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CE a/

JUDICIAL DISTRICT

AUSAS b/
ALLOTTED

Init

Arkansas, ED
New York, WD
Illinois, CD
Indiana, SD
Oklahoma, WD
West Virginia, SC
Indiana, ND
Tennessee, WD
Georgia, SD
Pennsylvania, MD
Puerto Rico
Texas, ED
Utah
Nevada
New York, MD
Tennessee, ED
Tennessee, MD

14
14
13
13
13
13
12
12
11
11
11
11
11
10
10
10
10

Alabama, MD
Kentucky, WD
Michigan, WD
Nebraska, WD
North Carolina, ED
South Dakota
Virginia, WD
Florida, ND
Georgia, MD
Iowa, SD
Alaska
Illinois, SD
Louisiana, MD
Mississippi, ND
Mississippi, SD
North Carolina, MD
Oklahoma, ND
Wisconsin, WD
Idaho
Maine
Montana
North Carolina, WD
Vermont
Virgin Islands
Washington, ED

8
8
8
7
7
7
7
7
7
7

Montgomery, AL
Louisville, KY
Grand Rapids, MI
Omaha, NE
Raleigh, NC
Sioux Falls, SD
Roanoke, VA
Pensacola, FL
Macon, GA
Des Moines, IA
Anchorage, AK
East St. Louis, IL
Baton Rouge, LA
Oxford, MS
Jackson, MS
Greensboro, NC
Tulsa, OK
Madison, WI
Boise, ID
Portland, MA
Butte, MT
Ashville, NC
Burlington, VT
St. Thomas, VI
Spokane, WA

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North Mariana

al Information from OECE.
5) Information from the Executive Office for U.S. Attorneys
c Information from the Justice Telephone Directory

Indicates it was one of the first seven units.
Units in operation in addition to the initial seven units.
Proposed units.

1/ Unit proposed for this Office or the Tampa OUSA (MD FL).
2/ Unit established in Dallas, TX.
3/ The study team's visit to New Haven, CT, found two staffed branch offices.
4/ Location within Missouri is undecided.
5 Unit proposed for Wichita, KS.
6 Listed as three staffed branch offices, with no principal office.

APPENDIX 2

U.S. Department of Justice

United States Attorneys'
Written Guidelines for the Declination of
Alleged Violations of Federal
Criminal Laws
A Report to the
United States Congress

Washington, D. C.
November 1979

(181)

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part of a larger study of declination policies and practices currently being conducted by the Department of Justice.

Written declination guidelines exist for a large number

of federal criminal offenses. They are promulgated by United States Attorneys, with the Department's knowledge and encouragement, as a means of formalizing and crystallizing prosecutorial priorities, thereby increasing the effectiveness of limited prosecutorial and investigative resources. Written guidelines represent United States Attorneys' attempts to

respond to local demands and circumstances within the context of national law enforcement priorities. They are typically formulated after consideration of Department policies and consultation with federal investigative agencies.

A number of factors are taken into account in defining specific declination guidelines, including the following:

The availability of alternatives to
federal prosecution, including prosecution
at the state or local level

The seriousness of the crime, usually
measured by the injury or loss involved
The defendant's history and personal
circumstances, including any criminal
record, serious mental or physical
disabilities, and age.

The existence and strength of evidence to
prove the requisite elements of proof for
the criminal offense involved

Although written declination guidelines are sometimes referred to as "blanket" declinations, they are, either explicitly or implicitly, made subject to the caveat that unusual or aggravating circumstances should always be considered before any complaint is declined. Decisions to decline cases pursuant to written guidelines are also typically subject to reconsideration, for example, if matters are referred

to state and local prosecutors and declined or not pursued by

them.

In addition, alleged offenses that would otherwise be

subject to the guidelines may be prosecuted in clusters at a

later date if enough similar offenses accumulate and prosecution

would have a significant deterrent impact.

Written declination guidelines are applied with varying degrees of frequency to different categories of federal criminal

offenses. The types of offenses most frequently subject to written guidelines in some form are listed below. The number

of districts having guidelines for each offense is shown in

parentheses:

- Theft from Interstate Shipment (61)

Interstate Transportation of Stolen
Property (51)

Bank Fraud and Embezzlement (51)

- Forgery of u.s. Treasury Checks (51)

- Theft of Government Property (48)

Interstate Transportation of Stolen
Vehicles (45)

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