Over at Sentencing Law and Policy, Professor Doug Berman has this interesting post about a motion he has filed on behalf of Weldon Angelos attempting to set aside at least part of his 55-year prison sentence for carrying/possessing guns in connection with several low level marijuana deals.
Berman’s post links to a motion he has filed, arguing that part of the 55-year sentence is now invalid after Heller because it punished Angelos for keeping firearms around his house. Angelos, the argument continues, had a constitutional right to keep and bear arms, including arms at his house. Here is a snippet of the argument:
Though the government may eventually dispute some facts set forth in the 2255 motion, there is no dispute that Angelos had no adult criminal record prior to the instant case and that he was subject to 55 years of mandatory federal imprisonment based principally on allegations of possession of firearms in his home, in his car, and on his person. Specifically, the firearms providing the basis for one 25-year mandatory sentencing term were those present within Angelos