Tag Archives: Mandatory Minimum Sentences

Judge Who Sentenced Man to 55 Years for Pot Asks Obama to Set Him Free

In 2002, then-24-year-old Weldon Angelos, a rap record label founder whose career was taking off after a collaboration with Snoop Dogg, sold $350 worth of pot to a police informant who happened to be a lifelong acquaintance on three separate occasions while in possession of a firearm for self defense.

Due to mandatory minimum sentencing laws, Angelos was arrested and sentenced to 55 years without the possibility of parole. Since then, Angelos has become a symbol of the injustice of mandatory minimum sentences. Those supporting his early release include U.S. Sens. Mike Lee (R-Utah) and Rand Paul (R-Ky.), the billionaire Koch brothers, and even former federal judge Paul G. Cassell, who sentenced him in the case.

[RELATED: Koch Brothers Launch Fight for Justice for Man Sentenced to 55 Years for Pot]

According to The Washington Post, ex-judge Cassell wrote a letter to President Obama on Tuesday asking him to commute Angelos’ sentence.

In 2004 when I was forced to impose that sentence, I wrote a lengthy opinion explaining why that sentence was ‘unjust,’” wrote Cassell. “Indeed, at the time, I wrote that ‘to correct what appears to be an unjust sentence, the court also calls on the President—in whom our Constitution reposes the power to correct unduly harsh sentences—to commute Mr. Angelos’ sentence to something that is more in accord with just and rational punishment.’ Now that Mr. Angelos has served more than twelve years in prison, I once again want to call on you to commute his sentence. I thus write in strong support of a clemency petition that he has filed.

The underlying problem in the Angelos case can be traced back to the [charge] ‘stacking’
feature of the crimes for which Angelos was convicted. As illustrated by his case, he
was able to rack up decades of prison time by possessing a gun in several separate
criminal offenses, even where those offenses are all essentially part of the same episode,” Cassell added.

Koch Industries attorney Mark Holden piled on in support of Angelos and said, “Judge Cassell’s letter articulates well the grave injustice involved in Weldon’s prison sentence.

Cassell’s letter to President Obama concluded, “In 2004, when I sentenced Mr. Angelos, I thought his sentence was ‘cruel, unjust, and irrational.’ I am even more firmly convinced of that conclusion today, when the Angelos case has been widely discussed as a clear example of an unduly harsh sentence. Because his appeals have been exhausted, the only solution for Angelos is a Presidential commutation. I urge you to swiftly commute his sentence.

[RELATED: DONEGAN: 46 Non-Violent Drug Inmates Freed, Thousands Upon Thousands Still Incarcerated]

Weldon’s sister Lisa Angelos wrote in a Change.org petition urging his release, “Senators Mike Lee and Orrin Hatch of Utah, and dozens of prominent celebrities, activists, book authors, legal scholars, business leaders (including Koch Industries), and former elected and appointed government officials have joined Judge Cassell in calling on President Obama to release Weldon from prison. But that hasn’t happened yet. After 12 years, Weldon is still in prison. It breaks my heart. My father feared he would die without ever seeing Weldon free from prison. And on January 4, 2015, that’s exactly what happen. Our father died without seeing his son free from behind bars.

Obama administration spokesperson Brandi Hoffine told The Washington Post that the President does not comment on cases that are still pending and said, “The President expects to continue to issue commutations throughout the remainder of his time in office. But, clemency is just one of the tools the administration is using to address the vast inequities in the criminal justice system. We will also continue to work toward comprehensive reform of the criminal justice system in Congress.

DONEGAN: 46 Non-Violent Drug Inmates Freed, Thousands Upon Thousands Still Incarcerated

President Obama recently began a push for criminal justice reform by granting clemency last week to 46 hand-chosen non-violent low-level drug offenders serving extraordinarily long sentences, and by becoming the first U.S. president to visit a federal prison during last Thursday’s trip to the El Reno Correctional Institution in Oklahoma.

When [these inmates] describe their youth, these are young people who made mistakes that aren’t that different from the mistakes I made, and the mistakes that a lot of you guys made. The difference is that they did not have the kind of support structures, the second chances, the resources that would allow them to survive those mistakes,” said President Obama according to The Wall Street Journal.

Obama’s emerging approach on low-level drug offenders is a welcome deviation from the big government policies that he has largely pursued under his presidency. However, the brave first step he’s taking in unwinding a broader War on Drugs that has warped the U.S. criminal justice system by attempting to use the threat of jail to impose healthcare best practices is a baby step at best. The Atlantic estimates that 95,265 non-violent drug inmates are currently languishing in federal prisons, and a vast array of federal War on Drugs policies remain in place, meaning that number is still set to climb over time. Also, U.S. states continue to imprison Americans under harsh state-level drug laws that have already impacted countless inmates. The above-embedded Truth in Media Consider This video puts into perspective some facts about the incarceration of non-violent offenders under the War on Drugs.

Some inmates rot away in cells on marijuana charges while Americans in other states freely consume commercially-produced edible cannabis products, exposing a rising contradiction in U.S. law as marijuana prohibition begins to face repeal in a growing number of states.

The criminalization of victimless activity such as drug use has empowered law enforcement officers to launch arbitrary criminal investigations against virtually anyone during any traffic stop or police encounter, rather than on the basis of reports by victims, changing the nature of the relationship between police and citizens. Now, some citizens fear that, if they call the police to report a crime, they too could become a suspect in a criminal investigation. The days of Andy Griffith are a thing of the past, as armor-clad officers now routinely batter down Americans’ doors in the middle of the night in sometimes-unannounced, guns-drawn raids.

African-Americans and Latinos are targeted at disproportionate levels under arbitrarily-enforced War on Drugs policies. Lost voting rights by drug felons represent significant levels of voter disenfranchisement, particularly among demographic groups like African American males who are typically subjected to profiling.

Meanwhile, the War on Drugs has failed at its goal of improving U.S. health outcomes. Addicts are more likely to hide their addictions to avoid incarceration. Witnesses to drug overdoses sometimes fail to call emergency services out of fear of prosecution by law enforcement, leading to needless fatalities. Drug cartels, fat with profits from providing illegal drugs to addicts, use their funds to purchase advanced weapons with which to terrorize Americans. Terrorist organizations use prohibition’s drug profits to finance their attacks on the U.S. and other nations.

[RELATED: N.H. Governor Signs Bill Granting Immunity for Victims, Witnesses Reporting Drug Overdoses]

President Obama has started a crucial conversation on the next steps that should be taken in unwinding an over-reaching federal War on Drugs. Restoring voting rights to non-violent felons, reforming sentencing guidelines, and letting states relax marijuana prohibition laws are all important policy moves. That said, these policies alone will not significantly transform a status quo where US drug laws now have their own lobbyists from the law enforcement and private prison industries who invest in politicians’ campaigns in an effort to obtain lucrative federal and state contracts.

Instead of discussing whether non-violent inmates are spending too long in jail for healthcare mistakes made with drugs, America should confront the broader issue of whether or not we should be incarcerating people for victimless “crimes” in the first place, at both the state and federal levels. While drug addiction is a serious issue that impacts countless families, it is a healthcare issue, and state and federal law enforcement resources are needed right now to tackle the very real violent and property crime threats that confront Americans.

History will remember the War on Drugs as a human rights disaster. Politicians in the future will pretend they never supported it. It is time to roll up our sleeves and begin the hard work of unwinding these laws nationwide on the state and federal levels.