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Court Weighs Constitutionality of Tough Marijuana Sentence
November 22, 2005

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News Summary

A 55-year mandatory sentence imposed on a first-time offender who sold marijuana to undercover officers should be declared unconstitutional, lawyers for 26-year-old Weldon Angelos say.

The Denver Post reported Nov. 18 that the 10th U.S. Circuit Court of Appeals will hear Angelos' case. The long sentence was triggered because Angelos was carrying a gun on two occasions when he sold marijuana to police in Salt Lake City.

Some see the case as an example of why judges should have discretion over sentencing, and not be bound by mandatory sentences passed by lawmakers. "I think this could be arguably the harshest sentence ever imposed in this sort of situation," said law professor and sentencing expert Douglas Berman of Ohio State University. "The more that cases like Weldon Angelos' come into the public eye, the more we'll have an understanding that mandatory-minimum sentencing laws are about politics and not sound policy."

Angelos had a gun in his car when he sold 8 ounces of marijuana on one occasion, and a gun in an ankle holster during another sale to informants. He never fired or showed the gun during either deal. He also had other guns in his home.

At trial in 2003, Angelos was convicted of 16 gun, drug, and money-laundering charges. Without the gun charges, he likely would have served six to eight years in prison.

The judge in the case called for Angelos to be pardoned by President Bush and urged Congress to rewrite the sentencing laws. "The court believes that to sentence Mr. Angelos to prison for the rest of his life is unjust, cruel and even irrational," wrote U.S. District Judge Paul Cassell. Twenty-nine former judges and prosecutors have also filed amicus briefs in support of Angelos.

Local prosecutors counter that Angelos was associated with a violent street gang and said his sentence is "not grossly disproportionate to his offenses."

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