Pre-Sentencing Investigation 1

Running head: PRE-SENTENCING INVESTIGATION

Pre-Sentencing Investigation

Márcio Padilha

Lewis Clark state College

JS 302 – Wartel

Fall/2010

Pre-Sentencing Investigation 2

PSI NO: 0101010101-10DATE: 10/26/2008SID NO:

NAME: SMITH, PETERAKA: TOOTHY

ADDRESS: 500N 300EBoise, ID 00000

DOB: 05/08/1980SEX: MRACE: WHGT: 6ft 01inWGT: 210HAIR: BLONDESS NO: 123-45-678OTHER: MULTIPLE “SPIDER WEB” TATTOOS ON BOTH ARMS

ADULT CRIMINAL HISTORY RECORD:

A. Adult Person Felonies – 000B. Adult Non-person Felonies – 000C. Adult Person Misdemeanor – 000D. D. Adult Non-person Misdemeanor – 000E. Juvenile Person Felonies — 000F. Juvenile Non-Per Felony – 000

JUVENILE CRIMINAL HISTORY RECORD

Juvenile Adjudications:

1. None known or admitted.

Adult Adjudications:

1. 04/13/2002 Drug Trafficking Boise, Idaho

CRIMINAL HISTORY: (AMPLIFIED)

Entry number 1 is in reference to an investigation which took place in Ada County, Idaho for a period of three months, between January 1, 2002 and April 1, 2002 which led to a subsequent search warrant execution at the defendant’s premises located at 500N 300E in the said county.

Pre-Sentencing Investigation 3

Consistent reports that the defendant engaged in producing and distributing controlled substances out of his residence were received by different law enforcement agencies in Ada County, Idaho which prompted the aforesaid investigation.

During the term of said investigation, it was observed that the defendant consistently engaged in mass production of methamphetamines with intent of distribution for profit.

Upon execution of a search warrant, evidence to the existence of large quantity of methamphetamines and large quantities of cash in the above-indicated premises were found. Along those, other corroborating evidence was located identifying the defendant the main regional methamphetamine producer and distributor in Jerome County.

SUPERVISION SUMMARY:

Regarding the time the defendant has spent in remand awaiting trial, his file reflects positive socio-cognitive development in terms of acknowledging and addressing his criminal thinking. Correctional officers further note that the defendant has learned to address his anger issues properly, posing no seeming threat to others any longer.

PENDING CHARGES:

None known.

LEGAL SUMMARY:

Date of Finding or Plea of Guilty: On 04/13/2002, the defendant was found guilty of Drug Trafficking by a jury trial.

SCOPE OF CRIME:

Fourth Judicial District in Boise, Ada County, Idaho: Case No. 0123456789-00 – Count I Drug Trafficking.

See Amplified Criminal History Entry Number 1.

Regarding case no 123456789-00, there is no indication that alcohol and/or drugs played a role in the commission of this offense.

PROBATION VIOLATION INFORMATION:

Not applicable.

DEFENDANT’ S STATEMENT:

The defendant chose not to make a statement.

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ACCOMPLICES/CO-DEFENDANTS:

None.

VICTIM’ S STATEMENT/DAMAGES:

Not applicable.

SOCIAL PROFILE:

The defendant was born on May 8, 1980 in Laramie, Wyoming to Mary (Jones) Smith and John Smith. Defendant’s parents divorced when he was circa 6. Both parents remarried. Altogether, defendant has eleven (11) siblings, being five (5) male, five (5) female and one (1) transgender. Defendant attended Laramie High School, but did not graduate. With the 10th grade as his highest degree of education, defendant reports no further training or ever achieving a General Education Diploma. Defendant was briefly married to Sarah Kostelecky in April 2000, divorcing three months later. To “the best of his knowledge,” defendant reports having fathered no children.

SUBSTANCE ABUSE:

Alcohol: The defendant reports drinking alcohol moderately, primarily in social occasions, denying any personal history of alcoholism.

Drugs: The defendant reported he started using THC recreationally at approximately 15 years of age, claiming that “the harder stuff is only for stupid people.” Defendant further acknowledges continued use of only THC and nothing else over the years.

PHYSICAL/MENTAL HEALTH:

Physical: Defendant claims to be in good physical health and denies suffering from any physically disabling conditions.

Mental: The defendant denies suffering from any form of mental disorder.

GUIDELINES APPLICATION:

Amendment to Section 37-2732B of the Idaho Code states that “Any person convicted of trafficking in methamphetamine and/or amphetamine by manufacturing shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and not to exceed life imprisonment and fined not less than twenty-five thousand dollars ($25,000).”AGGRAVATING FACTORS:

Severity of the Idaho Code concerning the offence at hand.

Pre-Sentencing Investigation 5

MITIGATING FACTORS:

Defendant’s age and lack of documented criminal history; defendant’s rehabilitation potential.

RATIONALE/RECOMMENDAT ION:

In light of the terms of the Idaho Code and of the defendant’s lack of prior documented criminal history, it is hereby recommended at this point that the minimum sentence be imposed with a stipulated recommendation that it be reviewed by the competent parole board as soon as it is legally feasible to do so.

Throughout the course of his incarceration, nonetheless, it is further recommended that the defendant be ordered to participate in all educational and psycho-social rehabilitative programs available. Thus, once compliance with the minimum mandatory sentencing requirements in Idaho will have been met, the defendant will have been given a greater opportunity for social reintegration which should weigh favorably in his parole hearing.