cannabisnews.com: Judge Quits Case Over Federal Sentencing Guideline Judge Quits Case Over Federal Sentencing Guideline Posted by FoM on January 22, 2001 at 07:45:51 PT Statewire Source: Star-Tribune A federal judge critical of mandatory drug-sentencing laws removed himself from a criminal case rather than sentence a first-time drug offender to 10 years in prison. Chief U.S. District Judge Paul Magnuson of St. Paul refused to comply with an order from the 8th U.S. Circuit Court of Appeals to give Shellie Langmade more prison time. " Langmade will be sacrificed on the altar of Congress' obsession with punishing crimes involving narcotics, " Magnuson wrote Thursday in the order taking himself off the case. " I am so embittered by the government' s merciless conduct that I simply could not be impartial upon resentencing." Magnuson' s decision was uncommon but not unheard of, according to University of Minnesota law professor Barry Feld. Feld said the case is part of a national debate over mandatory sentences in state and federal nonviolent drug offenses. " The federal sentencing guidelines and drug policies are really irresponsible and unjust, and there are a few courageous judges out there who have been willing to say so, " he said. President Clinton has said the mandatory sentences should be reconsidered, and on Wednesday New York Gov. George Pataki proposed shorter prison terms for nonviolent drug offenders in that state. Defenders of the sentencing guidelines point to decreasing crime rates and the deterrent effect of harsh punishment. A spokeswoman for B. Todd Jones, outgoing U.S. attorney for Minnesota, would not comment about Magnuson' s order or Langmade' s case. Magnuson also would not comment on the case. The case has been assigned to U.S. District Judge Donovan Frank. In 1999, Langmade, 38, and five others were charged with conspiracy to manufacture methamphetamine. She pleaded guilty under an agreement with the U.S. attorney' s office that set a sentencing range of five years and 10 months to seven years and two months. But the deal fell apart when a pre-sentence investigation showed that Langmade was convicted in Anoka County on two misdemeanor counts of passing bad checks in 1993 -- one for $45 and another for $38.50. She got a year of probation for each check. If Langmade' s probation had been just a day shorter, she would be eligible for a sentencing " safety valve" that allows some defendants to get less than the minimum sentence mandated by Congress. Magnuson sentenced Langmade according to the plea agreement anyway, reflecting his feeling that the facts of Langmade' s case made " 10 years' imprisonment ... unconscionable and patently unjust." Prosecutors appealed the sentence. Source: Minneapolis Star-Tribune (MN) Published: Monday, January 22, 2001 Address: 425 Portland Ave., Minneapolis MN 55488 Copyright: 2001 Star Tribune Fax: 612-673-4359 Contact: opinion startribune.comWebsite: http://www.startribune.com/ Forum: http://talk.startribune.com/cgi-bin/WebX.cgi Feedback: http://www.startribune.com/stonline/html/userguide/letform.html Related Articles & Web Site:Families Against Mandatory Minimumshttp://www.famm.org/Clinton Urges Extension Of Civil Rights Policieshttp://cannabisnews.com/news/thread8323.shtmlClinton: Pot Smoking Should Not Be Prison Offensehttp://cannabisnews.com/news/7/thread7920.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by m segesta on January 23, 2001 at 04:42:31 PT: wrong about judge(s) you guys are just plain wrong about FEDERAL judges wanting to get along with a governor or be "re-elected." Federal judges are appointed by President and confirmed byt he Senate and serve for life, unless impeached, which is very rare. After ten years of service, I think, a Federal Judge can go on "senior" status (i.e.m they only hear cases they want)and many with that status simply refuse to hear drug cases because of mandatory minimums. This is a courageous judge to do what he did without benefit of senior status.You are right that if more, or all, federal judges did this Congress would seriously have to reconsider madatory minimums, forget about prosecutions, or spend a whole lot of time impeaching an imponderable number of judges. [ Post Comment ] Comment #3 posted by meagain on January 22, 2001 at 12:26:12 PT Right on Judge This judge would be re-elected here. [ Post Comment ] Comment #2 posted by Ethan Russo, MD on January 22, 2001 at 11:57:42 PT: Politics Kap, right as usual. The trouble is that these judges are often the victim of politics themselves. They may not be able to get or keep a job unless they meet the whims of the voters or governor. The way to improve the situation is to prove that we the people against prohibition are in the majority, vote religiously, and will not be silent in the face of abuse of power. [ Post Comment ] Comment #1 posted by kaptinemo on January 22, 2001 at 11:32:24 PT: Another brick pops out. This has been a long time coming. And it may be spreading.But you'll forgive me if I don't seem overly enthused at the prospect of a judge re-discovering his conscience. Judges have been grumbling about this situation for a decade and a half, and *now* one decides to break ranks. He should be applauded, yes, but how many others did he visit the State's vengeance-cloaked-as-justice upon an equally 'deserving' person? How many cannabis users are rotting in jail because of him and others? Judges are very jealous of the power that they have sought to gain over nearly a lifetime. They really hate having to toe the line when doing so means a diminution of that power. The Fed 'guidelines', born of the anti-crack hysteria of the 1980's, have proven to be an embarrassing failure. Particularly when a murderer is let loose from prison to make room for a pot-head - and the murderer kills again. Not very politic. Not very politic, at all.So we should keep this in perspective. Hooray that he has recused himself...but the problem remains. Only when enough judges get together and go on strike against these inhumane 'guidelines' will there be real reason to celebrate this seeming jurisprudent sea-change. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: