Sentencing: US Supreme Court Lets Stand Pot Dealer's 55-Year Mandatory Minimum Sentence

The US Supreme Court Monday refused to hear an appeal of a 55-year mandatory minimum sentence for a Salt Lake City marijuana dealer who carried a pistol in his boot during his transactions. The decision not to hear the case disappointed observers in the legal community who hoped it would lead to a constitutional review of mandatory minimum sentencing laws.

Weldon Angelos was a would-be rap music empresario and father of two children who also peddled pot. He was indicted on multiple marijuana distribution charges and, because of the gun in his boot, multiple charges of possession of a weapon during the commission of a felony. There is no evidence Angelos ever shot or killed anyone with his weapon, or even brandished it. But federal law requires a mandatory five-year sentence for a first weapons count, followed by mandatory 25-year sentences for each additional count.

Angelos refused a plea deal and was found guilty of the marijuana dealing counts and three weapons counts. When sentencing Angelos to the mandatory minimum 55 years in 2002, US Circuit Court Judge Paul Cassell issued a lengthy opinion protesting the injustice of sentencing the 26-year-old to a life behind bars.

Angelos appealed, but in a January 2005 opinion, the 10th US Circuit Court of Appeals in Denver rejected his argument that his sentence violated the Eighth Amendment's ban on cruel and unusual punishments. When he appealed to the Supreme Court, Angelos was joined by more than 140 top former justice officials from across the country, including four former US attorneys general, a former FBI director and other former federal judges and prosecutors who sided with him in a friend-of-the-court brief filed with the court in October.

By refusing to take the case, the Supreme Court has signaled that it views decades-long prison sentences for nonviolent marijuana dealers as okay, and that wasn't okay with a substantial segment of the legal community. "We are very disappointed that the Supreme Court refused to hear this case in which a low-level marijuana offender received what is effectively a life sentence," said Jeff Sklaroff, an attorney representing the group that filed the brief, in remarks reported by the Deseret News.

Angelos' attorneys were similarly unhappy. "We are extremely disappointed that the Supreme Court did not agree to hear the case," University of Utah law professor Erik Luna said. "This case presented a great opportunity for the Supreme Court not only to correct this miscarriage of justice but also to clarify the scope of the Eighth Amendment's ban on cruel and unusual punishment."

"We hope that Congress will realize the injustice caused by its mandatory-minimum scheme and dispose of it without the court having to intervene," said attorneys Troy Booher and Michael Zimmerman, a former chief justice of the Utah Supreme Court, in a statement Tuesday.

But federal prosecutors were happy. "We are pleased that the Supreme Court denied the petition," US Attorney for Utah Brett Tolman said. "Congress has determined that armed drug trafficking is a particularly serious offense that warrants severe punishment."

Now, Angelos is facing decades in prison. He can appeal his conviction and sentence in a writ of habeas corpus, but such an appeal would go before the same courts that have already upheld them. Or he can seek a presidential pardon.

Or, when sanity finally comes to American drug sentencing practices, we can make sure to write in retroactivity for still-serving prisoners like Angelos.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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Keep the guns at home.

Weldon Angelos had a gun. That IS a crime, youve changed everything by carrying a wepon. I feel for the kids, he should of thought about that ...
If you have to pack to do business then your working the wrong people or place. Things go wrong and can get real ugly
real fast.

"Alaskans,hold me accountable.And right back at ya. I'll expect a lot from you too. Take responsibilty for your families and for your futures." Gov. Palin Ak."

OMG for serious?

"Weldon Angelos had a gun. That IS a crime."

Wow. So the 2nd Amendment means nothing to you? "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." How is it against the law to carry out your RIGHT AS AN AMERICAN CITIZEN?

8th Amendment : "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." You really think that 55 years for someone who only had one non-violent juvenille charge is not cruel and unsual?

"If you have to pack to do business then your working the wrong people or place. " Hmmm OK, well if he gets robbed, what is he supposed to do, call the cops? What if someone else wanted to shoot him for no reason? You want him to be unprotected? You know there was no proof that he even had the gun with him during the deal? And one of the guns was found AT HIS OWN HOME, and he got charged for having it. And he even had a liscence to have it.

I get so frustrated when I see this kind of insentivity; people jumping to conclusions. You don't even know him, or his background and you are like "f**k yeah, let him die in prison." For selling A PLAANNNNTTTT!!!!! He was trying to make things better. He encouraged fellow rappers to rap about life, and not about b**tches, guns and bling. He was starting a record label and was trying to take care of his family. And you don't even care.

You don't care that this affects EVERYONE. This isn't just about how he got totally screwed. It's about how his rights were trampled, and that can go over to you. It's about how even the Judge felt this was totally insane and he couldn't even do anything because of mandatory minimums. He got more time than a child molester!

*shakes head*

It's amazing that people can get in more trouble for using a natural plant than raping a 10 year old child.

55 year sentence and Mandatory minimums

Does the term "cruel and unusual punishment" mean nothing anymore? I know that we have been systematically eradicating the bill of rights under the constitution over the last few decades but 55 years for carrying a gun while selling pot is grossly excessive by any measure. The fact that our courts ignore that show how extreme our judiciary has become. In looking at both sides, I could see if this was a drug kingpin and/or they were certain that the defendant had committed violent crimes or murder but just couldn't prove it. That might justify in some ways having punishments like this on the books. It certainly wouldn't be the first time that the justice system has jailed who they are certain is a very bad criminal for crimes other than which they want to convict them on. A 26 year old wanna be rap impressario doesn't strike me as falling into the category but I guess that you would have to ask the detectives involved. However, if we are going to sentence people convicted of drug crimes to 15-30 or 55 year sentences for non-violent crimes, there should be a law on the books that makes actual convicted murderers, violent felony offenders, and sex criminals, especially serial pedophile offenders first on the list to serve these long sentences before drug offenders. When you jail a person for drugs for either a few years or half a lifetime, someone steps in to take their place so there is no logic there. This is not the case with violent or sexual offenders. Why not have them doing the long stretches? At $20-35,000 and more per inmate in costs to the taxpayer, what is the point of having the jails full with half a million or so drug or drug related offenders who are replaced the minute that they are arrested? Can you do the math on the costs of that? Prison is now a profit center like everything else in this country. Yes, in a just society there should be punishment for breaking the law but it should be commensurate with the offense, as it is written in our constitution and as it used to be before the current regime of nitwits. As an alternative, I would like to see soft drugs such as pot legalized to create tax revenue and balance our out of control debt and hard drugs regulated and prescribed by clinics to addicts to reduce the gangs and crimes on citizens that addication creates (burglary, robbery, shoplifting, car jacking etc. Do we now have a prohibition or war on common sense?

Wake up Supreme Court!

He would not have been carrying that weopon if marijuana was not unjustly prohitited.

A 55year MMS does not fit the crime.

People who rape little boys and girls have less than a 10year MMS, most of the time....

Confused-
Adam

Sorry Supreme Court

The Chief Justice's brother-in-law died when he drove off the Tappan Zee Bridge in a late model Landrover (Chief Justice Roberts' wife is from the Borough of the Bronx, where "wise-guys" once tried to nullify their case because on the paperwork, "the" was left off, or something like that. It's also where the Capitol Dome was made and then erected by a Bronx firm, Janes and Kirtland, for President Lincoln, replacing the "hat box" there, after a number of other cast iron capital improvements) which we have heard nothing about, occurring prior to his hearings and appointments. Was alcohol to blame or recent "labour" problems at the factory? Why should this man, who hurt no-one physically and probably mentally, at last citation, no one has "drank themselves to death" (also an early colonial term for "smoking") using what used to be part of American history, Kentucky was once known as "The Hemp State" useful when manila rope was unavailable and John Augustus Roebling had yet to invent the wire cable which became hemp's replacement.

I think the Supreme Court should reconsider this case and reflect on the Washington State appellate case they overturned back in the 1970s over the "Peace symbol" placed on the sixth story American flag by a native American, ruling the defendant was within his Constitutional rights of expression. In many jurisdictions it was also once within our thought Bill of Rights rights to carry a concealed weapon to protect oneself from outlaws the law had no control over, also depicted in our Hollywood Westerns.

this is crazy

in amsterdam you get a slap on the wrist. IN the Us of suck its 55 years. something is horribly wrong here

Should be 1 count not 3

Ok he had a gun in his boot during the during the drug deal that got him busted. The other 2 guns were locked in a safe. They weren't accessable to use so they shouldn't be admitted as to possession of during the crime. And there is no proof of possession of a gun during the other 2 drug deals to the undercover officer. He should be out already for the one count. Also I realize the 2nd Ammendment allows for owning guns, I am a gun owner myself. But it is not there to own and possess during the commission of any crime. He should be set free on the grounds that he has already paid his "Debt to Society". Thanks for reading and allowing me to comment.

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