Judge assails sentencing laws

He reluctantly imposes a 55-year prison term

Published: Wednesday, Nov. 17 2004 12:00 a.m. MST

Attorney Jerome Mooney talks to the media after his client Weldon Angelos was sentenced to prison, calling the virtually lifelong term unjust.

Tom Smart, Deseret Morning News

A Utah federal judge on Tuesday reluctantly imposed a 55-year mandatory-minimum sentence on a first-time drug offender, but not before delivering a scathing rebuke on the sentencing laws that mandate the term.

"To sentence Mr. Angelos to prison for essentially the rest of his life is unjust, cruel and even irrational," U.S. District Judge Paul Cassell said.

That said, however, Cassell said he had no choice but to follow the statutes and sentence 25-year-old Weldon Angelos to prison for more than half a century. But in doing so, he called on President Bush to commute Angelos' sentence to one more in line with his crime. The judge suggested 18 years and asked Congress to revisit the mandatory-minimum laws that required the term.

The sentence was handed down in front of a full courtroom of Angelos' family and friends, as well as legal observers, many of whom expected Cassell to declare unconstitutional the mandatory-minimum sentencing laws that governed Angelos' sentence.

Angelos' loved ones, including his wife and two young sons, were in tears upon hearing Cassell's decision. Defense attorney Jerome Mooney also expressed disappointment.

"We just saw the effect of a Congress concerned about their seats and re-election instead of justice," Mooney said, saying the harsh sentencing laws prove legislators are more concerned with being viewed as tough on crime rather than the imposition of fair punishments on criminal offenders.

To mandate a term that would keep the young father behind bars until he is 80 years old, Mooney said, is "unjust, and Congress should be ashamed of themselves."

Angelos, the founder of the Utah-based rap music label Extravagant Records, initially faced at least a 61 1/2-year sentence for the 16 criminal counts of which he was convicted in December. The bulk of that term — the 55 years imposed Tuesday — is based on just three firearms charges for carrying a gun during two drug sales and for keeping additional firearms at his Fort Union apartment.

Cassell imposed just one day for the additional 13 drug, firearm and money-laundering charges.

The case has garnered the attention of legal experts across the country, who have been following Cassell's moves since June, when he declared the federal sentencing guidelines unconstitutional in the case of a Utah man convicted of child pornography. That ruling came on the heels of a U.S. Supreme Court decision that called the constitutionality of the guidelines into question.

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