bye.

Judge Questions Long Sentence in Drug Case

11.20.04 (9:33 am)   [edit]
SALT LAKE CITY, Nov. 16 - In a case that has spurred intense soul-searching in legal circles, a 25-year-old convicted drug dealer, who was arrested two years ago for selling small bags of marijuana to a police informant, was sentenced on Tuesday to 55 years in prison.

The judge who sentenced him, Paul G. Cassell of the United States District Court here, said that he pronounced the sentence "reluctantly" but that his hands were tied by a mandatory-minimum law that required the imposition of 55 years on Weldon H. Angelos because he had a gun during at least two of the drug transactions.

"I have no choice," Judge Cassell said to Mr. Angelos, who seemed frozen in place as the extent of the sentence became apparent.

The judge then urged Mr. Angelos's lawyer, Jerome H. Mooney, not only to appeal his decision but to ask President Bush for clemency once all appeals were exhausted. He also urged Congress to set aside the law that made the sentence mandatory.

Judge Cassell said that sentencing Mr. Angelos to prison until he is 70 years old was "unjust, cruel and even irrational," but that the law that forced him to do so had not proved to be unconstitutional and thus had to stand. The sentence was all the more ironic, he said, because only two hours earlier he had been legally able to impose a sentence of 22 years on a man convicted of aggravated second-degree murder for beating an elderly woman to death with a log. That crime, he argued, was far more serious.

Mr. Angelos's wife, Zandrah, who sat in court with the couple's two boys, aged 5 and 7, began crying. "He might as well have killed someone," she said bitterly, wiping her eyes, referring to her husband. "He should have done worse than he did if he was going to get 55 years."

The question of Mr. Angelos's sentence was at the center of a debate as to whether it was fair to send a minor drug dealer to prison for 55 years when a murderer, rapist or terrorist, according to the same sentencing directives, would ordinarily receive no more than about 25 years.

During a court hearing in September, Judge Cassell posed a question to the opposing legal teams in the case: "Is there a rational basis," he asked, "for giving Mr. Angelos more time than the hijacker, the murderer, the rapist?"

The sentence against Mr. Angelos, the founder of the rap music label Extravagant Records, stemmed from his conviction on three counts of possession of a firearm while engaged in drug trafficking. The first count carried a mandatory five-year sentence, with each subsequent count calling for 25 years.

According to trial testimony, Mr. Angelos was carrying a pistol in an ankle holster while selling marijuana. He was not accused of brandishing the weapon or threatening anyone with it.

But in court on Tuesday, Robert Lund, an assistant United States attorney who prosecuted the case, called Mr. Angelos a "purveyor of poison," and said he had been dealing drugs for more than four years before his arrest. Carrying a gun in the commission of such crimes, he said, meant that Mr. Angelos was prepared "to kill other human beings."
[LINE]
Rehab Justice
By DONALD P. LAY

Our federal justice system has a great deal to learn
from our state court systems. Today, nearly every state has a "drug court" to deal with nonviolent drug offenders through a mix of treatment and sanctions, all as
part of an effort to reduce recidivism, substance
abuse and costs. Statistics show that drug courts are a success, yet Congress persists in mandating ever stiffer sentences for federal offenders who need treatment more than punishment.

While drug court programs vary from state to state, most try to address the cause of an offender's behavior: addiction. All offer community-based
treatment in lieu of prison. Offenders who choose to
participate in a drug court and complete their treatment typically can have the charges against them dropped, or can plead guilty without being sentenced to prison.

In 2003, there were more than 1,500 drug courts either in operation or in the planning stages. Drug court graduates have substantially lower rates of criminal recidivism than offenders who are imprisoned. In New York, for
example, the re-arrest rate among 18,000 drug court
graduates was 13 percent, compared with 47 percent for the same type of drug offenders who served prison time without treatment. Drug courts also cost less than incarceration and have high retention and completion rates. Even Congress recognizes their worth; since 1994, it has
authorized the attorney general to make grants to states, state and local courts, and local and tribal governments to establish drug courts.

Years ago, Chief Judge James L. Oakes of the United
States Court of Appeals for the Second Circuit and I, as chief judge of the Eighth Circuit, sponsored a sentencing institute. At that institute, I asked the chairman of the United States Sentencing Commission why an 18-year-old who had received some drugs by mail for a friend should face a mandatory minimum sentence of 10 years, under the commission's federal sentencing guidelines set by the
commission. The chairman responded that because this
teenager would be in prison during his 20's, the age when the likelihood of recidivism is greatest, the sentence would cut down on re-arrests. The head of the Bureau
of Prisons whispered to me, "Doesn't he realize when
that young man gets out of prison, he will be nothing more than a hardened criminal?"

Mandatory minimum sentences, enacted by Congress,
have contributed to the rising costs of imprisonment and crowding in federal prisons. In federal drug cases, defendants could face a minimum of 5 to 10 years in prison, while a similar offense in some state courts would
allow a court, depending on the circumstances, to place the defendant on probation. Justice Anthony Kennedy and several other scholars, judges, professors and law reviews have openly criticized the use of mandatory minimum
sentences in federal criminal cases. To make matters worse, a bill has been proposed in the Senate that
would set a mandatory sentence of 10 years for a
first drug conviction and mandatory life imprisonment for a second.

According to the Federal Bureau of Prisons' Web site
(as of Sept. 4, 2004), the total federal inmate population is 180,318. About 54 percent of that population are drug felons. The total cost for each prisoner was $61 per
day; for the entire population, almost $11 million a
day or $4 billion a year. It is predicted that by 2010 there will be more than 216,000 individuals serving time in federal prisons. Unlike the states, the federal criminal justice system offers no alternatives for nonviolent offenders charged with drug-related crimes. In the federal system, it is almost a certainty that a convicted drug offender will be incarcerated rather than going through a
community-based treatment program. It is little wonder then that the federal prison system will continue to be overburdened. Given the success of drug courts in the states, the federal government should study how to modify
its sentencing to incorporate elements of the drug court model and to assess the effectiveness of community-based alternatives to imprisonment for nonviolent federal drug felons.

Congress would need to authorize the mechanics of
federal drug courts. One suggestion would be that magistrate judges could preside over the drug court, while federal probation officers could oversee the offenders'
attendance at drug treatment programs as well as
obtain employment and housing for them. A good start would be to develop sentencing policies that take drug dependency into account, and that place as much emphasis on preventing crime as on punishing misconduct.
Sentences that combine treatment, monitoring and the threat of imprisonment hold the promise of long-term solutions to crime. They should be more readily available in the federal system.

The high cost of this incarceration policy falls on taxpayers. However, beyond all of this is the fact that the real damage
is incurred by the individuals who must spend a large portion of their life in prison. The damage to young prisoners cannot be measured in dollars and cents.

Cases are now pending before the Supreme Court that
will affect sentences in all federal cases. This presents an opportunity for the executive and legislative branches to bring sanity to federal drug sentencing. Congress
has nothing to lose and everything to gain by
passing legislation to carry out a program for federal drug courts.

Donald P. Lay is the seniorjudge for the United
States Court of Appeals for
the Eighth Circuit.

Cajun Birthday Present - kinda funny, but stupid funny.

11.19.04 (11:41 am)   [edit]
Hello? Dis de FBI?"

"Yes. What can I do for you?"

"I'm callin to report on my neighbor Boudreaux.
He's hidin marijuana in his firewood!"

"Thank you very much for the call, sir."

The next day, the FBI agents descended on Boudreaux's house.
They search the shed where the firewood was kept.
Using axes, they bust open every piece of wood, but found no marijuana.
They sneered at Boudreaux as they left.

A few minutes later, Boudreaux's phone rang.
"Hey, Boudreaux. Dis here is Thibedaux.

Did de FBI come?"

"Yeah!"

"Did dey chop you firewood?"

"Sure did."

"Happy Birthday, Mah Friend!"

Who says Cajuns aren't smart?

Interesting take on interpreting religion

11.19.04 (9:47 am)   [edit]
Dr. Laura Schlessinger is a U.S. radio personality
who dispenses advice to people who call in to her
radio show. Recently, she said that, as an observant
Orthodox Jew, homosexuality is an abomination
according to Leviticus 18:22, and cannot be condoned
under any circumstance. The following is an open
letter to Dr. Laura penned by a U.S. resident, "Jim,"
which was posted on the Internet. It's funny, as well
as informative:
[LINE]
Dear Dr. Laura:

Thank you for doing so much to educate people
regarding God's Law. I have learned a great deal from
your show, and try to share that knowledge with as
many people as I can. When someone tries to defend the
homosexual lifestyle, for example, I simply remind
them that Leviticus 18:22 clearly states it to be an
abomination. End of debate. I do need some advice
from you, however, regarding some of the other
specific laws and how to follow them.

1. When I burn a bull on the altar as a sacrifice, I
know it creates a pleasing odor for the Lord-Lev.1:9.
The problem is my neighbors. They claim the odor is
not pleasing to them. Should I smite them?

2. I would like to sell my daughter into slavery, as
sanctioned in Exodus 21:7. In this day and age, what
do you think would be a fair price for her?

3. I know that I am allowed no contact with a woman
while she is in her period of menstrual uncleanliness
-Lev.15:19-24. The problem is, how do I tell? I have
tried asking, but most women take offense.

4. Lev. 25:44 states that I may indeed possess slaves,
both male and female, provided they are purchased
from neighboring nations. A friend of mine claims
that this applies to Mexicans, but not Canadians. Can
you clarify? Why can't I own Canadians?

5. I have a neighbor who insists on working on the
Sabbath. Exodus 35:2 clearly states he should be put
to death. Am I morally obligated to kill him myself?

6. A friend of mine feels that even though eating
shellfish is an abomination-Lev.11:10, it is a lesser
abomination than homosexuality. I don't agree. Can you
settle this?

7. Lev. 21:20 states that I may not approach the altar
of God if I have a defect in my sight. I have to
admit that I wear reading glasses. Does my vision have
to be 20/20, or is there some wiggle room here?

8. Most of my male friends get their hair trimmed,
including the hair around their temples, even though
this is expressly forbidden by Lev.19:27. How should
they die?

9. I know from Lev. 11:6-8 that touching the skin of a
dead pig makes me unclean, but may I still play
football if I wear gloves?

10. My uncle has a farm. He violates Lev. 19:19 by
planting two different crops in the same field, as
does his wife by wearing garments made of two
different kinds of thread (cotton/polyester blend).
He also tends to curse and blaspheme a lot. Is it
really necessary that we go to all the trouble of
getting the whole town together to stone them?
Lev.24:10-16. Couldn't we just burn them to death at a
private family affair like we do with people who
sleep with their in-laws? (Lev. 20:14)


I know you have studied these things extensively, so I
am confident you can help. Thank you again for
reminding us that God's word is eternal and
unchanging.

Your devoted fan, Jim

smokin cigs...or not?!?!?!

11.15.04 (9:44 pm)   [edit]
i just got done going through boxes and bags and under my bed. i was trying to find rolling papers. i was trying to find rolling papers to roll the dried up tobacco left in the refries in the ashtray. the refries aren't big enough to smoke by themselves and i'm not myself. i'm not myself when i'm craving this hard. i can't believe i've been turned into this. i've been turned into the person i laugh at on tv when they talk about quitting cigarettes and how they are a slave to the habit. i laugh at them. i laugh and then go out for a cigarette. i go out for that cigarette and think about quitting...then i realize that i don't want to quit. then after i've realized i don't want to quit, i realize i don't have any more cigarettes and all the stores around are closed and my pockets are empty. then i start pacing back and forth...back and forth wondering how i can fix this terrible feeling i have. the feeling that i need something i shouldn't. the feeling that i can't control it and the fixation on NEEDING it. then i sit down and try to sit there...just sit there...waiting for this terrible excited rage to pass. this nervous internal twitch is growing and i'm waiting for it to stop. then i look at the tv and see that guy whos talking about how he went through his garbage to find a cigarette and how thats why he quit. because he wasn't himself. then i think to myself how i should do that. not quit, but go through the garbage to find a cigarette. then i look at my hands and see them shaking. then i think about that movie train spotting and what they went through with heroin. and i realize that its not that different. its a drug. its a mind twister. a disaster. i fucked up reality. a moment suspended in time that used to be called life, but has been given up for just a drag. thats all i want...just a drag. and i laugh. i laugh because at that point i'm thinking about how sorry i feel for the guy in ghost when he busts open the cig machine and realizes hes a ghost and can't smoke a cig. "just a drag, man." god, what a drag, man. and then i get pissed at the people everyone calls big tobacco. what bastards. smart bastards. smart pathetic fucked up careless rich ass motherfucking bastards. the whole lot of them. and then i sit for a second and wonder if i can quit. yes, of course i can. wait, what are you talking about...you can't! shut up, yes i can. nuh-uh. yes-huh! nope. yup! fuck off. and now i've gone crazy, but not forever. just for now. and tomorrow i'll wake up just fine. then i'll go back to craving and trying to hold it in...hold it down...hold it until it fades. which it won't. not for awhile at least. but, hey, i did it to myself. 3 packs a day...you're on your way to hell, but you don't get a nice handbasket with a nice bow-tie...you get shit...you'll die oh yeah...die die die and you know why...its cuz you gave yourself away. but i can still quit. i know i can. i should. its only right.

but damn...i still want one. i want one so much. fucking bastards. nicotine is the enemy. the enemy. enemy. but it feels so good. jesus, i can't believe this shit. the only way that i can for sure stop wanting is writing. maybe thats not such a bad thing, but i feel like a loon...and sound like one too.

puff puff puff puff.

its never enough.

i'm quittin.

could have fared well

11.11.04 (2:59 pm)   [edit]
writing is not easy these days. judging from the post below, well...apparently i have nothing inspired, useful, or witty to say. hell, i can't even write a poem...which should be easy for me. i guess things are changing again. funny, i don't feel different. though i'm not any different...i'm still me.

so, i ordered a pizza just a minute ago. i really shouldn't have done it seeing as how my money situation is not the best, but i want pizza...pizza with bacon on it. among other things, i ordered a pepsi to go along with it. i always thought it was strange how it can't stand pepsi unless its with pizza...its like the flavors just mingle perfectly. mmmmmm.
[LINE]
i wanted to leave a post about bush winning, but i decided it was already a dead subject. shit, its not like we could have really expected kerry to win...it was the hope. i wish he would have, but it was right of him to concede.
[LINE]
my friend lonnie (some people that read this might remember her from previous posts) got into a pretty major car accident last night. jen was driving and some guy slammed into the side of the car on the freeway. they almost flipped over, but luckily got out of everything with only a few bruises. she made light of the story, but my heart skipped and all i wanted to know was that she was REALLY ok.

after the conversation, my girl and i sat down and talked for a little bit. she was curious about way back when...when i had feelings for lonnie. we discussed it and then i kept going on and on and on with story telling. she enjoyed listening to the stories. then we got to the part about me explaining to lonnie how i had felt about her and how she never gave any sort of responce but a smile. my girl pointed out how it was strange that with other guys she had at least given a yes or no. i thought it was strange to. then we changed subjects.
[LINE]
well, november 30th is going to be here very soon. i'm kind of scared because i have yet to find another place and a roommate or two. hmph. i wish things were easier. at least i have a new suit that i look really good in. sorry, have to have some ego. ahhh, i look DAMN good. lol.

well, i think i'll write more later after i get some pizza in me. yum.

ummmmmmmmmmmmmmm

11.10.04 (6:48 pm)   [edit]
hold on.
hold up.
hold off.
hold down.
hold me.
hold her.
hold hands.
hold....
just hold...

press 1 to speak to an operator.
you can press 2 to follow through.
you could press 3,
but where would you be then?
where do i begin?
should i just hang up?
hold on?

switch off.
[LINE]
ok, for those of you who are confused by what i just wrote...well, keep on being confused. don't think too hard about it though...it doesn't mean anything. its not a poem. not a story. just me, myself, and i being blank faced and tipsy.

life is a story that keeps getting told over and over again. i'm a storyteller. not the best one, but one.

anyway, theres not much i wanted to say, but i felt like posting since its november and this will be the first post for november. isn't it sweet? dandy? candy sounds good.

heres some words to describe what i am today:
warm (inside)
cold (outside)
blueberries
coca-cola
pepsi
wrenched
drenched
dry
seemingly disguised
jaded
shaded
hallow
and full.
free
expressive
ecstatic
prostetic
wandering
fullfilled
peaceful
serene
pissed.
here.

i am here.