In a victory for the defense, the son of convicted Duluth head-shop owner James Carlson was sentenced Wednesday to three years' probation with no prison time, despite a request by federal prosecutors that he receive a year in prison for two misdemeanor counts of distributing illegal synthetic drugs.
U.S. District Judge David Doty also ordered Joseph Gellerman, 35, of Duluth to pay a $1,000 fine, do 300 hours of community service and be placed on an electronic monitor for 90 days. He was also given other restrictions, including no employment in a store selling either drug paraphernalia or guns.
"We're pleased with the judge's sentence, particularly in light of Mr. Gellerman's limited involvement in the case," said Charles Hawkins, Gellerman's attorney.
Before the sentencing, Hawkins told Doty that Gellerman was simply a $9-an-hour clerk in his father's shop, the Last Place on Earth, and had no responsibility in the ordering or production of the synthetic drugs. "He worked the cash register," said Hawkins.
Nate Petterson, an assistant U.S. attorney, argued for prison time for Gellerman, noting that he continued to work in the head shop selling the illegal synthetic drugs after search warrants were executed on the Duluth store and after he was indicted.
The U.S. attorney's office said it would have no comment on Gellerman's sentence.
Carlson, Gellerman's father, was convicted Oct. 7 on 51 counts, including conspiracy in the sale of illegal synthetic drugs at the same trial where the jury acquitted Gellerman of the most serious charges against him. Carlson's girlfriend, Lava Marie Haugen, was convicted on four felony counts including conspiracy.
Carlson received a 17½-year sentence on Aug. 14 and is now in prison, while Haugen got a five-year sentence and is scheduled to begin serving her sentence next week. She attended Gellerman's sentencing and sat in the gallery next to Carlson's attorney, Randall Tigue.
Gellerman declined to speak when Doty asked him if he had anything to say before sentencing.
Asked for his reaction after the sentencing, Gellerman said, "I'm pleased." As for Doty's decision to give him no prison time, he said, "Thank the judge for that."
His father has been transferred several times since he was sent to prison. "I'm not even sure what state he is in," said Gellerman. "I feel for him."
Randy Furst • 612-673-4224 Twitter: @randyfurst
