Pubdate: Sun, 26 Jun 2005
Source: Oklahoman, The (OK)
Copyright: 2005 The Oklahoma Publishing Co.
Contact:  http://www.oklahoman.com/
Details: http://www.mapinc.org/media/318
Author: Robert Boczkiewicz
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

EX-PROSECUTORS CRITICIZE SENTENCING IN UTAH CASE

DENVER -- Nine former U.S. attorneys in Oklahoma this week criticized a 
prison sentence imposed under controversial federal laws that mandate 
minimum prison terms.

They are among 163 former federal judges, attorneys general and prosecutors 
across the nation who submitted a "friend of the court" brief to the U.S. 
appeals court in Denver.

While in office, those officials were sworn to uphold the laws used to 
impose the sentence they now challenge.

The brief argues that a 55-year mandatory sentence imposed on a 24-year-old 
first-time offender in Utah is so "grossly disproportionate" to the crime 
that the sentence is unconstitutional because it is "cruel and unusual."

Weldon Angelos, a rap producer who turned down a 16-year plea bargain, was 
convicted of carrying a gun under his clothing while selling several 
hundred dollars worth of marijuana on two occasions and for owning several 
other guns.

It was the gun circumstances, added to the drug selling, that triggered the 
mandatory prison term.

The judge in Salt Lake City who imposed the sentence described it as 
"cruel, unjust and irrational," but said his hands were tied by the 
"mandatory minimum" laws.

Prosecutor Robert Lunt said Angelos has been suspected of drug trafficking 
and money laundering for years and got what he deserved.

The mandatory minimum laws are controversial because they do not allow 
judges to consider mitigating circumstances.

By contrast, Attorney General Alberto Gonzales said earlier last week that 
some judges are imposing light sentences on too many criminals.

The former U.S. attorneys in Oklahoma who are opposing the mandatory 
minimum in the Utah case are:

Layn Phillips, U.S. attorney in Tulsa from 1983 to 1987, who was a federal 
judge in Oklahoma City from 1987 to 1991.

William Price of the western judicial district, based in Oklahoma City, 
from 1982 to 1989.

Stephen Lewis of the northern district, based in Tulsa, from 1993 to 2000.

John Raley of the eastern district, based in Muskogee, from 1990 to 1997.

William Burkett of the western district, from 1969 to 1975.

Roger Hilfiger of the eastern district, from 1985 to 1990.

John Imel of the northern district, from 1961 to 1967.

Larry Patton of the western district, from 1978 to 1981.

Tony Graham of the northern district, from 1987 to 1993.

Contributing: The Associated Press
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MAP posted-by: Jay Bergstrom