Pubdate: Tue, 26 Jul 2005 Source: Daily Progress, The (VA) Copyright: 2005 Media General Newspapers Contact: http://www.dailyprogress.com Details: http://www.mapinc.org/media/1545 Author: Liesel Nowak Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) PRISON TIME IN DRUG CASE CALLED CRUEL Dubbed an "armed career criminal," a Greene County man charged with growing marijuana in Shenandoah National Park has been sentenced to 15 years in prison for possessing drugs and a firearm. Lawyers for Edison P. Crawford are appealing the sentence, arguing in a motion filed Monday that the penalty is a violation of their client's Eighth Amendment protection against cruel and unusual punishment. The Bacon Hollow resident remains free on bond pending the outcome of his appeal. After a yearlong investigation, federal authorities charged Crawford in November 2002 with harvesting $66,400 worth of marijuana in Shenandoah National Park. He pleaded guilty to possessing marijuana and possessing a firearm as a convicted felon in a June 2003 plea bargain with federal prosecutors. Other charges, including manufacturing a controlled substance and possession of marijuana with the intent to distribute, were dropped as a result of the agreement. Prosecutors also agreed to recommend a sentence on the low-end of sentencing guidelines, believed to be between 18 and 24 months. Crawford's criminal history, however, qualifies him for a 15-year mandatory minimum sentence under the federal Armed Career Criminal Act. That was the sentence that Judge Norman K. Moon handed down Friday in U.S. District Court in Charlottesville. In the 1970s, Crawford was convicted of three counts of breaking and entering, according to a motion filed by Crawford's lawyer, John K. Zwerling. In the past 35 years, according to the motion, Crawford was convicted of only one misdemeanor: shooting a bear on federal land. "Mr. Crawford's convictions are so old that Congress has declined to have them count in his criminal history scoring, and they are non-qualifying convictions for considerations as a Career Criminal, yet somehow they qualify to make him an Armed Career Criminal," Zwerling argues in the motion. "The sentence in this case is facially unjust and is so out of proportion as to hold the federal sentencing scheme up to ridicule." Zwerling is asking the court to overturn the 15-year sentence and impose a prison term in the 18-24 month range. The Alexandria lawyer points to a case in which a federal judge in Utah found a 55-year mandatory minimum sentence to be "unjust, irrational and cruel" but imposed it anyway, based on Supreme Court rulings upholding such sentences. On appeal, the Utah case, United States v. Angelos, spurred 100 federal judges and U.S. attorneys to write briefs arguing that the sentence was unconstitutional, Zwerling writes. Further, the criminal conduct triggering the mandatory minimum sentence was "extraordinarily minimal," Zwerling writes. When police searched Crawford's home, they found two rifles not locked away and numerous other hunting firearms in a locked gun case. - --- MAP posted-by: Beth