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FAMM: BEHIND BARS: Victims Of Mandatory Minimums (3/4)

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Rich Winkel

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Jul 22, 1997, 3:00:00 AM7/22/97
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[Image] Marcus Woods

Sentence: 15 years to life
(Ohio state conviction)

Conviction: Aggravated trafficking of
5.98 grams of LSD

Priors: None

Date of
Sentencing: August 4, 1995

Date of
Birth: May 30, 1971

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Early in his junior year at Indiana University, Marcus and a friend went to
a Grateful Dead show in Ohio. In the parking lot before the show, Marcus and
his friend separated for about three hours to look for other friends.
Driving home from the concert, Marcus' friend showed him a cassette case
filled with LSD that he had traded a blanket for at the concert. On the
drive home, their VW bus was pulled over for an improper change of lanes
without signaling. The police officer asked Marcus' friend if there was any
contraband in the VW. He said yes and handed the police officer a small pipe
and some marijuana from the van. He was immediately taken into custody. The
police officer then asked Marcus if there were more drugs in the van, noting
that if Marcus was helpful the police officer would write that in his
report. Marcus handed over the tape case of LSD and was arrested. A search
of the friend's van turned up more LSD and marijuana. Both Marcus and his
friend denied ownership of the LSD. Marcus had no prior offenses but was
charged with everything illegal that was found in the van.

At sentencing, County Judge Judith Cross was quoted in the Akron Beacon
Journal, saying, "If I could I would sentence you to probation. ... We don't
get to balance these things. It takes away [judges'] discretion, what we
think should happen to a particular person. ... Fifteen years to life is
what I give murderers and rapists. I've given mandatory sentences before,
but not like this. This guy has absolutely no record." Unfortunately,
Marcus' appeal was denied.

Prior to his arrest, Marcus was employed at a WalMart distribution center
and was attending classes at Indiana University. He lived at home with his
mother and his 13-year-old brother, for whom he was the primary caretaker
because his mother worked nights.

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