From Deseret News archives:
Top court won't hear Salt Lake man's drug case
The case of Weldon Angelos, who was sentenced to a mandatory 55 years for selling marijuana, was among a list of cases released Monday that the U.S. Supreme Court rejected for consideration, shocking many in the legal field who say a constitutional review of minimum-mandatory federal sentences is long overdue.
Attorneys representing Angelos expressed disappointment in the news, calling it a "miscarriage of justice."
"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."
Many legal experts had hoped that Angelos' case would be the first test case challenging mandatory sentences imposed by Congress. In this case specifically, it was the heavy punishment handed down for those who sell drugs with a firearm in their possession that minimum-mandatory opponents hoped would be reviewed.
"Even the judge who imposed the sentence found that it was 'cruel, unjust and irrational,"' Sklaroff pointed out.
Angelos was convicted of selling 8-ounce bags of marijuana to an undercover informant on three occasions. Because the informant later testified that Angelos had a gun with him during two of the sales, a federal mandatory law kicked in.
When Angelos was sentenced in 2002, U.S. District Judge Paul Cassell issued a lengthy legal opinion, outlining his protest to a sentence that could mean the 26-year-old could be well into his 70s before being released.
Attorneys Troy Booher and Michael Zimmerman, a former chief justice of the Utah Supreme Court, shared in the disappointment. "We hope that Congress will realize the injustice caused by its mandatory-minimum scheme and dispose of it without the court having to intervene," they said in a statement.
Comments
- Two American pilots die in Iraq 12:47 a.m.
- Murder suspect is vetran, avid skier 12:47 a.m.
- MLB: Zambrano's mom kidnapped 12:32 a.m.
- Lambert surprisingly tops news 12:25 a.m.
- Philadelphia transit strike ends 12:25 a.m.
- TCU 4th in AP poll; U. 16th, Y. 22nd 12:24 a.m.
- 12 high schools ready for 'The Turf' 12:17 a.m.
- RSL unfazed by conference final 12:17 a.m.
- Korver and Miles to be evaluated 12:17 a.m.
- Today on TV 12:13 a.m.
- Gay advocates trek to LDS office
216 - House passes health care bill
201 - Lobo suspended
173 - Cougars crush hapless Cowboys
151 - Utah Jazz fall apart against Kings
129 - RSL rallies to advance
103 - Thousands protest health bill
102 - Provo company innovating engines
101 - Utes pound winless Lobos
89 - BYU cuts Women's Research Institute
88
Why do so many people live so close to refineries in Utah and elsewhere?
NASA's Stardust probe continues to bring new knowledge about the nature...
STOP blaming the Democrats, BLAME THE REPUBLICANS FOR 8 YEARS DOING NOTHING...
The best way to break the law is to become someone who enforces the law.
It's a real shame so many folks have never gotten out and gotten to know the...
It's all talk... you do not have any evidence for your claims. You assume...
Maybe if you could bat .408 in the major leagues, you too would be paid a...
I prefer the “Wizard of Earthsea” quartet by Ursula Le Guin, an...
The bottom line question that no one can possibly answer is; what will be the...
It looks to me like special treatment.
Jazz will have a tough week, with what should be a easy win against the...
I am very excited for this game. As much as I want the Utes to win, it won't...



You can be the first to comment on this story.