Report from the Angelos oral argument

As noted here yesterday, the Tenth Circuit this morning heard oral argument in the appeal by Weldon Angelos, the first-time offender sentenced to 55 years’ imprisonment for marijuana sales under federal mandatory sentencing statutes.  The Rocky Mountain News has this report on the arguments, which includes these highlights:

“It’s important that the court system be a final check,” said Jerome Mooney of Salt Lake City, one of Angelos’ lawyers.  “The court has to have the ability to say, ‘Okay, this one went too far.'”

Utah federal prosecutor Robert Lund said only Congress has the power to decide whether mandatory minimum sentences and that judges must impose them without taking individual circumstances into account. “You’re arguing that we are bound by the law … without any reference to common sense, fairness or proportionality. We do not have the authority to overturn this sentence?” inquired 10th Circuit Judge Stephen Anderson of Utah. “Yes,” replied Lund.

Hat tip: A3G/David Lat cyber–blog stalker … er, I mean Howard Bashman.