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JON M. SANDS

Federal Public Defender

JAY A. MARBLE

Assistant Federal Public Defender

State Bar No. 021202

407 W. Congress, Suite 501

Tucson, AZ 85701-1355

Telephone: (520)879-7500

jay_marble@fd.org

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

vs.

Dana Louis Mattingly,

Defendant.

CR-16-0102-TUC-JAS (DTF)

SENTENCING MEMORANDUM

Sentencing: June 17, 2019

Defendant, Dana Mattingly, through counsel, hereby submits this memorandum 

for his sentencing on June 17, 2019. 

RESPECTFULLY SUBMITTED: June 4, 2019.

JON M. SANDS 

Federal Public Defender

s/Jay A. Marble 

JAY A. MARBLE

Assistant Federal Public Defender

ECF copy to:

Carin Duryee and Arturo Aguilar

Assistant United States Attorneys

Katia Cook 

United States Probation Officer

Case 4:16-cr-00102-JAS-DTF Document 113 Filed 06/04/19 Page 1 of 5
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MEMORANDUM OF POINTS AND AUTHORITIES

I. Traumatic Brain Injury as a young adult

Dana Mattingly suffered a traumatic brain injury (TBI) when he was only 19 years 

old. He was struck by a vehicle when he was riding his bicycle, and he spent several

months in the hospital and endured several surgeries after the accident. Apart from the 

obvious physical injuries and scars that Dana received, his personality changed after the 

accident as well. Family members reported a more impulsive and reckless behavior. His 

interests also changed as well. Unfortunately, his legal problems began to arise not that 

long after he recovered from the accident. It is impossible to be certain of a direct 

correlation with the accident, but Dana’s family believes that he was not the same person 

afterwards. 

Unlike the physical injuries from a serious accident, brain injuries are hard to 

diagnose and treat. In young adults, the TBI can be more significant as recent literature 

suggests that their brains are not fully developed until their early 20s. Maturation of the 

Adolescent Brain, Neuropsychiatr. Dis. Treat. 2013; 9: 449-461. Arain, Mariam, et al. 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3621648/. Without treatment or even 

knowledge of the significant injury, it is difficult to make any changes. Individuals can 

live normal lives afterwards and appear normal, but a TBI changes the individual. 

Literature has also noted an increase in violence to individuals with TBIs. Prevalence of 

traumatic brain injury and mental health problems among individuals within the criminal 

justice system, Concussion, 2016; 1(4): CNC25. McKinlay, Audrey and Albicini, 

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Michelle. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6093757/. In Dana’s case, 

his current medical and neurological conditions establish that the accident and injury was 

a significant event in his young life. Dana does not like to make excuses for his actions, 

but it is difficult to look past his TBI and not presume that it had a significant impact in 

his life. 

 

II. Current Medical Conditions

Dana has several medical conditions that will most likely limit his life expectancy. 

Neurological PET scans show an abnormally high incident of amyloid plaques in his 

brain. A higher incidence of amyloid plaques are commonly found in patients with 

Alzheimer’s disease. Currently, there is no cure for Alzheimer’s disease, and this form 

of dementia impacts thinking, memory and behavior. 

A report from neurologist Dr. Michael Gold explains that Dana’s condition will 

not improve and will only get worse with time. Included declines would include memory 

and cognitive functioning. Dana is aware of his declining memory, and he would like to 

serve his sentence at BOP’s Allenwood, PA facility where he was previously housed. He 

has been participating in their Mental Health Step Down program with success. The 

program at this facility was very helpful for Dana, and it is also closer to his family who 

reside in Kentucky. 

Additional neuropsychological testing by Dr. Marisa Menchola confirmed Dana’s 

troubled memory. While her testing was not completely compatible with an Alzheimer’s 

disease diagnosis, TBIs often show the symptoms of different brain injuries and diseases. 

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They are unique due to the level of injury and also since the injured brain adapts despite 

damage. However, despite the brain being able to adapt, the increased amyloid plaques 

in the brain is troubling because these levels cannot be reversed, and the ultimately lead 

to decreased functioning and death. Based upon these findings, Dana’s prognosis is 

bleak. 

III. Remorse

Dana is very remorseful for his actions. Despite some legal issues with his case, 

he insisted on pleading guilty to the indictment before resolving those issues knowing 

that the required sentence is life in prison without the possibility of parole. 

After the incident, Dana is frequently upset at himself for his impulsive behavior 

and thoughtless act. He felt that the only way to move on from this incident was to plead 

guilty. While he cannot undo his actions, he wanted his decision to show the impact that 

this offense has had on him. He is sincerely remorseful, and he apologizes for his 

behavior. 

CONCLUSION

Dana would like a recommendation to be housed at the Allenwood, PA BOP 

facility to participate in their mental health step down program. He was successful in his 

time there before being transferred to Arizona. He is remorseful for his actions and wants 

the Court to know that he is apologetic. He will have several challenges in prison due to 

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his declining health and medical diagnosis. He is hopeful that his family will be able to 

visit him in Allenwood, PA. 

RESPECTFULLY SUBMITTED: June 4, 2019.

JON M. SANDS 

Federal Public Defender

s/ Jay A. Marble

JAY A. MARBLE

Assistant Federal Public Defender

ECF copy to:

Carin Duryee and Arturo Aguilar

Assistant United States Attorneys

Katia Cook 

United States Probation Officer

Case 4:16-cr-00102-JAS-DTF Document 113 Filed 06/04/19 Page 5 of 5