June 22, 2005
Amicus filing in Angelos mandatory minimum case
I posted here last week the brief filed in the 10th Circuit by the lawyers for Weldon Angelos, the 25-year-old first-time offender sentenced to 55 years imprisonment for marijuana sales under applicable federal mandatory minimum sentence statutes. Back in November the Angelos case made headlines because Utah District Judge Paul Cassell wrote a lengthy opinion in the Angelos case in which he lamented that he was compelled to impose sentence he considered to be cruel, unusual, and irrational. (More background is here, and commentary here and here.)
Tonight I see news here and here reporting that an amicus brief was filed today in the Angelos case on behalf of "163 former U.S. attorneys general and retired federal judges and prosecutors." The brief urged the 10th Circuit "to vacate the sentence of Weldon H. Angelos, saying it violated the Eighth Amendment ban on cruel and unusual punishment." I will post this amicus brief, which I suspect will be similar to the amicus filing submitted to Judge Cassell, when I can get my hands on a copy.
UPDATE: The amicus brief can now be accessed in this post.
June 22, 2005 at 09:42 PM | Permalink
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I will anxiously await the posting of that appellate amicus brief. I anticipate that it will use Booker to buttress the arguments against the constitutionality of mandatory minimum sentences. I highlight that this may be the first time in a public filing signed by such noteworthy folks that the mandatory sentencing scheme has been challenged. I also underscore that the amicus brief in particular lays an important groundwork for arguments to challenge the mandatory minimum sentencing scheme in this country, particularly in the post-Booker world. Please post the appellate amicus brief soon!
Posted by: Dennis Terez | Jun 23, 2005 11:19:59 AM
Defense Attorney kupferberglaw.com Interesying & Informative
Posted by: steven kupferberg | Aug 29, 2010 10:57:23 PM