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Judge assails sentencing laws / He reluctantly imposes a 55-year prison term (must read)
© 2004 Deseret News Publishing Company ^ | November 17, 2004 | Angie Welling

Posted on 11/18/2004 3:23:03 PM PST by Former Military Chick

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To: crabpott

"based on just three firearms charges for carrying a gun during two drug sales and for keeping additional firearms at his Fort Union apartment"

Here's my take:

First of all, obviously what the man did is wrong, and I think he deserves to serve some time.

However, if the three firearms charges are the result of the same, singularly ongoing investigation against the drug dealer (ie they have his place staked out and they are sending in undercover guys to buy drugs from him) I'd say that 80 years in the click in an excessive charge.

Consider: individual selling pot. keeps a gun on in the safe/stash box because of paranoia, has never had a problem but wants to make sure someone isn't going to do a home invasion or what-not since a number of people know who he is, what he is doing, and how much money he has there. Remember that pot makes you paranoid and overly cautious.

If he gets arrested out of the blue and brought up on charges that he was selling drugs, and had a firearm present for three transactions, and the weapon was never brandished or displayed but perhaps seen where the drugs were, then 80 years is absolutely ridiculous.

There are a number of migrating factors here. The age of the defendant and any criminal history is a big one. If he has three gun charges from three seperate previous charges, then 80 years makes perfect sense and I don't think that the system is incorrect. If you get busted, and then get busted again, and then get busted yet a third time, it's obvious you aren't the learning type. But if you get stuck with a three-weapons-charges-during-a-single-month-investigation where you don't have a previous criminal history and aren't brandishing a weapon and only selling minor amounts of pot, that's... harsh, man.

Other factors to consider - type of drugs sold, quanity of drugs sold, location where drugs are sold (close to school, etc), willingess to cooperate, etc. There's a ton of stuff that's unknown, and the devil is in the details here.


21 posted on 11/18/2004 3:47:35 PM PST by Ueriah
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To: konaice

Sounds like it's time to get rid of the judge.WHACKO JUDGE


22 posted on 11/18/2004 3:50:59 PM PST by jocko12
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To: Former Military Chick

He was convicted on 16 criminal counts, and each count carried a penalty. Drug dealers with guns are the main weapon - for lack of a better word - the anti-gun lobby use to destroy the Second amendment. I don't feel sorry for "this young father". That young father should have thought of the consequences of his actions.


23 posted on 11/18/2004 3:52:10 PM PST by cake_crumb (UN Resolutions=Very Expensive, Very SCRATCHY Toilet Paper)
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To: cake_crumb

"That young father should have thought of the consequences
of his actions"

Amen and hallelujah!

"But judge, I didn't think I was going to get *caught*! =( "


24 posted on 11/18/2004 3:54:32 PM PST by osboy (Never argue with an idiot. He'll drag you down to his level and beat you with experience.)
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To: Former Military Chick

I'm confused. Which is it that liberals want? Gun control laws with teeth, or light sentences for offenders?


25 posted on 11/18/2004 3:56:30 PM PST by Antonello
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To: Former Military Chick

This is Angelos‘ sentence, all right, 738 months.  Remember, he was selling pot.  A kingpin of a major drug trafficking ring where death resulted  293 months.  Aircraft hijacker: 293 months.  Second-degree murderer:  168 months.  Kidnapper: 151 months.  Rapist of a 10-year-old child: 135 months.  A rapist: 87 months. 


26 posted on 11/18/2004 3:58:33 PM PST by Zeppelin (Going to war without the French is like going hunting without an accordian.)
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To: Former Military Chick
The idea that a rapist and murderer gets less time is something I cannot stand for.

I agree. The rapist and murderer should either be executed or receive life without possiblity of parole. Would you be OK with the sentence then?

27 posted on 11/18/2004 3:59:13 PM PST by CatoRenasci (Ceterum Censeo Arabiam Esse Delendam -- Forsan et haec olim meminisse iuvabit)
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To: arjay
I feel the 55 yrs is fair. It's not the guns that bother me, it's the lives he ruined, for life, by dealing drugs. Without guys like him we wouldn't have a drug problem in this world. I believe the judge was wrong about hoping the president would commute the sentence. My hope is just the opposite.
28 posted on 11/18/2004 4:00:31 PM PST by chainsaw ( ("We're going to take things away from you on behalf of the common good." - H. Clinton))
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To: vollmond

You are probably right on the ulterior motive of trying this case. The case obviously is a set-up for challenging the minimum sentencing laws. I went to law school with Jerome Mooney (then known as Jerry). He was smart, ambitious and savvy. I don't believe he hijacked the defendant without some strong belief that he would eventually exonerate this guy up the appeals line, and without the defendant's full agreement in the strategy.
The next step is the Court of Appeals and then on to the Supreme Court. That would be in keeping with the Jerry I knew but he is not the type to railroad his client just to make a name for himself.


29 posted on 11/18/2004 4:03:40 PM PST by caseinpoint
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To: rogue yam
So true. Let's look at what it says...the guy's sentence 'could' have been 61 1/2 years, 55 of which was for 3 counts. That means the other 13 drug, gun and money laundering charges would have gotten him 5 1/2 years - 5.07 months per charge. THAT is why so many have fought for mandatory minimums.

Someone please explain to me how it is so bad for the children of a drug dealing gun toting thug to not have this guy for a father while they are growing up. Or how it's not better that the young police officers don't have to face his guns in 5 1/2 years?

30 posted on 11/18/2004 4:04:02 PM PST by Ruth C (learn to analyze rationally and extrapolate consequences ... you might become a conservative)
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To: osboy

Yes -- an attention getter. Things that make you say 'Hmmmmm'.


31 posted on 11/18/2004 4:04:27 PM PST by BenLurkin (Big government is still a big problem.)
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To: Ueriah

Other charges included possession of a stolen firearm, possession of a firearm while drug trafficking and three seperate counts of money laundering. He's a gangsta rappa. He sounds like a bad due who got caught, got what was coming to him on the criminal counts, and is trying to divert attention (and public sympathy) from his crimes to a vague b*tch about mandatory sentencing guidlines.


32 posted on 11/18/2004 4:04:50 PM PST by cake_crumb (UN Resolutions=Very Expensive, Very SCRATCHY Toilet Paper)
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To: Former Military Chick

Yes, the fact that he was able to procreate clearly makes him a paragon of our society.


Certainly we should reap the rewards of allowing him to procreate some more and I just can't get enough of that Utah rap music. A great loss for all I'm sure.


33 posted on 11/18/2004 4:04:56 PM PST by Dano50
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To: Former Military Chick
Mandatory minimum sentences are required to keep liberal judges from releasing dangerous criminals to prey on society.

Don't like the result here? Keep your dope and your gun in separate places.
34 posted on 11/18/2004 4:05:16 PM PST by PAR35
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To: Antonello; arjay; American Vet Repairman; The_Republican; Rakkasan1; Mercat; rogue yam; crabpott; ..
First I want to say thank you for taking the time to share your thoughts, I also wanted to add one other aspect of this story to add to the thread and discusson. Here are some of the facts that were given in the judges opinion:

This is Angelos‘ sentence, all right, 738 months. Remember, he was selling pot. A kingpin of a major drug trafficking ring where death resulted 293 months. Aircraft hijacker: 293 months. Second-degree murderer: 168 months. Kidnapper: 151 months. Rapist of a 10-year-old child: 135 months. A rapist: 87 months.

Here‘s the simple fact. 924 ©, the commission of a drug trafficking offense while armed. And this stems from the assassinations, believe it or not, of Robert Kennedy and Martin Luther King through the Crime Control Act of 1970 where legislatively it was determined, as you know, that drugs and guns go together, too frequently in our urban centers, and they are a violent, volatile combination.

35 posted on 11/18/2004 4:09:56 PM PST by Former Military Chick (Lets keep the MSM to the grind stone, stories like this should not be ignored.)
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To: Former Military Chick

When some bad guy steals your car stereo, you call your insurance company and in a couple of days, you receive a check and go buy a new stereo.

When some bad guy steals some tools from your garage, you call your insurance company and in a few days, you receive a check and go buy some news tools.

Even if you don't have insurance, you can save up and replace anything that the bad guys took or learn to live without this stuff.

A drug dealer, reaches into the soul of your child and steals its future. Calling your insurance company will be to no avail. You can save all the money that you want, you will never be able to get that child's future back. AND, try that you might, this is not something that you will just learn to live with.

So, for me.............lock them up and throw away the key. My attitude applies to more than drug dealers........3 time losers, rapists, Pedophiles, child abusers and so on.

Having said all of that, I have met a couple of people that went to prison for dealing drugs and when they got out, they changed their lives around. Unfortunately, these "turn arounds" are few and far between.


36 posted on 11/18/2004 4:10:48 PM PST by Gator113
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To: Knitebane

I appreciate your view point, thank you.


37 posted on 11/18/2004 4:11:49 PM PST by Former Military Chick (Lets keep the MSM to the grind stone, stories like this should not be ignored.)
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To: Tarpaulin

Actually no it isn't. It occured after my service by a drug seaking repeat offender who felt killing someone for their next fix was just part of the score.


38 posted on 11/18/2004 4:13:10 PM PST by Former Military Chick (Lets keep the MSM to the grind stone, stories like this should not be ignored.)
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To: Zeppelin

Thank you, this does make for part of the discussion, throw away the key on the likes of the man in this article and not for others who rape, murder or worse?


39 posted on 11/18/2004 4:14:10 PM PST by Former Military Chick (Lets keep the MSM to the grind stone, stories like this should not be ignored.)
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To: Former Military Chick
I don't particularly care what his original crime was. (Well, providing it wasn't some kind of "white-collar" crime where the gun wasn't there to facilitate the crime)

I do care that he took a gun with him to do it.

40 posted on 11/18/2004 4:14:51 PM PST by Knitebane
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