![]() ![]() It is also far in excess of the sentence imposed for such serious crimes as aircraft hijacking, second degree murder, espionage, kidnapping, aggravated assault, and rape. The 55-year sentence substantially exceeds what the jury recommended to the court. Adding 55 years on top of a sentence for drug dealing is far beyond the roughly two-year sentence that the congressionally-created expert agency (the United States Sentencing Commission) believes is appropriate for possessing firearms under the same circumstances. Angelos to prison for the rest of his life is unjust, cruel, and even irrational. Under § 924(c), the three counts produce 55 years of additional punishment for carrying a firearm. § 924(c)-which requires the court to impose a sentence of five years in prison the first time a drug dealer carries a gun and twenty-five years for each subsequent time. In support of its position, the government relies on a statute-18U.S.C. Angelos to a prison term of no less than 61 ½ years-six years and a half (or more) for drug dealing followed by 55 years for three counts of possessing a firearm in connection with a drug offense. Specifically, the government urges the court to sentence Mr. Angelos should essentially spend the rest of his life in prison. For these three acts of possessing (not using or even displaying) these guns, the government insists that Mr. Angelos earned a handgun to two $350 marijuana deals the third when police found several additional handguns at his home when they executed a search warrant. But there are three additional firearms offenses for which the court must also impose sentence. Angelos should serve about six to eight years in prison. Because he was convicted of dealing marijuana and related offenses, both the government and the defense agree that Mr. ![]() He is a twenty-four-year-old first offender who is a successful music executive with two young children. Recommendation for Legislative Reform.1262 CONCLUSION.1263 10 Introduction 11ĭefendant Weldon Angelos stands now before the court for sentencing. Recommendation for Executive Commutation. Recommendations to Other Branches of Government. Application of the Harmelin Factors in Light of Davis. Comparison to Penalties for Other Offenses. Angelos' Offenses and the Contemplated Penalty. ![]() Demeaning Victims of Actual Violence and Creating the Risk of Backlash. Irrational Classifications Between Offenders. Angelos Effectively Receives a Life Sentence Under § 924(c). The Court's Obligation to Search for a Rational Basis. Equal Protection Review of Criminal Statutes. Angelos' Equal Protection Challenge to the Statute. Legislative History and Judicial Interpretation of § 924(c). § 924(c) UNCONSTITUTIONAL, IMPOSING SENTENCE, AND RECOMMENING EXECUTIVE CLEMENCY 8 CASSELL, District Judge. 7 MEMORANDUM OPINION AND ODER IMPOSING DENYING MTION TO FIND 18 U.S.C. Mooney, Mooney Law Firm, Salt Lake City, UT, for Defendant. Rimm, Greenberg Traurig LLP, New York, NY, amicus. 345 F.Supp.2d 1227 (2004) 2 UNITED STATES of America, Plaintiff, ![]()
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