By Lindsay Whitehurst, The Associated Press
SALT LAKE CITY — A former federal judge who gave a Utah music producer 55 years in prison for bringing a gun to marijuana deals asked the president to commute the sentence Tuesday, the latest appeal in a case held up as an example of problems with mandatory minimum sentencing laws.
Paul Cassell, now a law professor, said in a clemency petition letter that he was deeply troubled by the lengthy sentence he was forced to hand down in 2004 to Weldon Angelos, then a 24-year-old father of three.
The sentence he called “unjust, cruel, and even irrational” was the main reason Cassell stepped down from the bench after five years. Angelos got a longer prison term than people convicted of crimes such as kidnapping, rape and second-degree murder, Cassell said.
“When the sentence for actual violence inflicted on a victim is dwarfed by a sentence for carrying guns to several drug deals, the implicit message to victims is that their pain and suffering counts for less than some abstract ‘war on drugs,’” the former judge wrote.
Angelos likely would not face such a harsh sentence today, Cassell said. President Barack Obama has pushed for the reduction or outright elimination of severe mandatory minimum sentences for non-violent offenders. The White House did not immediately return a message seeking comment Tuesday.
A life sentence for marijuana
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Angelos founded Extravagant Records in Utah, producing hip-hop and rap music. He had no criminal record before he was convicted of selling $350 worth of marijuana to a police informant three times.
Prosecutors said he was a gang member who carried a gun during two of those deals, though he was not accused of using or showing a weapon. Angelos denied being in a gang and having a firearm, but police found several guns while searching his apartment.
He was convicted in federal court of 16 counts of drug trafficking, weapons possession and money laundering.
The penalty for possessing firearms during a drug transaction carries a mandatory minimum sentence of five years for the first offense and 25 years for each subsequent deal. The federal system does not have parole.
It’s not the first time the president has been urged to commute Angelos’ sentence. In 2013, more than 100 high-profile figures petitioned the White House, including an ex-FBI director, prosecutors and celebrities.
Politicians such as Republican Utah Sen. Orrin Hatch and Democratic Vermont Sen. Patrick Leahy also have said the punishment didn’t fit the crime. The conservative billionaire Koch brothers have also taken notice of the case in their push for sentencing reform.
The U.S. Attorney’s Office for Utah declined to comment on the case. But Assistant U.S. Attorney Robert Lund said in 2004: “This sends the message that people who engage in armed drug dealing are going to face very serious consequences.”
The 10th U.S. Circuit Court of Appeals has upheld the sentence, and the U.S. Supreme Court has denied Angelos’ petition for a hearing.
Angelos, now 36, has served more than 12 years in prison, and a presidential commutation is his only option.
His sister, Lisa Angelos, said the clemency letter is a “huge” step that she hopes is a turning point. Weldon Angelos has spent his time in a prison in California earning a business degree, working in the institution’s dental lab and tutoring others, she said.
The expense of traveling there makes it hard for his family to visit, and he recently saw his sons, now 17 and 19, for the first time in years, his sister said.
“He’s missing out on basically their entire lives,” Lisa Angelos said.