DOCSLIB.ORG

Utah Attorneys Petition Us Supreme

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Utah Attorneys Petition Us Supreme FOR IMMEDIATE RELEASE Media Contact: Tiffany Erickson, Public Relations Specialist 602.382.6190; [email protected] UTAH ATTORNEYS PETITION U.S. SUPREME COURT TO HEAR ‘CRUEL AND UNUSUAL’ MANDATORY SENTENCE CASE SALT LAKE CITY (October 30, 2006) A petition has been filed with the U.S. Supreme Court by Utah attorneys on behalf of Weldon Angelos who was sentenced to 55 years imprisonment for selling marijuana. In a rare show of support, an impressive list of 145 legal luminaries, mostly former federal judges and federal prosecutors, signed an amicus brief on Friday backing Angelos’s case. The group includes four former US Attorneys General (Griffin Bell, Benjamin Civiletti, Nicholas Katzenbach, and Janet Reno) and a former director of the FBI (William Sessions). In 2002, Angelos sold three 8-ounce bags of marijuana, worth a few hundred dollars each, to an informant working with law enforcement. The informant claimed that Angelos had possessed a gun during two of the transactions. Angelos, a first-time offender, was charged in federal court with offenses that triggered mandatory sentences. According to University of Utah law professor Erik Luna, a criminal justice expert and counsel of record in Angelos’s case, mandatory minimum sentencing has distorted the entire system. “To put it bluntly,” Luna said, “a first-time, low-level offender is treated as though he were the marijuana equivalent of Al Capone or Manuel Noriega. Yet ironically, not even these ruthless, violent, contraband-running criminals received the draconian sentence that was imposed on Weldon Angelos.” Luna and Jerome Mooney represented Mr. Angelos before the federal court of appeals. Mooney, a respected Utah criminal defense attorney, had represented Angelos at trial. Former Utah Supreme Court Chief Justice Michael D. Zimmerman, a partner with the law firm of Snell & Wilmer, and Troy Booher, an attorney with the firm, are also on the Angelos appellate team. Zimmerman says the Angelos case ignores the fundamentals of the justice system. “Mandatory minimum sentencing laws,” Zimmerman says, “which select specific crimes for draconian punishment out of any proportion to the rest of the criminal code, represent a fundamental corruption of the justice system.” Booher adds, “it is unconscionable that the Constitution could be held to provide protection for corporations by way of punitive damages and yet not provide any meaningful limits on draconian jail terms for individuals.” During its current term, the U.S. Supreme Court will decide whether to accept the petition filed by Luna, Mooney, Zimmerman, and Booher. About Snell & Wilmer L.L.P. Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 400 attorneys practicing in six offices throughout the western United States, including Phoenix and Tucson, Arizona; Orange County, California; Denver, Colorado; Las Vegas, Nevada; and Salt Lake City, Utah. The firm represents more than 10,000 clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit www.swlaw.com. # # # .
Load more

Recommended publications
  • FOR IMMEDIATE RELEASE August 3, 2012
    WLF News Release Washington Legal Foundation Advocate for freedom and justice® 2009 Massachusetts Avenue, NW Washington, DC 20036 202.588.0302 FOR IMMEDIATE RELEASE August 3, 2012 FORMER ATTORNEYS GENERAL URGE DISMISSAL OF CONSTITUTIONAL CHALLENGE TO FOREIGN SURVEILLANCE STATUTE (Clapper v. Amnesty International USA, No. 11-1025) A bipartisan group of six former Attorneys General yesterday urged the U.S. Supreme Court to throw out a lawsuit challenging the constitutionality of a 2008 federal statute that expanded the authority of federal officials to engage in overseas electronic surveillance. In a High Court brief drafted by the Washington Legal Foundation (which also joined in the brief), the group argued that allowing the case – filed by individuals and organizations that are not permissible surveillance targets – to proceed to trial threatens to interfere with efforts to protect national security. WLF’s brief was written with the substantial pro bono assistance of Megan Brown, Claire Evans, and Matthew Dowd of Washington, D.C.’s Wiley Rein LLP. The former Attorneys General who signed the brief were John D. Ashcroft, William P. Barr, Benjamin Civiletti, Edwin Meese III, Michael B. Mukasey, and Dick Thornburgh. The brief was filed in support of the Obama Administration, which has asked the Supreme Court to overturn a decision of the U.S. Court of Appeals for the Second Circuit reinstating the suit. WLF and its clients argued in their brief that the appeals court erred in concluding that the plaintiffs have suffered a cognizable injury and thus have standing to assert their claims. The Foreign Intelligence Surveillance Act (FISA), adopted by Congress in 1978, governs the conduct of “electronic surveillance” for national security purposes.
    [Show full text]
  • In Search of the Solicitor Generalâ•Žs Clients
    LECTURE In Search of the Solicitor General's Clients: A Drama with Many Characters* By DREW S. DAYS m** I want, first, to express my sincerest appreciation for the invitation to deliver the Ninth Judge Mac Swinford Lecture at the University of Kentucky College ofLaw. It is a pleasure for me to get out ofWashing­ ton for a change - to begin with, to remind myself of what life is like "outside ofthe Beltway." I also saw this as an opportunity to see friends here at the law school whom I can no longer plan on encountering each year at the annual meeting ofthe Association ofAmerican Law Schools, since I am on leave from my law faculty. But, most importantly, there is a certain "rightness," I think, in being here as the Fortieth Solicitor General, since the first person to occupy my position was Benjamin H. Bristow, a Kentuckian.1 Benjamin H. Bristow, the first Solicitor General ofthe United States, was one of the leading lawyers of his generation. A Kentuckian, he served as a colonel during the Civil War. He later became United States Attomey for the District of Kentucky, where he was renowned for his vigor in enforcing the federal Civil Rights Acts.2 Before becoming Solicitor General in 1870, he practiced law with his fellow Kentuckian and future Supreme Court Justice, the first John Marshall Harlan.3 • This is an edited and embellished version ofthe Ninth Judge Mac Swinford Lecture, delivered at the University ofKentucky College ofLaw on November 10, 1994. •• Solicitor General of the United States. 1 BIOGRAPIDCAL DIRECTORY OF THE UNITED STAlES ExEcunvE BRANCH, 1774­ 1971, at 35-36 (Robert Sobel ed, 1971).
    [Show full text]
  • Partners in Leadership
    I " r []J::; year::; UJ enjamin Civiletti was bone tired. At thirty-eight years of age, he was heading up the litigation department at one of Baltimore's most presti- gious law firms. The hours were long and the work challenging, yet Civiletti yearned for a change of pace. "I had been at Venable for thirteen years and I was starting to repeat myself," Civiletti says. "I had always appreciated public service, and I thought it was a good time to go in a different direction." That direction led Civiletti to the nation's capital, where President Jimmy Carter appointed him assistant attorney general of the United States. Civiletti earned this coveted Justice Department appointment as a result of experience trying cases with colleagues of Attorney General Griffin B. Bell. It was 1977, and Civiletti embarked on a four-year journey of public service to the country that saw him rise to deputy attorney general and ultimately to the top job of attorney general of the United States in 1979. He argued before the Supreme Court for the right of the government to denaturalize Nazi war criminals, and was the first attorney general to appear before the International Court of Justice at The Hague. "I thought it would be fun," Civiletti recalls of his decision to leave his practice and join the ranks of public servants. Looking back on his time in the Justice Department, he notes that the thrill of having access to the White House was tempered by the enormous responsibility of making decisions that affected the entire country.
    [Show full text]
  • Obscure but Powerful: Shaping U.S. Immigration Policy Through Attorney General Referral and Review
    RETHINKING U.S. IMMIGRATION POLICY INITIATIVE Obscure but Powerful Shaping U.S. Immigration Policy through Attorney General Referral and Review By Sarah Pierce U.S. IMMIGRATION POLICY PROGRAM Obscure but Powerful Shaping U.S. Immigration Policy through Attorney General Referral and Review By Sarah Pierce Migration Policy Institute January 2021 Contents Executive Summary ....................................................................................................................................... 1 1 Introduction .............................................................................................................................................. 2 2 History of the Attorney General’s Referral and Review Power ........................ 3 A. The Homeland Security Act and Its Effects .................................................................................................6 B. Referral and Review as an Administrative Tool .........................................................................................9 3 The Trump Administration’s Use of Self-Referral ...................................................... 12 A. Restricting Access to Asylum ............................................................................................................................13 B. Eliminating Immigration Judge Discretion ..............................................................................................17 4 The Future of Self-Referral .........................................................................................................
    [Show full text]
  • In Defense of the Obama Administration's Non-Defense of DOMA," Legislation and Policy Brief: Vol
    Legislation and Policy Brief Volume 4 | Issue 2 Article 2 8-5-2012 In Defense of the Obama Administration's Non- Defense of DOMA Daniel J. Crooks III American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/lpb Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, and the President/Executive Department Commons Recommended Citation Crooks, Daniel J. III (2012) "In Defense of the Obama Administration's Non-Defense of DOMA," Legislation and Policy Brief: Vol. 4: Iss. 2, Article 2. Available at: http://digitalcommons.wcl.american.edu/lpb/vol4/iss2/2 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Legislation and Policy Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Legislation & Policy Brief 33 IN Defense OF the Obama Administration’S NON-Defense OF DOMA Daniel J. Crooks III* Introduction .............................................................................................. 34 I. The Distinction Between Non-Enforcement and Non-Defense. 35 A. Non-Enforcement ..................................................................... 35 1. Case Law ................................................................................ 36 2. OLC Opinions ......................................................................
    [Show full text]
  • Important Figures in the NSC
    Important Figures in the NSC Nixon Administration (1969-1973) National Security Council: President: Richard Nixon Vice President: Spiro Agnew Secretary of State: William Rogers Secretary of Defense: Melvin Laird Assistant to the President for National Security Affairs (APNSA): Henry Kissinger Director of CIA: Richard Helms Chairman of Joint Chiefs: General Earle Wheeler / Admiral Thomas H. Moorer Director of USIA: Frank Shakespeare Director of Office of Emergency Preparedness: Brig. Gen. George Lincoln National Security Council Review Group (established with NSDM 2) APNSA: Henry A. Kissinger Rep. of Secretary of State: John N. Irwin, II Rep. of Secretary of Defense: David Packard, Bill Clements Rep. of Chairman of Joint Chiefs: Adm. Thomas H. Moorer Rep. of Director of CIA: Richard Helms, James R. Schlesinger, William E. Colby National Security Council Senior Review Group (NSDM 85—replaces NSCRG/ NSDM 2) APNSA: Henry A. Kissinger Under Secretary of State: Elliott L. Richardson / John N. Irwin, II Deputy Secretary of Defense: David Packard / Bill Clements Director of Central Intelligence: Richard Helms Chairman of the Joint Chiefs of Staff: General Earle Wheeler / Admiral Thomas H. Moorer Under Secretary’s Committee: Under Secretary of State: Elliott L. Richardson / John N. Irwin, II APNSA: Henry Kissinger Deputy Secretary of Defense: David Packard / Bill Clements Chairman of Joint Chiefs: Gen. Earle G. Wheeler / Adm. Thomas H. Moorer Director of CIA: Richard M. Helms Nixon/Ford Administration (1973-1977) National Security Council: President: Richard Nixon (1973-1974) Gerald Ford (1974-1977) Vice President: Gerald Ford (1973-1974) Secretary of State: Henry Kissinger Secretary of Defense: James Schlesinger / Donald Rumsfeld APNSA: Henry Kissinger / Brent Scowcroft Director of CIA: Richard Helms / James R.
    [Show full text]
  • Abscam on Trial As NBC Prepares a 'Reagangate'
    Click here for Full Issue of EIR Volume 8, Number 5, February 3, 1981 �TIillNational Abscam on trial as NBC prepares a 'Reagangate' by Jeffrey Steinberg A high-level source within the News Division of NBC­ Errichetti, and others. TV has leaked the fact that the major networks are This Pratt hearing, which has now recessed until already in the advanced stages of unleashing a flurry of Feb. 2, has already cast a dark shadow on the methods scandals aimed at wrecking the Reagan administration of the Criminal Division of the Justice Department and within its first 100 days in office. particularly on Brooklyn Organized Crime Strike Force According to the source, detailed scandal sheets are chief Thomas Puccio. Justice Department and FBI being prepared linkingJhe President to California-based documentation has already been presented before Judge organized crime elements, and these scandal sheets will Pratt showing massive violations of federal criminal be saturating the national media within 60 days, creating codes by Puccio, who has acknowledged to officials of a scandal climate around Ronald Reagan that will "put the Newark, New Jersey U.S. Attorney's office that Abscam and Brilab to shame." "without those extremist methods, Abscam would have The efforts of Kennedy hatchetman Walter Sheridan never been possible." to block the confirmation of Ray Donovan, a respected The NBC source reports that Puccio has already New Jersey construction executive, to the post of secre­ obtained a grand jury indictment against Donovan tary of labor represent the currently operational feature relating to sewage contract kickbacks on Long Island, of this effort.
    [Show full text]
  • Dwight D. Eisenhower Library Audiovisual Department Brownell, Herbert Jr
    Dwight D. Eisenhower Library Audiovisual Department Brownell, Herbert Jr. Photographs 96-14-1: Portrait of Herbert Brownell, Jr., taken his senior year of high school, 1919-1920. Same as 96- 14-675. Credit: Dole Studio, Lincoln, NE. Two 2 ¼ x 3 ¾ b/w prints. 96-14-2: Portrait of Herbert Brownell, Jr.; this was his high school graduation picture, taken in 1920. Same as 96-14-733 and 96-14-892. Credit: Townsend Studio, Lincoln, NE. Two 3 x 4 b/w prints. 96-14-3: Portrait of Herbert Brownell, Jr., taken when he was a junior at the University of Nebraska, 1922-23. Same as 96-14-673 and 96-14-893. Credit: unknown. One 3 x 4 b/w print. 96-14-4: “Herbert Brownell Jr., Peru, Neb., 17 months old.” Baby picture of Herbert Brownell, Jr. Same as 96-14-903. Credit: Lewis, Utica, NY. One 2 x 2 ¾ oval b/w print on 4 x 5 ½” card. 96-14-5: Photo of Herbert Brownell, Jr., as a young man; face in profile. Credit: unknown. One 5 x 7 b/w print. 96-14-6: Photo of Herbert Brownell, Jr., probably in late 1940s. Credit: unknown. One 4 x 5 b/w print. 96-14-7: Photo of Herbert Brownell, Jr., outside of a brick building; probably 1ate 1920s or early 1930s. Credit: unknown. One 7 x 8 b/w print. 96-14-8: Photo of Herbert Brownell standing in front of a bookcase, reading a book; 1940s. Credit: Acme Newspictures, Inc., NYC. One 7 x 9 b/w print.
    [Show full text]
  • Duty to Defend and the Rule of Law
    Duty to Defend and the Rule of Law GREGORY F. ZOELLER INTRODUCTION ...................................................................................................... 513 I. HISTORICAL VIEWS OF THE ATTORNEY GENERAL’S DUTY TO DEFEND .............. 515 A. GENERAL DEVELOPMENT OF THE ROLE OF THE ATTORNEY GENERAL AS IT RELATES TO DEVELOPMENT OF THE RULE OF LAW ...................................... 515 B. THE DUTY TO DEFEND AT THE FEDERAL LEVEL ...................................... 521 C. THE DUTY TO DEFEND AT THE STATE LEVEL .......................................... 524 D. SOME GENERAL CONCLUSIONS ABOUT THE DUTY TO DEFEND ................ 528 II. WHEN CAN DUTY TO DEFEND GIVE WAY? RULE 11 AS GUIDEPOST ................. 542 III. APPLICATION OF THE RULE 11 STANDARD TO PARTICULAR CASES ................. 544 A. INDIANA’S IMMIGRATION LAW ALLOWING WARRANTLESS ARRESTS: NO DUTY TO DEFEND ......................................................................................... 544 B. COLORADO’S LAW PROHIBITING PUBLIC DISPLAY OF MARIJUANA MAGAZINES: NO DUTY TO DEFEND ............................................................. 545 C. TRADITIONAL MARRIAGE LAWS: DUTY TO DEFEND ................................ 546 IV. IMPLICATIONS OF THE DUTY TO DEFEND FOR ANCILLARY ATTORNEY GENERAL PRACTICES ...................................................... 551 A. IMPLICATIONS FOR USE OF OUTSIDE COUNSEL AND ASSUMPTION OF DEFENSE BY OTHER OFFICIALS .................................................................... 551 B. IMPLICATIONS FOR THE ADVISORY FUNCTION
    [Show full text]
  • Celebrates 25 Years!
    Maryland Legal Services Corporation Celebrates 25 Years! December 10, 2007 IOLTA Interest on Lawyer Trust Accounts MLSC supports access to justice throughout Maryland, as illustrated in some of these client stories from our earliest grantees. Maryland Disability Law Center “I am a woman with a disability and live in a nursing home. When my wheelchair broke I sat in the hallway with nothing to do but look at the walls all day, until a lawyer from the Maryland Disability Law Center (MDLC) came to help and I got my motorized Maryland Volunteer Lawyers Service wheelchair replaced. MDLC is also working to help “My husband and I tried to find a lawyeron our own me move into a home of my own with the support I but we couldn’t afford one. Maryland Volunteer need. I want to thank MDLC’s lawyers...people like Lawyers Service found a lawyer who handled our them don’t come everyday.” bankruptcy. I didn’t know what to expect, but he Ms. Odessa Nelson, Baltimore City treated us as if we had a million dollars.” Maryland Disability Law Center provided legal assistance to 2,527 individuals throughout Maryland with physical, mental and developmental Ms. Mary Lou Jones, Cecil County disabilities during FY 2007. MVLS placed 3,857 civil legal cases with volunteer attorneys throughout Maryland during FY 2007. House of Ruth Legal Aid Bureau “When I first called the House of Ruth I was “When my landlord cancelled my lease out of the at the end of my rope. I had been living with blue, I called the Legal Aid Bureau for help.
    [Show full text]
  • The Nomination of Merrick B. Garland to the United States Supreme Court
    REPORT ON The Nomination of Merrick B. Garland to the United States Supreme Court WWW.THEGARLANDRECORD.ORG About Alliance for Justice Alliance for Justice is a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society. It works to ensure that the federal judiciary advances core constitutional values, preserves human rights and unfettered access to the courts, and adheres to the even-handed administration of justice for all Americans. Through research, advocacy, and public education, AFJ promotes the creation of a diverse judiciary committed to equal justice for all. In addition, AFJ’s Bolder Advocacy initiative is the leading resource on the legal framework for nonprofit advocacy efforts, providing definitive information, resources, and technical assistance that encourages organizations and their funding partners to fully exercise their right to be active participants in the democratic process. For more information on this report, contact AFJ’s Washington headquarters. Alliance for Justice 11 Dupont Circle NW, Second Floor Washington, DC 20036 202.822.6070 All material within this report is protected by copyright law and may not be reproduced without the express written consent of Alliance for Justice. © 2016 Alliance for Justice Contents EXECUTIVE SUMMARY 3 Introduction 3 Biography 5 Overview of Chief Judge Garland’s Judicial Record and Key Findings 6 Access to Civil Justice 8 Civil Rights 8 Administrative Law 9 National
    [Show full text]
  • Chapter Three Department of Justice Criminal Prosecution Policies
    Chapter Three Department of Justice Criminal Prosecution Policies Chapter Three DEPARTMENT OF JUSTICE CRIMINAL PROSECUTION POLICIES "The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. Any prosecutor who risks his day-to-day professional name for fair dealing to build up statistics of success has a perverted sense of practical values, as well as defects of character. [He should] select the cases for prosecution . in which the offense is the most flagrant, the public harm the greatest, and the proof most certain. ." Attorney General Robert H. Jackson (April 1940) Second Annual Conference of U.S. Attorneys verview. The Department of Justice a modern industrial and free-market society. At O(DOJ) and its 93 U.S. Attorney the same time, these beneficial activities Offices have, as former Attorney General provide jobs and stimulate economic growth Robert Jackson poignantly remarked, "more and development at the local and national control over life, liberty, and reputation than levels. Hence, the proper exercise of any other person in America." How DOJ and prosecutorial discretion is all the more federal prosecutors are guided in the exercise of important in this heavily regulated field. their awesome prosecutorial powers is critical to our constitutional system, which protects This chapter will discuss DOJ's individuals and businesses with a right to prosecution policies and practices, with a focus counsel, right to a jury trial, and due process, on the prosecution of environmental and among other important liberties and safeguards. regulatory cases referred by the EPA and other agencies.
    [Show full text]