the drug "war" is unnecessarily destroying lives, but things ain’t so bad...

the United States Supreme Court has agreed to hear the case of young Brian Gall, who, god forbid, received a probated sentence in federal court after pleading guilty to selling ecstasy. yes, I know, trafficking in illicit substances is a horrible, evil act that must be punished to the fullest extent of the law, lest we encourage children to dull the pain of watching their elders completely destroy their nation and the world by turning to pills and powders and leaves. here's the thing...this kid did everything right, he should be the posterboy for turning your life around and not letting drugs destroy you. instead, the government wants to make him yet another number in prison.

see, Brian Gall started selling ecstasy when he was in college at Iowa (shudder...attending Iowa may require prison). yup...he was at the always mature age of about 20...when we all know that nobody does anything stupid, especially for a few extra bucks. but he didn't keep it up very long, instead, he graduated after breaking ties with traffickers. with his degree, earned in 2002, Gall moved to Arizona and started a business - a legit business, in construction. well, a couple years ago the DEA finally got around to catching up to Gall (yup, the "war on drugs" is so effective that the DEA is three years behind). they asked him about his dealings, three years prior, and he copped to everything.

well, the Government was apprently not satisfied with Gall's self-rehabilitation and figured it could do it better by putting an orange jumpsuit on him and letting him learn from career criminals. so they indicted him. and Gall, continuing with the theme, pled guilty. our ludicrous sentencing guidelines (those same gems that seem to think 500 grams of cocaine is the equivalent of 5 grams of crack...meaning inner-city - read "black" - dealers get insanely larger sentences while whitey politicians snorting get a break...coincidence?) called for the kid to get about three years in prison. the Honorable (and I actually mean that) Robert W. Pratt recognized that sending Gall to prison did nobody any good since the kid had rehabilitated himself, and so sentenced him to probation.

the United States Attorney (that bastian of fundamental fairness) decided probation was not enough for a kid that got out of the drug business on his own and straightened himself up before admitting to everything he had done upon being questioned and pleading guilty...and so they appealed. (keep in mind, Gall will always be a convicted felon regardless...and this is how your tax dollars are being spent). the 8th Circuit somehow agreed with the Government, claiming to give probation when the guidelines (maybe I am mistaken of the meaning of "guideline") call for prison time...stating that to do so requires "extraordinary circumstances" - and that Gall quitting, cutting ties with traffickers, graduating, and starting a legitimate business before admitting to everything and pleading guilty is not "extraordinary circumstances." (obviously, none of these judges ever practiced criminal law...because there simply are not defendants like Gall...it doesn't happen).

so now we are to the Supremes...and despite their insanely conservative bend...they don't like taking things away from judges and juries...so here is hoping Gall can keep being a productive member of society. (you would think they would want him to keep paying taxes rather than leech through prison).

despite all this...things are pretty damn good for the time being. jason collett was in albuquerque on sunday night...about 25 other people were there. one of the few benefits of albuquerque. in about 10 days I'll be seeing yo la tengo, a dear friend's wedding, family and superdrag in the glorious shadows of the Chicago skyline. ski season is quickly approaching...and the skies are greying with rain and chills in the air. the Cubs are attempting to win a world series, opening the playoffs against a team in a state founded after they won their last...

I miss the city...

sometimes faith just hides what you don't want to see...