Purpose

The purpose of this project is to conduct research, draft a memorandum, evaluate and make recommendations relevant to a client's case.

Course Outcomes Satisfied by this Project

• Evaluate situations and make recommendations about possible crimes and defenses.
• Make recommendations regarding investigation and trial preparation for criminal litigation.
• Research and draft memos that identify and analyze criminal substantive and procedural issues.

Background:

Holland has been working diligently on Bob Forman's robbery and drug possession case.(Refer to Facts in Project 1, week 6, for background and facts in the arrest case.)

Bob's trial will begin soon and he has asked Holland about possible sentencing in his case,if he is convicted.Bob is considering pleading guilty to the crimes with which he is charged, as part of a plea agreement. Bob wants to ask for leniency but is willing to serve some time in jail or prison.

Holland tasks you with researching and analyzing the probable recommended punishment and incarceration for a defendant charged with robbery and possession with intent to distribute cocaine.

You are to present your analysis in a memorandum to Holland that he can use it as a basis for further meetings with his client, Bob Forman.

Facts:

DEFENDANT PERSONAL BACKGROUND INFORMATION:

The defendant, Bob Forman, 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 did well in high school. He attended college for two years but had to drop out when his girlfriend became pregnant with his child. Bob 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.He began using cocaine two years ago with his neighbor who introduced him to cocaine.

A year ago, as an adult, Bob was convicted for misdemeanor shoplifting and placed on six-month 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, Bob has 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 caf; he has plans to return to college to complete his degree.His academic record is outstanding.

(Facts in Project 1) Background:

Holland has represented Bob Forman in the past.Bob consulted Holland recently reporting that he has been arrested and charged him with robbery.Bob reported that he had confessed to the robbery.

Holland and you met with Bob who reported that his friend, Pat Hester, is a potential witness.

Holland wants you toprepare a legal memorandum discussing the motion to suppress the physical evidence and Bob's confession to the robbery.

The facts in Bob's case follow.

Facts:Bob and his best friend, Pat Hester, were walking in a high-crime area in Baltimore, Maryland at 11:00 p.m. Bob was carrying a backpack, and Pat was carrying a small brown paper bag. Both were dressed in jeans and black hoodies.They saw a police car approaching them, and Pat threw the brown paper bag into the bushes beside the road.

Officer Smith saw Bob and Pat walking down the street. Officer Smith has patrolled this area for the last five years and knows that area and that drug crime is rampant in this area of Baltimore. As Officer Smith drove past the two males, he witnessed one man toss an item into the bushes. Officer Smith stopped, exited the patrol car, and asked, "What are you two doing out so late?"Neither Bob nor Pat answered.

Office Smith saw an object in the pocket of Bob's hoodie, and he did a pat-down for weapons.Officer Discovered that Bob had a bottle of Coke and a bag of chips in his pocket.

Office Smith saw the brown paper bag in the bushes and picked it up.It contained two ounces of cocaine.

Officer Smith asked Bob if he could look into the backpack, and before Bob could say anything, Pat stated, "I guess so. Do we have a choice?" Officer Smith, without saying a word, looked in the backpack and found clothes, an iPad with headphones, and a MacBook computer.

Officer Smith ordered Bob and Pat to sit on the curb while he returned to his patrol car to run a suspect check. Officer Smith, while sitting in his patrol car, received a dispatch that a robbery has just occurred a few blocks away from his location.The items stolen were described as the same items that he found in Bob's backpack.

Officer Smith promptly arrested Bob and Pat for robbery and possession of cocaine. After calling for another officer, Bob and Pat were placed in separate patrol cars.

Officer Smith and Bob recognized each other from the cafe that Officer Smith frequents for breakfast.Bob works as a waiter at the cafe. Officer Smith and Bob struck up a conversation and Officer Smith told him, "I know you're a good guy. I'll put in a good word for you with the prosecutor if you come clean and tell me where you got the backpack".Bob immediately blurted out, "You know I didn't want to grab the backpack from that kid, but Pat made me do it because I owe him money.I feel really bad about it since I have a kid of my own. Will you put a good word in for me?"

CHARGES AGAINST THE DEFENDANT:

On January 1, 2016, Bob was arrested with his best friend, Pat Hester, by Officer Andrew Smith in Baltimore, Maryland.Bob is charged with one count of Robbery one count of Possession with Intent to Distribute Cocaine.

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.

INDICTMENT AGAINST DEFENDANT:

Count 1 - Robbery

Bob Forman on January 1, 2016, in Baltimore City, Maryland 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, Maryland, 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.

SENTENCING GUIDELINES:

1. The sentencing range for the count of Robbery is 0-15 years.

The sentencing range for the count of Possession with Intent to Distribute is 0-20 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.

d. Incarceration and restitution

3. Sentences on 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.

Instructions:

The memorandum should analyze and justify the recommended punishment and incarceration for a defendant charged with robbery and possession with intent to distribute cocaine.

The memorandum must refer to, and cite to, at least 2resources or references that support your sentencing recommendation.

The memorandum should address the following items:

I.Reasons for incarceration based on a theory of punishment (i.e., retribution or deterrence, etc.) regarding:

• Charge of robbery
• Charge of possession with intent to distribute cocaine

II.Length of incarceration regarding:

• Charge of robbery
• Charge of possession with intent to distribute cocaine

III.Recommendation of type of facility for incarceration (i.e., maximum security, minimum security, rehabilitation, medical or drug treatment, or behavioral health) regarding:

• Charge of robbery
• Charge of possession with intent to distribute cocaine

IV.Likelihood of recidivism regarding:

• Charge of robbery
• Charge of possession with intent to distribute cocaine

V.Impact of crime on victim(s) regarding:

• Charge of robbery
• Charge of possession with intent to distribute cocaine

VI.Other factors to be considered for sentencing regarding:

• Charge of robbery
• Charge of possession with intent to distribute cocaine

Format

INTER-OFFICE MEMORANDUM

TO:Beckett Holland, Esq., Supervising Attorney

FROM:[Your Name], Paralegal

DATE:

RE:Sentencing Recommendation in Bob Forman Case

I.

II.

III.

IV.

V.

VI.