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An argument that the Second Amendment and Heller should help Weldon Angelos

By Douglas A. Berman

Regular readers should recall the name Weldon Angelos; Angelos was subject to federal mandatory sentencing terms of 55 years because of gun possession linked to three small hand-to-hand marijuana sales in a public parking lot.  Regular readers may also recall from this post that, upon the request of Weldon's sister, a pro bono legal team (of which I am a part) filed a lengthy 2255 motion in December 2007 making an array of constitutional arguments on Angelos's behalf.  (The original motion is available at this link, and the government is scheduled to file its response in the near future.) Today marks another chapter in this legal story because this same legal team has just filed a motion for partial summary judgment based in large part on the Second Amendment as it is now understand after Heller...continue to full post

Full post as published by Sentencing Law and Policy on September 15, 2008 (boomark / email).