Weldon Angelos case
Encyclopedia
The Weldon Angelos case was a case involving mandatory minimum sentences presented to the United States Supreme Court. The United States Supreme Court declined to hear the case.
and founder of a rap
record company
, was accused of selling marijuana to a police informant
on several occasions worth a total of $350; the witness stated that Angelos had a firearm
strapped to his body, but no photographs or evidence existed other than his testimony, and Angelos never used or brandished his gun.
However, section 924(c) of the federal code provides for mandatory sentences for dealers who carry firearms during their drug transactions; meaning Angelos, who had no prior criminal record
, was sentenced in November 2004 to a minimum of 55 years to 63 years in prison.
to commute the sentence, calling it "unjust, cruel, and irrational", noting the sentence is much more than the minimum for hijacking, kidnapping
, or rape
. On appeal the United States Court of Appeals for the Tenth Circuit
upheld the sentence. The U.S Supreme Court declined to hear the case. In spite of the fact the supreme court ruled in United States v. Booker
that the federal sentencing guidelines are not mandatory but advisory only, they did not rule that mandatory minimums in the federal code (separate from the guidelines) are themselves unconstitutional, and in this case the facts of the case (Angelos carrying a firearm) were proven before a jury.
Weldon Angelos has a projected release date of 18 November 2051. There is no parole in the federal prison system.
On 29 April 2009, a federal judge denied a request by Angelos for a new trial by rejecting a claim that his trial attorney mishandled plea negotiations with the federal prosecutor, U.S. District Judge Tena Campbell ruled that attorney Jerome Mooney had provided Angelos with "competent and thorough" legal help This is likely one of the last appeals Angelos can launch, thus making it increasingly likely his sentence is final.
know about how this law is being applied and construed in circumstances such as this, which is essentially
one underlying offense.” Judge Vinson
also noted that in such cases the prosecutor can choose the length of the sentence by choosing what number of controlled buys to solicit prior to the arrest of the defendant. Articles also note that prosecutors can solicit controlled buys from an essentially innocent defendant known to carry a gun, thereby inducing a previously innocent person to commit transactions leading to life imprisonment. Proponents argue that 924(c) stacking effectively punishes recidivist offenders and removes them from society. On the other hand, J. Shulhofer wrote that although 924(c) stacking was intended to be applied to repeat offenders, in practise prosecutors actually apply it "on first offenders in borderline situations who may have plausible defenses and are more likely to insist upon trial."
Background
Weldon Angelos, the son of a Greek immigrantImmigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
and founder of a rap
Rapping
Rapping refers to "spoken or chanted rhyming lyrics". The art form can be broken down into different components, as in the book How to Rap where it is separated into “content”, “flow” , and “delivery”...
record company
Record label
In the music industry, a record label is a brand and a trademark associated with the marketing of music recordings and music videos. Most commonly, a record label is the company that manages such brands and trademarks, coordinates the production, manufacture, distribution, marketing and promotion,...
, was accused of selling marijuana to a police informant
Informant
An informant is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law enforcement world, where they are officially known as confidential or criminal informants , and can often refer pejoratively to the supply of information...
on several occasions worth a total of $350; the witness stated that Angelos had a firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
strapped to his body, but no photographs or evidence existed other than his testimony, and Angelos never used or brandished his gun.
However, section 924(c) of the federal code provides for mandatory sentences for dealers who carry firearms during their drug transactions; meaning Angelos, who had no prior criminal record
Criminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
, was sentenced in November 2004 to a minimum of 55 years to 63 years in prison.
Trial and conviction
The judge in the case, Paul Cassell (of the U.S. Court for the District of Utah) sentenced Angelos to 55 years, but said he had no choice but to do so and urged President BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to commute the sentence, calling it "unjust, cruel, and irrational", noting the sentence is much more than the minimum for hijacking, kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, or rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
. On appeal the United States Court of Appeals for the Tenth Circuit
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
upheld the sentence. The U.S Supreme Court declined to hear the case. In spite of the fact the supreme court ruled in United States v. Booker
United States v. Booker
United States v. Booker, , was a United States Supreme Court decision concerning criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be...
that the federal sentencing guidelines are not mandatory but advisory only, they did not rule that mandatory minimums in the federal code (separate from the guidelines) are themselves unconstitutional, and in this case the facts of the case (Angelos carrying a firearm) were proven before a jury.
Weldon Angelos has a projected release date of 18 November 2051. There is no parole in the federal prison system.
On 29 April 2009, a federal judge denied a request by Angelos for a new trial by rejecting a claim that his trial attorney mishandled plea negotiations with the federal prosecutor, U.S. District Judge Tena Campbell ruled that attorney Jerome Mooney had provided Angelos with "competent and thorough" legal help This is likely one of the last appeals Angelos can launch, thus making it increasingly likely his sentence is final.
Justification
In a radio program the prosecutor Robert Lund justified his decision to charge Angelos with a felony carrying a minimum sentence of 55 years for his first marijuana offense on the following grounds:- Weldon Angelos was suspected of gang involvement.
- Weldon Angelos had purchased a Lexus car for $30,000.
- Weldon Angelos had not accepted a 15 year plea bargain.
- Weldon Angelos' girlfriend's house held a duffelbag with 'cannabis shakings.', and the duffelbag would be large enough for two people to crawl into.
924(c) Stacking
The case is an example of what is technically known as 924(c) stacking. In many such cases the jury decides a gun may have been present beyond an acceptable probability of reasonable doubt appropriate for a commensurate sentence, rather than a sentence commensurate with a violent crime. For example in the Prikakis case, Prikakis like Angelos was induced by a paid informant to make three drug sales, it was asserted that a gun was present, this was denied by Prikakis, and the jury decided a gun was present beyond reasonable doubt. It is known in that case that the judge's instructions to the jury did not apprise them to use a standard of reasonable doubt appropriate for a stacked sentence. The judge Vinson later wrote that the jury would have been shocked to learn the of the stacked sentence "I think they would rise up in indignation, as anybody else would, if theyknow about how this law is being applied and construed in circumstances such as this, which is essentially
one underlying offense.” Judge Vinson
also noted that in such cases the prosecutor can choose the length of the sentence by choosing what number of controlled buys to solicit prior to the arrest of the defendant. Articles also note that prosecutors can solicit controlled buys from an essentially innocent defendant known to carry a gun, thereby inducing a previously innocent person to commit transactions leading to life imprisonment. Proponents argue that 924(c) stacking effectively punishes recidivist offenders and removes them from society. On the other hand, J. Shulhofer wrote that although 924(c) stacking was intended to be applied to repeat offenders, in practise prosecutors actually apply it "on first offenders in borderline situations who may have plausible defenses and are more likely to insist upon trial."