I. THE REQUIREMENTS FOR LEGAL MEMORADUM YOU MUST PREPARE TO COMPLETE THIS PROJECT
You are a prosecuting attorney in Baltimore City, and you plan to submit a memorandum to your managing attorney. You will prepare a memorandum that explains and justifies the recommended punishment and incarceration for a defendant charged with robbery and possession with intent to distribute cocaine. The defendant is interested in pleading guilty to a crime as part of a plea agreement. The defendant has asked for leniency, but he is willing to serve some time in jail or prison.
Your managing attorney, however, is experienced and hard-nosed prosecutor who believes that all convicted drug offenders should serve extended time in prison.
1) The memorandum must address and explain each of the following:
a) Reasons for incarceration
b) Length of incarceration
c) Recommendation of type of facility for incarceration (maximum security, minimum security, rehabilitation, medical or drug treatment, or behavioral health)
d) Likelihood of recidivism
e) Impact of crime on victim(s)
f) Any other factors that must be considered for sentencing
2) The memorandum must cite to two resources or references that support your sentencing recommendation
3) The memorandum cannot exceed four pages.
4) You must use the facts from Project Two as well and the information provided below for the memorandum.
II. THE CHARGES AGAINST THE DEFENDANT
Bob Forman is the defendant, and he is the defendant that was arrested in Project Two. Bob is charged with one count of Robbery one count of Possession with Intent to Distribute Cocaine. On January 1, 2016, he was arrested with his best friend, Pat Hester, by Officer Andrew Smith in Baltimore.
Bob is charged with violating the following Maryland statutes:
1) Md. CRIMINAL LAW Code Ann. § 3-402 (2013)
§ 3-402. Robbery
(a) Prohibited. -- A person may not commit or attempt to commit robbery.
(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.
2) Md. CRIMINAL LAW Code Ann. § 5-602 (2013)
§ 5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance
(a) Prohibited. - Except as otherwise provided in this title, a person may not:
(1) distribute or dispense a controlled dangerous substance; or
(2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.
(b) Penalty- Narcotic drug
(1) In general. -- Except as otherwise provided in this section, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle with respect to a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $ 25,000 or both.
(2) A person convicted under subsection (a) of this section is not prohibited from participating in a drug treatment program.
The indictment reads as follows: Count 1 - Robbery Bob Forman on January 1, 2016, in Baltimore City, did feloniously rob Joe Kidd of property to wit: IPad, head phones, clothing, and Macbook computer having a value of $ 1,000 or more in violation of Section 3-402 against the peace, government, and dignity of the State.
Count 2 - Possession of Cocaine with Intent to Distribute
Bob Forman on January 1, 2016, in Baltimore City, did possess cocaine, a controlled dangerous substance, in sufficient quantity to indicate the intent to distribute in violation of § 5-602 against the peace, government, and dignity of the State.
III. THE DEFENDANT'S BACKGROUND
The defendant is a 22-year-old man raised by a single mother with his three younger sisters. He was 11 years old when his father died. His mother supported the family through domestic labor and welfare.
The defendant has a high I.Q., and he did well in high school. He attended college for two years but had to drop out when he got his girlfriend pregnant. He now lives at home with his mother, sisters, girlfriend, and his one-year old son. Bob committed several minor offenses as a juvenile, including misdemeanor marijuana possession and shoplifting. He began using marijuana at age 15 and later started using cocaine when his neighbor moved in next door approximately two years ago. A year ago, as an adult, he was convicted for misdemeanor shoplifting and placed on six months of probation. The shoplifting was related to his cocaine addiction - he was stealing to finance his drug habit. Bob successfully completed his probation and has been clean since his first arrest as an adult. Bob has never participated in drug rehabilitation counseling.
Other than these offenses, the defendant had not been convicted of any other drug related crimes as an adult. In fact, the defendant had been making every effort to contribute to the financial and emotional support of his family. For the last three years, he has been working as a waiter at a cafe and, he has plans to return to college to complete his degree. His academic record is outstanding.
SENTENCING GUIDELINES
1. The sentencing range for the count of Robbery is zero to fifteen years. The sentencing range for the count of possession with intent to distribute is zero to twenty years.
2. Options you may consider include:
a. Short term imprisonment in county jail (under one year):
County jail allows work release or home detention, but it has no facilities for vocational training, drug treatment, or other rehabilitation.
b. Longer Term imprisonment in State Prison:
State prison has good rehabilitation and vocational and drug treatment programs, but it does not have home detention or work release options.
c. Other options: Special drug rehabilitation programs involving some combination of incarceration, medical and psychological treatment, and community service.
e. Incarceration and restitution
f. Sentences on the each count may be handed out:
1. Concurrently, so they are served at the same time or,
2. Consecutively, so they are served one after the other.