Federal prosecutors in Baltimore brought fewer cases this year against felons caught illegally carrying firearms, but those gun-toting criminals who did reach federal court got substantially longer prison terms than in recent years, officials said yesterday.

At the same time, prosecutors brought more cases under two other federal firearm statutes, which Maryland's U.S. attorney said could have a greater impact on violent crime in Baltimore and across the state.

"We're doing the right thing; what we're doing works," U.S. Attorney Thomas M. DiBiagio said in an interview yesterday. "I know the political focus is only on the one statute, but I think the three different components are the way to go."

DiBiagio faced criticism from Baltimore Mayor Martin O'Malley and Gov-elect Robert L. Ehrlich Jr. after stating in January that his office would generally prosecute felons caught carrying guns only if they had two or more prior convictions. DiBiagio took office late last year.

Stiffer state sentences

He acknowledged that the policy would likely mean fewer federal gun cases. But he said it made sense for other felon-in-possession cases to remain in state court, where a new Maryland law means defendants with a single prior conviction could still be sentenced to a mandatory five-year prison term.

In federal court, a defendant's sentence typically is determined by prior criminal history, which means that defendants with multiple prior convictions receive the stiffest punishment.

Last year, when federal prosecutors in Maryland brought charges in 165 felon-in-possession cases, including 111 in Baltimore, the average sentence was four years and four months, according to a review prepared by DiBiagio's office.

From January to November of this year, federal prosecutors brought charges in 97 felon-in-possession cases, 76 of those in Baltimore. The average sentence was nine years and three months, the review showed.

The end-of-the-year analysis also showed:

Last year, federal prosecutors brought 22 cases under a federal statute that prohibits using a firearm in a violent crime or in drug trafficking. That crime carries a mandatory five-year sentence for possession of a firearm and a mandatory seven-year term for use of a firearm.

Under DiBiagio, prosecutors brought 45 cases using that statute this year.

This year, federal prosecutors brought three cases under a federal law that prohibits using a firearm in a violent or drug-trafficking crime that ends in death. Defendants can face a life sentence or the death penalty under that statute.

Last year, no such cases were brought in Maryland's federal courts, the review showed.

Broad focus

DiBiagio said his office is having a more substantive impact on gun violence in Maryland by employing a range of federal statutes instead of narrowly focusing on felon-in-possession laws.

"People can approach this different ways, but you have to understand - and I want it to be clear - this firearm strategy is based on the input of career lawyers in this office, and it is based on input from law enforcement," he said.

DiBiagio has told law enforcement officials that he would prosecute felons caught carrying guns who had only one prior conviction if there were compelling reasons to take the case to federal court. So far, however, only a handful of such cases have been brought to his office.

Last month, DiBiagio told city police officials to send his office 30 new gun cases from high-crime areas in the city as part of an effort dubbed "Operation Red Zone."

The prosecutor said he suggested taking 30 cases now because his office could absorb that increase in the caseload. Not all of those cases are expected to see indictments before the end of the year.