UTAH RECORD PRODUCER WANTS 55-YEAR FIREARMS SENTENCE CUT

A Utah record producer sentenced to 55 years in prison for carrying a
gun while dealing pot on Monday asked for a sentence reduction.

Weldon Angelos argues that the lengthy term violates his Second
Amendment right to bear arms.

In a petition filed in U.S. District Court in Salt Lake City,
attorneys for Angelos also argue that the minimum mandatory sentence
is unconstitutional cruel and unusual punishment.

The petition contends that the sentence is excessive in light of a
recent U.S. Supreme Court ruling concerning gun possession for
self-defense and "society's evolving standards that are growing ever
more tolerant of the type of marijuana use and sales at the heart of
the criminal allegations lodged against Angelos." The filing is the
latest challenge in the Angelos case, which ignited a nationwide
debate over mandatory minimum sentences.

Even before Angelos was sentenced in November 2004, a group of 29
federal judges and prosecutors filed a friend-of-the-court brief
asking then-U.S. District Judge Paul Cassell to refuse to impose the
required punishment and declare mandatory sentences
unconstitutional.

The U.S. Attorney's Office, which prosecuted the case, has been just
as adamant that minimum mandatory sentences - which were put into law
by Congress to battle certain types of offenses, including gun crimes
- - are constitutional and appropriate.

Cassell, now a University of Utah law professor, said he had to abide
by Congress' wishes and reluctantly imposed the minimum 55-year term.
He described the sentence as "unjust, cruel and even irrational," and
recommended that the president commute it.

The 10th U.S. Circuit Court of Appeals upheld the sentence, and the
Supreme Court declined in 2006 to review the case.

Angelos, now 29, has two young children and founded Extravagant
Records, which produces rap and hip hop. He is serving his sentence at
a federal prison in Lompoc, Calif.

There is no parole in the federal justice system, only time off for
good behavior. Angelos' projected release date is Nov. 18, 2051,
according to the federal Bureau of Prisons.

A federal jury convicted Angelos in December 2003 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.

Angelos had a clean record before his convictions except for a minor
nonviolent juvenile offense, according to court records. His attorneys
say he originally was charged with only one count of possession of a
firearm in furtherance of drug trafficking, but after he refused a
plea deal with a 15-year sentence, prosecutors asked a grand jury to
return an indictment with additional charges.

Briefs supporting Angelos say he never showed or used a weapon, but
either had it in an ankle holster or in his Salt Lake City apartment
while selling several hundred dollars worth of marijuana. Angelos has
testified that the gun was only for his own protection.

Angelos' case is now being handled by U.S. District Judge Tena
Campbell. In addition to Monday's petition, attorneys have another
pending request for resentencing that was filed late last year.

In that request, the lawyers say prosecutors were vindictive in
seeking such a harsh penalty for a first-time offender and the
performance of Angelos' attorney at trial and in pleas negotiations
was deficient.