Pubdate: Mon, 08 Dec 2008
Source: Salt Lake Tribune (UT)
Copyright: 2008 The Salt Lake Tribune
Contact:  http://www.sltrib.com/
Details: http://www.mapinc.org/media/383
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

UTAH RAPPER SENTENCED TO 55 YEARS IN PRISON LOSES APPEAL

A federal judge has rejected an appeal by a Utahn seeking to void a
55-year prison sentence for carrying a gun while selling marijuana.

U.S. District Judge Tena Campbell on Monday ruled the sentence handed
down to record producer Weldon Angelos does not violate the
separation of powers or his constitutional right to bear arms.
Angelos had also argued prosecutors were vindictive in seeking such a
 harsh penalty for a first-time offender.

Campbell did order a Feb. 11 hearing to take evidence on whether the
performance of Angelos' attorney during plea negotiations was deficient.

Angelos contends he rejected a plea offer because he was not
adequately informed by his attorney of the risks he faced by going to
trial. Because those events and decisions occurred outside of the
courtroom, the judge said she needs to hear testimony from Angelos
and any witnesses he may call.

Angelos has two young children and founded Extravagant Records, which
produces rap and hip hop.

He was convicted in December 2003 by a federal jury of 16 counts of
drug trafficking, weapons possession and money laundering. By law, he
was required to spend at least 55 years behind bars for three
convictions of possessing a firearm in furtherance of a 
drug-trafficking crime -- the gun convictions carry a mandatory five
years for the first count and 25 years for each subsequent count, to
be served consecutively.

The 10th U.S. Circuit Court of Appeals upheld the sentence and said
the government's evidence at trial clearly established that Angelos
was a known gang member who sold large quantities of marijuana. The
U.S. Supreme Court declined in 2006 to review the case.
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