Tenth Circuit argument in Angelos mandatory minimum case

As detailed in newspaper articles this morning from the Denver Post and Salt Lake Tribune, on Tuesday morning a Tenth Circuit panel (comprised of Judges Briscoe, Anderson and O’Brien) is scheduled to hear arguments in the appeal by Weldon Angelos, the first-time offender sentenced to 55 years’ imprisonment for marijuana sales under federal mandatory sentencing statutes.  The Angelos case has generated significantly attention, in part because District Judge Paul Cassell wrote an amazing opinion last year expressing his concerns about the sentence he felt forced to impose.

Angelos serves as a fascinating test case for whether the Eighth Amendment is to have any real bite in non-capital cases.  I suspect we will ultimately get an interesting opinion from the Tenth Circuit panel; I also suspect that that, no matter what the panel rules, it will not be the last word in this high-profile case.

Some prior Angelos coverage:

• Angelos challenging severe mandatory sentence in the 10th Circuit
• Angelos amicus brief
• Judge Cassell laments, but imposes, harsh mandatory sentence
• Judge Cassell’s remarkable, and remarkably disappointing, decision in Angelos
• The future of mandatory minimums?