Professional Documents
Culture Documents
Pre-Sentencing Investigation
Má rcio Padilha
JS 302 – Wartel
Fall/2010
Pre-Sentencing Investigation 2
DOB: 05/08/1980
SEX: M
RACE: W
HGT: 6ft 01in
WGT: 210
HAIR: BLONDE
SS NO: 123-45-678
OTHER: MULTIPLE “SPIDER WEB” TATTOOS ON BOTH ARMS
Juvenile Adjudications:
Adult Adjudications:
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:
SCOPE OF CRIME:
Fourth Judicial District in Boise, Ada County, Idaho: Case No. 0123456789-00 – Count I
Drug Trafficking.
Regarding case no 123456789-00, there is no indication that alcohol and/or drugs played a
role in the commission of this offense.
Not applicable.
DEFENDANT’ S STATEMENT:
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.
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:
MITIGATING FACTORS:
RATIONALE/RECOMMENDATION:
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.