.6
19.7
15.9
11.8
8.3
5.3
3.1
1.8
1.4
~

4
137
1,476
1,831
1,799
1,562
1,375
1,061
731
474
269
173
35 yrs.

-1.3%
13.6
16.8
16.5
14.3
12.6
9.7
6.7
4.4
2.5
1.6
~

42,443
3,532
33,458

53.4%
4.5
42.1

34,252
2,981
31,411

49.9%
4.3
45.8

8,163
548
2,014

76.1%
5.1
18.8

76,015
42,443
28,295
181
1,778
3,318
846
569
363
280

97.4%
54.4
36.2
0.2
2.3
4.3
1.1
0.7
0.5
0.4

65,566
34,252
26,487
159
1,587
3,099
691
491
302
246

97.5%
50.9
39.4
0.2
2.4
4.6
1.0
0.7
0.5
0.4

10,365
8,163
1,784
21
190
211
154
78
61
34

96.9%
76.3
16.7
0.2
1.8
2.0
1.4
0.7
0.6
0.3

Note: Includes defendants charged with a felony or Class A misdemeanor offense as the most serious charge. Data were missing for the following: sex (79), race/Hispanic
origin (1,473), age (73), citizenship (1,205), and nationality (2,585).
*Excludes persons of Hispanic or Latino origin.
-- Less than 0.05%.
~ Not applicable.
Source: Bureau of Justice Statistics, based on data from Administrative Office of the U.S. Courts, Probation and Pretrial Services Automated Case Tracking System (PACTS),
fiscal year 2010.

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18

Males made up most (86%) of defendants charged in U.S.
district court in 2010

In 2010, 9 in 10 defendants adjudicated in U.S. district
court were convicted

Males comprised 86% of defendants charged in federal court
in 2010. Most males charged were of Hispanic origin (60%),
followed by white (20%) and black or African American (18%).
In comparison, most females charged were of Hispanic origin
(42%), followed by white (33%) and black or African American
(20%). The median age for males (34 years) was similar to
females (35 years). Females charged were mostly U.S. citizens
(76%), with 5% having legal alien status and 19% having illegal
alien status.

Of the 98,489 defendants adjudicated in 2010, 91% (89,902)
were convicted (table 11). Almost all immigration violation
defendants (97%) in 2010 were convicted, as were most
defendants with weapons (92%) and drug (93%) violations. Of
the 89,902 of adjudicated defendants convicted in 2010, most
(97%) were convicted following a guilty plea.

Non-U.S. citizens comprised nearly half (47%) of
defendants charged in U.S. district court in 2010

Figure 10
Country of citizenship of offenders charged in U.S. district
court, 2010
Country of citizenship

In 2010, 47% of defendants charged in U.S. district courts were
non-U.S. citizens, while 53% were U.S. citizens. Noncitizens
charged included persons with legal status (5%) (i.e.,
permanent residents, persons in possession of a green card,
persons with a valid temporary visa, and persons with refugee
status) and persons in the country without legal authorization
(42%). Thirty-six percent of defendants charged in U.S. district
court were from Mexico, followed by persons from Central
America (4%), the Caribbean (2%), and South America (1%)
(figure 10). Defendants from Asia and Oceania, Europe, and
Africa together represented 1% of defendants charged in U.S.
district court.

USA
Mexico
Canada
Caribbean
Central America
South America
Asia and Oceania
Europe
Africa
0

10

20

30
Percent

40

50

60

Note: Includes defendants charged with a felony or Class A misdemeanor offense as
the most serious charge.
Source: Bureau of Justice Statistics, based on data from Administrative Office of
the U.S. Courts, Probation and Pretrial Services Automated Case Tracking System
(PACTS), fiscal year 2010.

Table 11
Disposition and case processing time of defendants in cases terminated in U.S. district court, 2010
Most serious offense at termination
All offenses
Type of charge
Felonies
Violent
Property
Fraud
Other
Drug
Public order
Regulatory
Other
Sex offense
Weapons
Immigration
Misdemeanors
U.S.-Mexico border district
Yes
No
Median days from filing to disposition

Total cases terminated
Number
Percent
98,489
100%

Total
91.3%

Percent convicted
Guilty plea Bench/jury trial
88.9%
2.4%

Total
8.7%

Percent not convicted
Bench/jury trial Dismissed
0.4%
8.3%

86,043
2,228
12,416
10,887
1,529
27,367
5,063
1,003
4,060
2,559
8,316
27,806
12,446

100%
100
100
100
100
100
100
100
100
100
100
100
100

93.8%
91.6
92.0
92.3
89.6
92.9
88.7
88.7
88.7
94.8
92.2
97.2
73.8

91.3%
86.5
88.5
88.8
86.1
90.2
83.1
83.7
83.0
89.7
87.6
96.8
72.6

2.5%
5.1
3.5
3.5
3.5
2.7
5.6
5.0
5.7
5.1
4.6
0.4
1.2

6.2%
8.4
8.1
7.8
10.3
7.1
11.4
11.4
11.4
5.2
7.8
2.9
26.2

0.4%
1.6
0.7
0.7
0.7
0.3
0.9
0.8
0.9
0.7
0.9
0.1
0.5

5.8%
6.8
7.4
7.1
9.6
6.8
10.5
10.6
10.5
4.5
6.9
2.8
25.7

35,379
63,110
~

100%
100
193 days

95.9%
88.7
191 days

95.2%
85.4
188 days

0.7%
3.3
464 days

4.1%
11.3
208 days

0.2%
0.6
237 days

3.9%
10.7
205 days

Note: Offense type was missing for 288 records.
~ Not applicable.
Source: Bureau of Justice Statistics, based on data from Administrative Office of the U.S. Courts, criminal master file, fiscal year 2010.

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19

8% of adjudicated defendants were dismissed in 2010
Misdemeanants had the highest percentage of dismissals,
(26%) followed by public order (11%) and other property
offenses (10%). Violent offenses (7%) and regulatory offenses
(6%) had the highest percentage of trials. In 2010, defendants
adjudicated in the southwest districts had a higher conviction
rate (96%) than defendants in districts not located on the
border (89%). Dismissals (205 days) and guilty pleas (188
days) took less time to process than trials ending in conviction
(464 days) or ending in acquittal (237 days).
In 2010, a felony case took a median of 211 days to process
from filing to disposition
The median case processing time for felonies from case filing
to disposition increased from 197 days in 1994 to 211 days
in 2010 (figure 11). Guilty pleas comprised 89% of the case
outcomes. The overall trend in felony case time is most
impacted by guilty pleas, which comprise the bulk of case
disposition outcomes. The median case processing time of
felony cases terminated by a guilty plea increased by 9 days,
from 184 days in 1994 to 203 days in 2010.
Cases terminated by a bench or jury trial decision took the
longest time to process from 1994 to 2010
In 2010, felony cases terminated by a trial took a median
of 454 days, a 67% increase from 274 days in 1994. Cases
terminated by dismissal took a median of 294 days in 2010,
up from 223 days in 1994 or a 32% increase in median case
processing time.

The number of cases terminated with a trial declined. For
example, the number of defendants who were found guilty
following a trial declined by an annual average of 7% from
2006 to 2010, and the number of defendants who were found
not guilty at trial decreased by 5%. The number of guilty pleas
increased by an average annual rate of 3% from 2006 to 2010,
followed by case dismissals (2%) (table 12).
Figure 11
Median days from felony case filing to case termination by
mode of disposition, 1994–2010
Median days from case filing to case termination
500
Trial*

400
300

Dismissal
Total

200

Guilty plea

100
0

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

Note: Includes defendants charged with a felony as the most serious charge at
case termination. Median days from case filing to disposition is the midpoint or the
number of days for which half of the defendants were processed more slowly than
the median days and half were processed more quickly.
*Includes defendants who were convicted and defendants who were not convicted
either before a jury or before a judge (bench trial).
Source: Bureau of Justice Statistics, based on data from Administrative Office of the
U.S. Courts, criminal master file, fiscal years 1994–2010.

Table 12
Disposition and sentence received in cases terminated in U.S. district court, 2006 and 2010
2006
Cases terminated
Total
Disposition
Convicted
Plea
Bench/jury trial
Not convicted
Dismissed
Bench/jury trial
Sentence imposedb
Total convicted defendants
Prisonc
Probation only
Fine only
Suspended sentence

2010
Percent
100%

Average annual growth
rate, 2006–2010a
2.8%

Number
88,094

Percent
100%

Number
98,489

79,904
76,778
3,126
8,190
7,662
528

90.7%
87.2
3.6
9.3%
8.7
0.6

89,902
87,567
2,335
8,587
8,166
421

91.3%
88.9
2.4
8.7%
8.3
0.4

3.0%
3.3
-6.9
1.4%
1.8
-5.2

79,196
63,699
9,876
2,314
3,307

100%
80.4
12.5
2.9
4.2

89,902
69,494
9,627
2,758
7,483

100%
77.8
10.8
3.1
8.4

3.0%
2.2
-0.6
4.7
23.4

Note: Percentages are based on available data. Sentence type was missing for 708 records in 2006 and 540 records in 2010.
aCalculated using each fiscal year count from 2006 through 2010.
bDetail does not include cases missing sentence imposed.
cIncludes all sentences to incarceration including split sentences.
Source: Bureau of Justice Statistics, based on data from Administrative Office of the U.S. Courts, criminal master file, fiscal years 2006 and 2010.

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20

78% of convicted defendants were sentenced to prison
in 2010
Of the 89,902 defendants convicted in U.S. district court in
2010, 78% (69,494) were sentenced to prison. This percentage
was down from the 80% of convicted defendants who were
sentenced to prison in 2006. The number of persons who were
sentenced to prison increased from 63,699 in 2006 to 69,494 in
2010, an annual average growth of 2%.
Eleven percent of convicted defendants in 2010 were sentenced
to a term of probation only, down from 13% in 2006. Persons
sentenced to probation decreased from 9,876 in 2006 to 9,627
in 2010. Three percent of defendants were ordered only to pay
a fine in 2010. Persons receiving a fine-only sentence increased
from 2,314 in 2006 to 2,758 in 2010. The fastest growing
outcome at sentencing from 2006 to 2010 was the suspended
sentence, which increased an annual average of 23%. In 2010,
about 8% of all convicted defendants received a suspended
sentence, up from 4% in 2006.
The percent of felony cases disposed ending in a guilty
plea varied by district
In 2010, eight federal districts disposed of felony cases with
a guilty plea at least 95% of the time (map 6). This included
districts along the southwest border (with the exception of
California Southern) and the districts of Wyoming (96%),
Illinois Southern (96%), North Carolina Middle (95%), and
Louisiana Eastern (95%).
In 2010, the median time from case filing to guilty plea
was about 6 months
Of the 87,567 defendants in cases terminated in 2010 that
ended in a guilty plea, the time from case filing to plea was
about 6 months (figure 12). Defendants pleading guilty to
a felony drug (301 days) or a felony public order offense
(300 days) took the longest to reach disposition, followed by
defendants pleading guilty to a felony sex (271 days), felony
weapons (268 days), and felony violent offense (261 days).
Defendants pleading guilty to a felony immigration offense
took 120 days from case filing to case termination. Defendants
pleading guilty to a misdemeanor took 39 days, compared with
defendants pleading guilty to a felony (203 days). Defendants
pleading guilty in districts along the U.S.-Mexico border
(126 days) were quicker to reach disposition than defendants
pleading guilty in other districts (247 days).

Figure 12
Median days from case filing to case termination for guilty
pleas, by offense and U.S.-Mexico border district, 2010
Offense type
All offenses
Felonies
Violent
Property
Drug
Public order
Sex offense
Weapons
Immigration
Misdemeanors
Border district
Non U.S.-Mexico
U.S.-Mexico
0

50

100

150
200
250
Median days

300

350

Note: U.S.-Mexico border districts include Arizona, California Southern, New Mexico,
Texas Western, and Texas Southern. Offense types are the most serious offense
at termination. Median days from case filing to disposition for guilty pleas is the
midpoint or the number of days for which half of the defendants were processed
more slowly than the median days and half were processed more quickly.
Source: Bureau of Justice Statistics, based on data from Administrative Office of the
U.S. Courts, criminal master file, fiscal year 2010.

Map 6
Felony cases ending in a guilty plea, by federal judicial district,
2010
Wyoming (96%)

Illinois Southern (96%)

Arizona (95%)
New Mexico (98%)
Texas
Western
(96%)

Texas
Southern
(97%)

Louisiana
Eastern
(95%)

84% or less
85%–89%

North
Carolina
Middle
(95%)

90%–94%
95% or more

Note: Not shown on map: Guam/Northern Mariana Islands (77%), Puerto Rico (87%),
District of Columbia (80%), and U.S. Virgin Islands (37%). Percentages represent the
share that guilty pleas comprise of total felony cases adjudicated in U.S. district
court in each federal judicial district.
Source: Bureau of Justice Statistics, based on data from Administrative Office of the
U.S. Courts, criminal master file, fiscal year 2010.

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21

Defendants convicted of sex offenses were most likely to
receive a prison sentence
In 2010, sex offense convictions were most likely to receive a
prison sentence (96%), followed by violent (93%) and weapons
(92%) offenses (table 13). Defendants convicted of regulatory
public order offenses (51%) and other property offenses (49%)
were least likely to receive a prison sentence. Defendants
convicted in one of the five districts along the U.S.-Mexico
border (84%) were more likely to receive a prison sentence
than defendants in all other districts (74%).

imposed on sex offenders increased by annual average of
6%. In comparison, the median prison term imposed for
violent, weapons, and drug offenses remained relatively stable
over the same period. The median prison term imposed for
immigration offenses decreased from 24 months in 1994 to
15 months in 2010.
Figure 13
Median prison sentence imposed, by most serious offense at
sentencing, 1994–2010
Median months

Median prison terms declined from 2006 to 2010
The median prison sentence decreased from 37 months in 2006
to 31 months in 2010. Drug offenders received a median prison
sentence of 60 months in 2010, down from 63 months in 2006.
Violent offenders received a median of 63 months in prison in
2010, down 64 months in 2006. Weapons offenders received
a median sentence of 60 months in 2010, unchanged from
2006. The median prison sentence decreased for immigration
offenders, from 21 months in 2006 to 15 months in 2010.
Median prison sentences for defendants convicted of sex
offenses had the greatest increase
Defendants convicted and sentenced to prison for a felony
sex offense had the greatest median prison sentence in 2010
(84 months), up from a median term of 36 months in 1994
(figure 13). From 1994 to 2010, the median prison term

100
Sex

80
Violent
60

Weapons

Drug
40

Public order

20
0

Immigration

Property

'94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10

Note: Median prison sentence imposed is the midpoint of the number of months for
which half of the defendants were sentenced to shorter sentences than the median
sentence and half received longer sentences than the median sentence.
Source: Bureau of Justice Statistics, based on data from Administrative Office of the
U.S. Courts, criminal master file, fiscal years 1994–2010.

Table 13
Defendants convicted and sentenced to a federal prison term, by type of offense, 2006 and 2010
Most serious offense at termination
All offenses
Type of offense
Felonies
Violent
Property
Fraud
Other
Drug
Public order
Regulatory
Other
Sex offense
Weapons
Immigration
Misdemeanors
U.S.-Mexico border district
Yes
No

Number convicted
2006
2010
79,904
89,902

Percent sentenced to prison
2006
2010
80.4%
77.8%

Median prison term imposed*
2006
2010
37 mos.
31 mos.

73,009
2,086
11,303
9,906
1,397
27,361
4,752
805
3,974
1,659
8,831
17,017
6,895

80,720
2,040
11,413
10,042
1,371
25,416
4,489
889
3,600
2,426
7,669
27,004
9,182

86.4%
94.7
61.2
61.8
57.4
93.4
68.7
49.8
72.6
96.2
93.3
91.0
17.4%

83.2%
93.3
63.3
65.2
49.0
91.0
67.1
50.6
71.1
96.4
92.0
82.4
30.0%

40 mos.
64
19
20
18
63
27
18
30
63
60
21
3 mos.

34 mos.
63
24
24
18
60
27
18
30
84
60
15
3 mos.

22,950
56,954

33,927
55,975

89.6%
76.7

83.5%
74.3

21 mos.
37

14 mos.
36

Note: Sentence type was missing for 708 records in 2006 and 540 in 2010. U.S.-Mexico border districts include Arizona, California Southern, New Mexico, Texas Western, and
Texas Southern.
*Median prison sentence imposed is the midpoint of the number of months for which half of the defendants were sentenced to shorter sentences than the median sentence
and half received longer sentences than the median sentence. Includes sentences of life and death (each coded as 480 months).
Source: Bureau of Justice Statistics, based on data from Administrative Office of the U.S. Courts, criminal master file, fiscal years 2006 and 2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

22

Corrections and post-conviction supervision
Most persons were incarcerated in federal prison for a
drug offense in 2010
Drug offenses were the most prevalent offense type of prisoners
in federal prison on September 30, 2010 (figure 14). Drug
offenders declined from 57% of the prison population in 2001
to 52% in 2010, while weapons offenders increased from 9%
of the prison population in 2001 to 16% in 2010. The share of
violent offenders in federal prison decreased from 9% in 2001
to 6% in 2010. Immigration offenders comprised 12% of the
prison population in 2010, rising slightly from of 11% of the
prison population in 2001.
Males made up 93% of inmates in 2010
The rate of growth from 1994 to 2010 was similar for males
and females, averaging about a 3–4% annual increase
(table 14). The percentage of males (93%) in federal prison on
September 30, 2010, was unchanged from the percentage of
males in prison on September 30, 1994.
Federal prisons housed a greater share of older prisoners
in 2010

Figure 14
Federally sentenced prisoners in the custody of the Federal
Bureau of Prisons, by offense, 2001 and 2010
Offense
Drug

2001
2010

Violent
Sex offense
Immigration
Weapons
Public order regulatory
Public order other
Property fraud
Property other
0

10

20

30
Percent

40

50

60

Note: Includes prisoners sentenced in U.S. district court and excludes D.C. code
offenders, military code offenders, foreign treaty transfers, state boarders, and
presentenced offenders. Percentages are based on nonmissing data. Offense type
was missing for 956 records in 2001 and 1,181 in 2010.
Source: Bureau of Justice Statistics, based on data from Federal Bureau of Prisons,
SENTRY data base, September 30, 2001 and 2010.

The median age of prisoners was 38 years in 2010, compared
to a median age of 36 years in 2001 (table 14). The number
of prisoners age 65 or older increased from 1,698 prisoners
in 2001 to 3,534 prisoners in 2010. Offenders age 60 or older
comprised about 4% of the total prison population in 2010.
Prisoners age 29 or younger decreased from 37,439 in 1994 to
36,918 in 2010, (down 1%).

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

23

Table 14.
Characteristics of federally sentenced offenders in the custody of the Federal Bureau of Prisons, 2001 and 2010
2001
Offender characteristic
All inmates
Sex
Male
Female
Race/Hispanic origin
Whiteb
Black/African Americanb
Hispanic/Latinob
American Indian/Alaska Nativeb
Asian/Native Hawaiian/Other Pacific Islanderb
Age at fiscal yearend
17 or younger
18–19
20–24
25–29
30–34
35–39
40–44
45–49
50–54
55–59
60–64
65 or older
Median age
Citizenship
U.S. citizen
Non-U.S. citizen
Country of citizenship
North America
United States
Mexico
Canada
Caribbean
Central America
South America
Asia and Oceania
Europe
Africa

2010

Average annual growth
rate, 2001–2010a
3.6%

Number
135,197

Percent
100%

Number
185,690

Percent
100%

125,698
9,499

93.0%
7.0

173,509
12,181

93.4%
6.6

3.7%
2.8

37,368
50,548
43,334
2,131
1,816

27.6%
37.4
32.1
1.6
1.3

51,091
68,180
60,268
3,331
2,820

27.5%
36.7
32.5
1.8
1.5

3.6%
3.4
3.7
5.1
5.1

48
566
12,077
24,748
27,516
23,039
17,816
12,376
8,230
4,662
2,421
1,698
36 yrs.

-0.4%
8.9
18.3
20.4
17.0
13.2
9.2
6.1
3.5
1.8
1.3

23
268
9,887
26,740
37,391
34,924
26,543
20,093
13,673
7,895
4,719
3,534
38 yrs.

-0.1%
5.3
14.4
20.1
18.8
14.3
10.8
7.4
4.3
2.5
1.9

-6.4%
-7.6%
-2.2
0.9
3.5
4.8
4.6
5.6
5.8
6.0
7.7
8.5

95,868
38,884

71.1%
28.9

138,011
47,551

74.4%
25.6

4.1%
2.3

127,759
95,868
23,391
257
6,744
1,499
4,313
1,300
663
557

94.9%
71.2%
17.4
0.2
5.0
1.1
3.2
1.0
0.5
0.4

180,483
138,011
33,600
424
5,265
3,183
2,819
1,306
428
361

97.3%
74.4%
18.1
0.2
2.8
1.7
1.5
0.7
0.2
0.2

3.9%
4.1
4.2
5.8
-2.6
8.9
-4.6
0.1
-4.4
-4.6

Note: Includes prisoners sentenced in U.S. district court and excludes D.C. Code offenders, military code offenders, foreign treaty transfers, state boarders, and presentenced
offenders. Percentages are based on non-missing data. In 2001, 445 records were missing citizenship and 605 records were missing country of citizenship. In 2010, 130 records
were missing citizenship and 293 records were missing country of citizenship. Median age is the midpoint or the age at which half of the prisoners were older than the median
age and half were younger than the median age.
-- Less than 0.05%.
aCalculated using each fiscal year data from 2001 through 2010.
bExcludes persons of Hispanic or Latino origin.
Source: Bureau of Justice Statistics, based on data from Federal Bureau of Prisons, SENTRY data base, September 30, 2001, and 2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

24

The racial profile of the federal prison population showed
little change from 2006 to 2010
In 2010, 37% of the federal prison population was black or
African American, 32% was Hispanic, and 28% was white.
American Indians and Asians each represented 3% of the
prison population. Seventy-four percent of persons in federal
prison at fiscal yearend 2010 were U.S. citizens, up from 71%
in 2001 (figure 15). Of the 26% non-U.S. citizens in federal
prison in 2010, 18% were citizens of Mexico, 3% were citizens
Figure 15
Federally sentenced offenders in the custody of the Federal
Bureau of Prisons, by country of citizenship, 2010
Country of citizenship

of Caribbean countries, 2% were citizens of Central America,
and 2% were citizens of South American countries. Non-U.S.
citizens in federal prison at fiscal yearend 2010 with citizenship
in a Central American country increased by an annual average
of 9% from 2001 to 2010. In comparison, the average annual
growth in prisoners who were citizens of Mexico was 4%.
Five federal judicial districts (Arizona, Texas Western, Texas
Southern, Florida Southern, and Florida Middle) committed
22% of offenders in federal prison at yearend 2010 (map 7).
Map 7
Federally sentenced offenders in the custody of the Federal
Bureau of Prisons, by federal judicial district of commitment,
2010

U.S. citizen
Mexico
Canada
Carribean
Central America

Virginia
Eastern
(5,049)

California
Southern
(5,000)

South America
Asia and Oceania

Florida
Middle
(6,262)

Arizona (6,777)

Europe
Africa
0

10

20
Percent

70

80

Note: Includes prisoners sentenced in the U.S. district court and excludes D.C. code
offenders, military code offenders, foreign treaty transfers, state boarders, and
pre-sententenced offenders. Percentages are based on nonmissing data. Country of
citizenship missing for 291 records.
Source: Bureau of Justice Statistics, based on data from Federal Bureau of Prisons,
SENTRY data base, September 30, 2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

Texas
Western
(10,403)

Texas Southern (10,966)
1,299 or less
1,300–2,499

Florida
Southern
(6,568)

2,500–4,999
5,000 or more

Note: Includes prisoners sentenced in U.S. district court and excludes D.C. code
offenders, military code offenders, foreign treaty transfers, state boarders, and
presentenced offenders. Not shown on map: Guam/Northern Mariana Islands
(1,183), Puerto Rico (2,152), District of Columbia (1,081), and U.S. Virgin Islands (149).
Federally sentenced inmates in the custody of the Federal Bureau of Prisons.
Sources: Bureau of Justice Statistics, based on data from Federal Bureau of Prisons,
SENTRY database, 2010.

25

Offenders returning to federal prison from 1998 to 2010
14% of offenders released from federal prison in 2008
returned to federal prison within 3 years

Males had a 15% 3-year return-to-prison rate,
compared to 9% for female offenders

Of the 59,391 offenders first released from federal prison in
2008 following a U.S. district court commitment, 14% were
readmitted to federal prison within 3 years (figure 16). Four
percent of offenders released in 2010 returned to federal
prison within 1 year, 10% of offenders released in 2009
returned to federal prison with 2 years, 14% of offenders
released in 2008 were returned to federal prison within
3 years, 17% of offenders released in 2007 were returned
within 4 years, and, 20% of offenders released in 2006 were
returned to federal prison within 5 years. These recidivism
percentages do not take into account the recidivism of
offenders who after release from federal prison were
imprisoned in a state prison for a new offense.

Among males who were released from federal prison
in 2008 and returned, 58% returned for violations of
supervision, and 41% returned for a new court commitment.
In comparison, 80% of females returned to prison for
supervision, violations, and 19% returned with a new
court commitment.

Supervision violations were the most common reason
for return to prison within 3 years
The most common reason for federal prisoners released in
2008 to return to federal prison within 3 years was violation
of conditions of supervision (59%). Returns for a new court
commitment or new offense comprised 39% of returns
(table 15).

Figure 16
Percent of offenders returning to federal prison after
release from a U.S. district court commitment, by time to
return, 1998–2010
Percent returning to prison
25
20

Within 5 years
Within 4 years

15
10

Return-to-prison rates were highest for younger
released offenders

5

Offenders between the ages 18 and 24 released in 2008 had
a 3-year return-to-prison rate of 20%. Of these returns, 55%
was for a supervision violation and 44% was for a new court
commitment. Among released prisoners ages 25 to 44, 15%
returned to prison within 3 years. Released prisoners ages
45 to 64 had a 9% return to prison rate, followed by 3% for
prisoners age 65 or older.

0

Within 3 years
Within 2 years

Within 1 year
'98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11
Year released from prison

Note: The percentages reflect the share of prisoners returning to federal
prison within 1, 2, 3, 4, and 5 years of release from federal prison. Only
offenders first released from federal prison are included, or those who served
a term of imprisonment resulting from a conviction in U.S. district court. See
Methodology.
Source: Bureau of Justice Statistics, based on data from Federal Bureau of
Prisons, SENTRY data base, fiscal year 1998–2010.

Continued on next page.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

26

Offenders returning to federal prison from 1998 to 2010 (continued)
Native American prisoners had the highest 3-year
return to prison rate among all racial groups
Thirty-nine percent of Native Americans released from
federal prison in 2008 returned to federal prison within 3
years. Eighty-seven percent of Native Americans returned

for a violation of supervision, and 13% returned for a new
court commitment. Black prisoners had the second highest
3-year return to prison rate (19%), with 82% returned for
supervision violations and 14% returned for a new court
commitment. Whites had a 13% return rate, Hispanics had a
12% return rate, and Asians had a 6% return rate.

Table 15
Offenders returning to federal prison within 3 years of release from a U.S. district court commitment, 2008

Characteristic
Total
Sex
Male
Female
Race/Hispanic origin
White*
Black/African American*
Hispanic/Latino
American Indian/Alaska Native*
Asian/Native Hawaiian/Other Pacific Islander*
Age at first release
17 or younger
18 to 24
25 to 44
45 to 64
65 or over
Citizenship
U.S. citizen
Non-U.S. citizen
Mexico
Other
Original offense of conviction
Violent
Property
Drug
Public order
Sex offense
Weapons
Immigration
District of commitment
U.S.-Mexico border district
Non-U.S.-Mexico border district

Percent of offenders returned to federal
prison within 3 years of release
Reason
New offense Supervision violation
39.3%
59.0%

Number
released
59,391

Number
returned
8,470

Percent
returning
14.3%

Total
100%

53,472
5,876

7,970
499

14.9%
8.5%

100%
100%

40.6%
19.0%

57.6%
80.0%

1.7%
1.0%

14,227
14,004
29,390
817
910

1,843
2,608
3,644
316
58

13.0%
18.6%
12.4%
38.7%
6.4%

100%
100%
100%
100%
100%

16.2%
13.6%
72.0%
13.3%
22.4%

83.1%
81.6%
27.9%
86.7%
77.6%

0.7%
4.9%
0.1%
0.0%
0.0%

14
6,093
40,387
12,007
845

6
1,201
6,164
1,070
28

-19.7%
15.3%
8.9%
3.3%

-100%
100%
100%
100%

-44.4%
39.4%
33.7%
35.7%

-54.6%
58.7%
64.9%
64.3%

-1.0%
1.9%
1.4%
0.0%

32,140
27,143
21,605
5,538

5,632
2,828
2,586
242

17.5%
10.4%
12.0%
4.4%

100%
100%
100%
100%

13.5%
90.8%
91.9%
79.8%

84.0%
9.2%
8.1%
20.2%

2.6%
--%
--%
--%

1,750
5,709
22,463
2,814
720
5,620
19,720

473
745
2,479
280
100
1,519
2,790

27.0%
13.0%
11.0%
10.0%
13.9%
27.0%
14.1%

100%
100%
100%
100%
100%
100%
100%

19.5%
15.9%
20.8%
17.5%
12.0%
14.3%
83.0%

79.7%
84.0%
74.1%
81.1%
88.0%
85.1%
17.0%

0.9%
0.1%
5.1%
1.4%
-0.6%
--

24,000
35,391

3,591
4,879

15.0%
13.8%

100%
100%

65.0%
20.5%

34.8%
76.8%

0.2%
2.8%

Other
1.7%

Note: Describes offenders returning to federal prison following a release from a U.S. district court commitment. Offenders released following incarceration for
supervision violations or CBP/ICE detentions are excluded. Data were missing for the following: sex (43), race/Hispanic origin (43), age at rease (45), citizenship (108),
and original offense of conviction (595).
* Excludes persons of Hispanic or Latino origin.
-- Less than 0.05%.
Source: Bureau of Justice Statistics, based on data from Bureau of Prisons, SENTRY data file, fiscal year 2008.

Continued on next page.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

27

Offenders returning to federal prison from 1998 to 2010 (continued)
Violent and weapons offenders returned to prison at
higher rates than other offenders
The 3-year return to prison rate was highest for violent
and weapons offenders (27% each) (figure 17). Violent
(80%) and weapons (85%) offenders were most likely to be
returned for supervision violations. Immigration offenders
were most likely to be returned for a new offense (83%). As
most immigrations offenders were deported after serving
a federal sentence, most who returned did so for illegally
reentering the United States among other new offenses.

Immigration offenders were most likely to return to
federal prison within 3 years of release
Fourteen percent of immigration offenders released in 2008
were returned to federal prison within 3 years of release,
representing 33% of all recidivists over the time period. In
comparison, 29% of recidivists were drug offenders and
6% were violent offenders. Immigration had the highest
percentage of new offenses as a reason for return to federal
prison (83%). Seventeen percent of immigration returns
were due to supervision violations. Immigration was the
most common offense type of returns for new offenses.
The 3-year recidivism rate for drug offenders was 11%.
Twenty-one percent of drug offenders were returned for
a new offense, and 74% were returned for a supervision
violation. Public order offenses had the lowest 3-year
return to prison rate (10%). Eighteen percent of public order
offenders were returned for a new offense, and 81% were
returned for a supervision violation.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

Figure 17
Percent of offenders returning to federal prison within
3 years of release, by type of offense at release and type of
return, 2008
Total
Offense
Violent
Property

Supervision violation

Drug

New offense

Public order

Other

Sex offense
Weapons
Immigration
0

5

10

15
Percent

20

25

30

Note: The percentages reflect the share of prisoners returning to federal prison
with 3 years following release from federal prison in 2008. Only offenders first
released from federal prison in 2008 are included, or those who had served a
term of imprisonment resulting from a conviction in U.S. district court. Other
reasons for return include D.C. Superior Court arrests and unknown reasons
for return.
Source: Bureau of Justice Statistics, based on data from Federal Bureau of
Prisons, SENTRY data base, fiscal year 2008.

Continued on next page.

28

Offenders returning to federal prison from 1998 to 2010 (continued)
18% of U.S. citizens and 10% of non-U.S. citizens released
in 2008 returned to federal prison within 3 years
Non-U.S. citizens had a lower return rate (10%) than U.S.
citizens (18%). The lower risk of return for non-U.S. citizens
may be a function of differences in how non-U.S. citizen
offenders are handled following release. Most non-U.S.
citizens are deported immediately after serving a federal
prison term. Noncitizens may then be deported or detained
pending deportation by ICE. A small share of noncitizens
is released to serve terms of federal supervision, so most
noncitizens would not be at risk to return to prison for
technical violations of supervision. About 9 in 10 noncitizens
who returned to prison in a 3-year period following release
were recommitted for a new court commitment, and 1 in 10
were returned for a supervision violation.

Map 8
Percent of offenders returning to federal prison within 3
years for a new offense, 2008

Districts with the greatest 3-year return to prison rate
for new court commitments only were clustered in the
west and southwestern U.S.
The districts of California Southern, Arizona, and Texas
Southern had 3-year return to prison rates for a new
offense between 12% and 14% in 2010 (map 8). In 2010,
eight districts had 3-year return to prison rates between
21% and 26% for supervision violations (map 9). Three of
these districts are adjacent to one another: Montana, North
Dakota, and South Dakota.

Map 9
Percent of offenders returning to federal prison within
3 years for a supervision violation, 2008
Montana (21%) North Dakota (24%)
South Dakota (21%)
Michigan
Western
(24%)

California
Southern
(13%) Arizona
(14%)

Georgia
Southern
(23%)

Missouri Western
(21%)
Texas Southern
(12%)
2% or less
3%–4%

Illinois Southern (26%)
Oklahoma Eastern (26%)
5%–7%
8% or more

Note: Not shown on map: Guam/Northern Mariana Islands (2%), Puerto Rico
(2%), District of Columbia (3%), and U.S. Virgin Islands (4%). Percentages
represent the share of offenders first released from federal prison in 2008 that
returned within3 years of release for a new offense.
Source: Bureau of Justice Statistics, based on data from Federal Bureau of
Prisons, SENTRY database, 2008.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

8% or less
9%–13%

14%–18%
19% or more

Note: Not shown on map: Guam/Northern Mariana Islands (3%), Puerto
Rico (4%), District of Columbia (6%), and U.S. Virgin Islands (0 returning for
supervision violation). Percentages represent the share of offenders first
released from federal prison in 2008 that returned within3years of release for a
supervision violation.
Source: Bureau of Justice Statistics, based on data from Federal Bureau of
Prisons, SENTRY database, 2008.

29

the 126,554 offenders under federal supervision at fiscal
yearend 2010, 81% were male and 19% were female. Females
comprised 36% of offenders on probation and 3% of offenders
on parole supervision. White offenders comprised the largest
share on supervision (37%), followed by black (36%) and
Hispanic (21%) offenders. Black offenders comprised 38% of
offenders on supervised release, and white offenders made up
nearly half (49%) of offenders on probation.

At fiscal yearend 2010, a total of 126,554 offenders were
under active federal post-conviction supervision
Eighty-two percent of offenders under federal post-conviction
supervision received one of two forms of supervision following
release from prison: supervised release (101,839) or parole
(2,030) (table 16). The remainder (22,685) were on probation
supervision, which is a sentence to a term of supervision in the
community with and without a confinement sentence. Among

Table 16
Characteristics of offenders under post-conviction federal supervision, 2010
Total
Offender characteristics
Number of offendersa
Sex
Male
Female
Race/Hispanic origin
Whiteb
Black/African Americanb
Hispanic/Latino
American Indian/Alaska Nativeb
Asian/Native Hawaiianb
Other Pacific Islanderb
Age at fiscal yearend
17 or younger
18–19
20–24
25–29
30–34
35–39
40–44
45–49
50–54
55–59
60–64
65 or older
Median age
Citizenship
U.S. citizen
Legal alien
Illegal alien
Country of citizenship
North America
United States
Mexico
Canada
Caribbean
Central America
South America
Asia and Oceania
Europe
Africa

Type of supervised release
Probation
22,685

Parole
2,030

84.6%
15.4

63.7%
36.3

97.3%
2.7

37.0%
36.4
21.3
2.2
2.7
0.4

34.6%
38.1
22.3
2.1
2.6
0.3

48.6%
26.1
17.7
2.9
3.7
1.0

27.4%
61.0
9.2
1.7
0.7
0.1

-0.2%
4.4
12.2
17.2
17.1
14.7
11.8
9.0
6.1
3.9
3.5
39 yrs.

--3.4%
11.9
18.3
18.4
15.3
11.9
8.7
5.6
3.6
3.0
39 yrs.

0.1%
0.7
9.4
14.1
13.4
12.2
12.2
11.2
9.4
7.4
5.0
4.9
40 yrs.

--1.2%
4.7
4.5
9.6
10.8
14.4
16.0
16.3
10.7
11.6
51 yrs.

119,167
853
5,417

95.0%
0.7
4.3

95.3%
0.7
4.1

93.5%
0.8
5.7

97.2%
0.3
2.5

121,853
120,007
522
17
1,153
154
164
493
123
154

99.2%
97.7
0.4
-0.9
0.1
0.1
0.4
0.1
0.1

99.4%
97.9
0.4
-1.0
0.1
0.1
0.4
0.1
0.1

98.6%
96.9
0.7
0.1
0.6
0.4
0.3
0.7
0.2
0.3

99.9%
99.9
0.1
-1.0
--0.1
---

Number
126,554

Percent
100%

102,266
23,843

81.1%
18.9

46,066
45,341
26,566
2,770
3,411
510
32
200
5,587
15,336
21,686
21,605
18,560
14,865
11,293
7,651
4,977
4,394
~

Supervised release
101,839

Note: Percentages are based on nonmissing cases. Data were missing for the following: age (368), sex (445), race/Hispanic origin (1,890), citizenship (1,117), and country of
citizenship (3,767). Median age is the midpoint or the age at which half of the offenders under supervision were older than the median age and half were younger than the
median age.
--Less than 0.05%.
~ Not applicable.
aIncludes suspects for whom characteristics are not known.
bExcludes persons of Hispanic or Latino origin.
Source: Bureau of Justice Statistics, based on data from Administrative Office of the U.S. Courts, Probation and Pretrial Services Automated Case Tracking System (PACTS),
fiscal year 2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

30

5% of persons under federal post-conviction supervised
release in the community were non-U.S. citizens
In 2010, 5% of offenders under federal supervision were
non-U.S. citizens. Hispanics comprised 21% of offenders under
community supervision, followed by white (37%) and black
(36%) offenders. The median age was similar for offenders
under supervised release (age 39) and probation (age 40), but
higher for persons on parole supervision (age 51).
Drug and property fraud comprised the two most common
offenses for offenders under federal supervision in 2001 and in
2010 (figure 18). The percentage of weapons offenders under
federal supervision increased from 2001 and 2010, as did drug
and immigration offenses.

Figure 18
Offenders under federal supervision, by type of offense, 2001
and 2010
Offense
Drug

2001

2010

Violent
Sex offense
Immigration
Weapons
Public order regulatory
Public order other
Property fraud
Property other
0

10

20

30
Percent

40

50

Note: Percentages are based on nonmissing data. Offense type missing for
374 records in 2010.
Source: Bureau of Justice Statistics, based on data from Administrative Office of
the U.S. Courts, Probation and Pretrial Services Automated Case Tracking System
(PACTS), fiscal years 2001 and 2010.

F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

31

Methodology
The Federal Justice Statistics Program (FJSP)
This report uses data from the Bureau of Justice Statistics’
(BJS) Federal Justice Statistics Program (FJSP). The FJSP was
initiated in 1982 to serve as a central resource for information
describing the case processing of federal criminal defendants
and to meet BJS’s statutory mandate to “collect, analyze, and
disseminate comprehensive federal justice transaction statistics
… and to provide technical assistance to and work jointly with
other federal agencies to improve the availability and quality of
federal justice data”—42 U.S.C. 3732 (c) (15).
The FJSP receives administrative data files from six federal
criminal justice agencies and standardizes this information
to maximize comparability across agencies and within
agencies over time. This includes (1) applying, where possible,
person–case as the primary unit of count (exceptions include
at arrest where the unit of count is the individual suspect,
sentencing under federal sentencing guidelines where the
unit of count is the sentencing event, and at imprisonment
where the unit of count is the inmate); (2) delineating fiscal
year (October 1 through September 30) as the period for
reported events; (3) applying a uniform offense classification
across agencies; and (4) classifying disposition and sentences
imposed.
Where more than one offense is charged or adjudicated,
the most serious offense at disposition and sentencing is
used. Offense seriousness is based on maximum statutory
imprisonment term, type of crime, and statutory maximum
fine amount. Annual cross-sectional data files are produced

and maintained by and represent the federal criminal case
processing stages from arrest and prosecution through pretrial
release, adjudication, sentencing, appeals, and corrections.
FJSP data sources
The U.S. Marshals Service Prisoner Tracking System (PTS)
provides information on suspects arrested for federal offenses
and booked by the U.S. Marshals Service following an arrest.
Suspects may be counted more than once in a fiscal year if they
are arrested and booked multiple times during the period. The
U.S. Marshals Service uses the PTS to track federal prisoners
in Marshals’ custody. The U.S. Marshals Service provides data
from the Justice Detainee Information System (JDIS). The JDIS
consolidates information on prisoners who are in Marshals
Service custody or who have a federal arrest warrant issued.
The Executive Office for U.S. Attorneys’ National Legal
Information Office Network System (LIONS) database contains
information on the investigation and prosecution of suspects
in criminal matters received and concluded and criminal
cases filed and terminated by U.S. attorneys. Suspects may be
counted more than once in a fiscal year if they are involved in
multiple matters received and concluded during the period.
A matter is defined as a referral where an attorney spends
one hour or more investigating. The lead charge is used to
classify the most serious offense at referral and is defined as the
substantive statute that is the primary basis of referral.
The Administrative Office of the U.S. Courts’ (AOUSC)
criminal master file contains information about the criminal
proceedings against defendants whose cases were filed
and terminated in U.S. district courts. These data include

Standard Analysis Files in the FJSP
Stage of federal criminal
case process

Data source agency—
Data system(s)

Description of data file contents

Arrest and booking
Warrants initiated and cleared

U.S. Marshals Service
ƒƒPrisoner Tracking System (PTS)
ƒƒJustice Detainee Information System (JDIS)
ƒƒWarrant Information Network (WIN)

Contains data on warrants initiated or cleared and suspects arrested
by federal enforcement agencies for violations of federal law.

Investigation and prosecution

Executive Office for U.S. Attorneys
ƒƒCentral system file
ƒƒNational Legal Information Office Network System
(LIONS)

Contains information on the investigation and prosecution of suspects
in criminal matters received and concluded, and criminal cases filed
and cases terminated.

Pretrial release/detention

Administrative Office of the U.S. Courts (AOUSC): U.S.
Office of Probation and Pretrial Services
ƒƒ
Probation and Pretrial Services Automated Case Tracking

System (PACTS)

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 courts.

Cases filed and terminated in U.S.
district court

Administrative Office of the U.S. Courts (AOUSC)
ƒƒCriminal Master File

Contains information about criminal cases from time of filing to
termination in U.S. district courts.

Defendants sentenced pursuant to
the Sentencing Reform Act of 1984

United States Sentencing Commission (USSC)
ƒƒMonitoring Data Base

Contains information on criminal defendants sentenced pursuant to
the provisions of the Sentencing Reform Act of 1984.

Criminal appeals filed and
terminated

Administrative Office of the U.S. Courts (AOUSC): U.S.
Court of Appeals

Contains information on criminal appeals filed and terminated in U.S.
Courts of Appeals.

Probation, parole, and supervised
release

Administrative Office of the U.S. Courts (AOUSC): U.S.
Office of Probation and Pretrial Services
ƒƒProbation and Pretrial Services Automated Case Tracking
System (PACTS)

Contains information about supervision provided by officers for
persons placed on probation, parole, or supervised release.

Offenders entering and exiting
prison

Bureau of Prisons (BOP)
ƒƒSENTRY System

Contains information covering the time from when offenders enter
prison until their release from the jurisdiction of the Bureau of Prisons.

information on cases involving felonies, as well as Class A
and B Misdemeanors handled by U.S. district court judges.
The most serious filing or terminating offense is the offense
charge that yields the greatest maximum statutory penalty.
This report also uses AOUSC data from the Probation and
Pretrial Services Automated Case Tracking System (PACTS),
which contains information on defendants interviewed and
supervised by pretrial services. These data are used to describe
background characteristics of defendants arraigned and
defendants detained prior to case disposition. In addition,
post-conviction data from the AOUSC’s Federal Probation
Supervision Information System (FPSIS) are used to describe
immigration offenders under post-conviction supervision in
the community.
The Federal Bureau of Prisons’ (BOP) SENTRY database
contains information on all sentenced offenders admitted
into or released from federal prison during a fiscal year,
and offenders in federal prison at the end of each fiscal year
(September 30). The most serious commitment offense is
the offense with the longest sentence length. All percentage
changes referred to in this report are calculated using the
average of the annual change between the two reported years.
Returns to federal prison
The number of offenders returning to federal prison is a count
of the number of federal prisoners who returned to federal
prison after first release from a U.S. district court commitment.
Prisoners released from federal prison for the first time
between 1994 and 2010 were identified. The BOP’s SENTRY
database was searched for a subsequent return to federal
prison. Prisoners released in 2008 were the most recent cohort
that could be tracked for 3 years following release through
2011. In addition, observation windows were included for 1-,
2-, 3-, 4-, and 5-year return rates following first release. The
return-to-prison rate increases with the length of the window
used to follow-up on prisoners. The unit of analysis is the first
release from federal prison, and the return rates are computed
based on the number of first releases.
In 2008, there were 70,327 federally sentenced prisoners
released from the Bureau of Prisons. About 84% of prisoners
released in 2008 (59,391) had been released following a U.S.
district court commitment. This cohort of offenders was
tracked for 3 years following release to count the number who
returned to federal prison, whether for a new offense or a
violation of supervision. A second cohort of prisoners released
in 2006 was tracked for 5 years.

Other resources
Detailed data tables are available in Federal Justice Statistics,
2010 –Statistical Tables (NCJ 239914). FJSP data are also
incorporated into a BJS web query tool that permits users to
interactively query the federal data and download the query
results as a spreadsheet. This query tool is available on the
BJS website. The query tool provides statistics by stage of the
federal criminal case process, including law enforcement,
F E D E R A L J U S T I C E S TAT I S T I C S | D E C E M B E R 2013	

prosecution and courts, and incarceration. Users can currently
generate queries for up to three variables from 1998 to 2010.
Users can also generate queries by title and section of the U.S.
criminal code by processing stage from 1994 to 2010.
Appendix Table 1
Detail of BJS offense categories
Violent offenses
Murder
Assault
Robbery
Kidnapping
Threats against the President
Property offenses
Fraudulent
Embezzlement
Fraud
Forgery
Counterfeiting
Other
Burglary
Larceny
Motor vehicle theft
Arson and explosives
Transportation of stolen property
Drug offenses
Public order offenses
Regulatory
Agriculture
Antitrust
Food and drug
Transportation
Civil rights
Communications
Customs laws
Postal laws
Other regulatory offenses
Other
Tax law violations
Bribery
Perjury, contempt, and intimdation
National defense
Escape
Racketeering and extortion
Gambling
Liquor offenses
Traffic offenses
Wildlife
Environmental
Conspiracy, aiding and abetting, and jurisdictional offenses
All other offenses
Sex offenses
Sexual abuse
Child pronography
Illegal transportation
Weapons offenses
Immigration offenses

33

The Bureau of Justice Statistics, located in the Office of Justice Programs,
U.S. Department of Justice, collects, analyses, and disseminates statistical
information on crime, criminal offenders, victims of crime, and the
operation of justice systems at all levels of government. William J. Sabol is
acting director.
This report was written by Mark Motivans, Ph.D. Steven W. Perry verified
the report.
Jill Thomas edited the report, and Barbara Quinn produced the report.
January 2014, NCJ 239913

Office of Justice Programs
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