The memorandum should start with abriefsummary of the facts, thenanalyze and justify the recommended punishment and incarceration for a defendant charged with robbery and possession with intent to distribute cocaine.

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 six-months of 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.

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:

3-403. Robbery with dangerous weapon

5-602. Manufacturing, distributing, possession with intent to distribute, or dispensing controlled dangerous substance

(Consult Westlaw for statutory language and penalties)

The memorandum must refer to, and cite to, at least 2 resources 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