USA vs Lynch Officially Dismissed

USA vs Lynch officially Dismissed

Honorable Judge Wu has signed the document that dismissed USA vs Lynch and expunges Lynch's Felony convictions.

Honorable Judge Wu signed the official document which dismisses USA vs Lynch, the longest Federal Prosecution in US History, on April 23, 2024. The document offically ends the court proceedings with prejudice and expunges Lynch's felony convictions. Lynch is no longer a felon although the arrest record and court records remain. Lynch was under federal prosecution for over seventeen years when his City Sanctioned Medical Marijauna Dispensary in Morro Bay California was raided on March 29, 2007. Lynch was arrested in July 2007 and eventually convicted in federal court on 5 counts of violating federal law though the alledged crimes were legal under state law. Lynch appealed the convictions to the 9th Circuit Court of Appeals where he again lost. An Appropriations Rider enacted during the Obama Administration which stated Department of Justice cannot spend money to overthrow State Medcial Marijuana Laws. This gave Lynch a new argument and a McIntosh hearing to determine if he was following state law. Lynch's McIntosh hearing was delayed for years while both sides prepared for the hearing. In 2023 Federal Prosecutor David Kowal missed numerous filing dates with no response at all. Free Federal PUblic defenders file motions to dismiss. Kowal finally appeared at the last moment and the McIntosh proceeded in January 2024. The Director of the US Attorneys Office, Mack Jenkins, for the Central District of California witnessed the hearing and decided to take over the case himself. Mr Jenkins worked with Federal Public Defenders and Attorney Reuven Cohen and reached a plea deal. The deal included 72 days of diversion a $2500 fine. Lynch met the terms of the diversion agreement and the case has been dismissed and Lynch's felony record has been expunged. Lynch is laying claim to the Longest Federal Prosecution in US history, 6125 days. Lynch was elated on the agreement and posted on Social media thanking the Biden Administration, Mack Jenkins, Activist, Supporters, Free Federal PUblic Defenders, friends, family and God Almighty for ending this case quoting Martin Luther King's words of Free at Last! Follow Charles C Lynch on Facebook, Instagram, TikToc and X (Formerly known as twitter) @charlesclynch. Thank you for your support!

DOJ Confirms Lynch Met Terms of Diversion

DOJ confirms to court Lynch has meet terms of Diversion Agreement

The Department of Justice confirmed Lynch has met the terms of the Diversion agreement and is recommending the case be dismissed.

The Department of Justice filed a motion to dismiss USA vs Lynch, the longest Federal Prosecution in US History. Lynch agreed to a diversion plan that said if Lynch did not violate any laws for 72 days his 17 year federal Prosecution would end on April 20th, 2024. Lynch met the terms of the agreement and on April 22, 2024 the Goverment filed a [PROPOSED] ORDER DIMISSING JUDGMENT AND CRIMINAL CHARGES BASED ON SUCCESSFUL COMPLETION OF DIVERSION AGREEMENT. Now the order is waiting for Juge Wu's final approval before the case is officially dismissed.

Los Angeles Times Publishes USA vs Lynch Story

Los Angeles Times Published USA vs Lynch Story January 31, 2024

Los Angeles Times Reporters were present for Lynch's recent hearings and decided to Publish a story on Lynch's nearly 17 year Federal Medical Marijuana Prosecution

Los Angeles Times Reporter Brittny Mejia @brittny_mejia was attending Lynch's recent hearings in Federal Court. She was on the Defendant's side of the Gallery. Lynch was curious as to who she was and inquired to find out she was a Los Angeles Times Reporter. Lynch's Former Federal Public Defend Reuven Cohen who is now in private practice at Cohen Williams LLP also was in the gallery. Brittny decided she was going to run a story on the case and Reuven worked with her on the details. Lynch joined Brittny and Reuven for a telephone interview and a story was published on January 31, 2024. Lynch's Free Federal Public Defenders said that the Federal Prosecutors wanted to have a deal before the article was published so they could say they have resolved the case to avoid embarrassment and scrutiny. There is talk that a follow up article will be published after the final hearing. Lynch said he was very pleased with the article that outlined his 17 year federal medical marijuana prosecution with great accuracy and compassion. Click the link below to check out the Article. Lynch was also asking for donations to help him pay the $2500 file that will be imposed by the court and was quoted as saying "Freedom ain't Free, pleae donate today! Thank you for your support!"

Lynch is scheduled to appear before the Honorable Judge Wu who is expected to approve the deal on February 8, 2024 at 10:00 AM in Los Angeles Federal Court. Everyone is invited to attend as it is a public hearing.

Judge Wu Approves Final Deal

Honorable Judge Wu Signs and Approves Final Deal

Honorable Judge Wu signs final Deal in USA vs Lynch and approves Diversion, Fine and Dismissal of charges and record

Honorable Judge Wu signs signs final Plea Deal in USA vs Lynch. The Deal calls for a $2500 fine and 72 days of diversion which upon completion the case will be dismissed and Charles Lynch's 5 count felony record will be wiped clean. Lynch was ecstatic over the decision. Los Angeles Times reporter Brittny Mejia who also recently broke the story of the nearly 17 year federal Prosecution followed up with an article about the case, charges and convictions being dismissed. Lynch pointed out that Federal prosecutors had spent nearly nearly 17 years which is about 26.8% of his life trying to lock him up while every marijuana store in America still operates in felonious violation of Federal Law and again called on Congress to get off thier high horse and Pass the MORE Act. Lynch said he is ready to put the case behind him and move on with a clean record. Lynch gives big THANK YOU to all that supported him though his nearly 17 year federal medical marijuana prosection. Lynch also said he has applied for a Guiness World Record for "The Longest Medical Marijuana Prosecution in World History" and is waiting for a decision that may come on or near April 20th when the case is officially closed.

Los Angeles Times Publishes USA vs Lynch Story Part II

Los Angeles Times Published USA vs Lynch Story Part II February 8, 2024

Los Angeles Times Reporters and photograhers were present for Lynch's final hearings and were instrumental in ending Lynch's nearly 17 year Federal Medical Marijuana Prosecution

Los Angeles Times Reporter Brittny Mejia @brittny_mejia was attending Lynch's recent hearings in Federal Court. She was present when Lynch's McIntosh hearing finally began and published the first article on January 31, 2024 that broke the camels back. Federal Prosecutor's decided to dismiss USA vs Lynch after the Front page January 31st article hit the news stands. The initial plea deal had Lynch ending up with a $2500 fine and lifelong misdemeanor. But thanks to President Joe Biden's marijuana pardon policy, Lynch's case will be dismissed with prejudice and 5 count felony record will be wiped clean without even a misdemeanor on April 20th, 2024. Lynch gives his thanks to Family, Friends, Jounalist and activists who stood by him through his 17 year ordeal. USA vs Lynch the longest most expensive federal medical marijuana in US and possibly World History. Lynch has filed for a Guiness World Record. Click the button below to read the LA Times Article online.

Government Misses Deadline to File June 26th, 2023

June 26, 2023 Government Misses Deadline to File

Federal Prosecutor David Kowal misses deadline of May 24th by one month to file paperwork for McIntosh Hearing in USA vs Lynch

Federal Prosecuter David Kowal missed his own deadline to file paperwork in Lynch's McIntosh hearing. Free Federal Public Defenders file motion to enjoin spending

"Since the filing of the motion, the government has filed two unopposed requests to continue its deadline to file an opposition. (Dkt. Nos. 550, 552.) Most recently, on January 23, 2023, the government requested that the Court continue its opposition deadline by 180 days. (Dkt. No. 552.) The Court granted the government’s request and set the deadline for the government to file its opposition to the motion to enjoin spending on May 24, 2023. (Dkt. No. 553.) The Court also set the reply deadline for June 26, 2023. (Id.) To date, over a month after its self-selected deadline, the government has filed no opposition. Mr. Lynch respectfully requests that the Court grant its motion to enjoin spending due to the government’s non-opposition and put a halt to this now sixteen year prosecution."

Federal Prosecutor Dave Kowal woke from his high paid nap and filed a motion saying he "miscalendared" and asked the court for yet another extension based on the idea Lynch has had so many extensions

"I am filing this request late, after the prior date for the government’s response, because I erroneously miscalendared the date for the government’s response and the time to request this continuance. I had been anticipating that current status conference date of July 31, 2023 was the date for my response. I had expected to file a request for more time after the completion of the trial on July 11, 2023 was complete. I was not aware of my error until the defense filed their reply today (Dkt. 554), as they had not contacted me previously about missing the earlier opposition date. Certainly, given the time I have expended on this matter, I would have not let the time pass for a response without filing something had I realized my error previously. I apologize to the Court and the defense for my mistake"

Judge Wu grants Government request for extension with new dates:

• Government’s Opposition to Motion to Enjoin Spending: October 11, 2023
• Defendant’s Reply to Motion to Enjoin Spending: November 15, 2023
• Final Discovery Cut Off: December 13 2023
• Status Conference: January 8, 2024, at 9:30 a.m.
• Evidentiary Hearing: January 22, 2024, at 9:30 a.m

March 27, 2024 will mark 17 years free loading Federal prosecutor David Kowal has spent trying to lock up Lynch for petty marijuana crimes he did not commit. I did not send Abe Baxter to sell a pound on the street. Meanwhile more that Half the entire nation #cannagarchs build ill begotten schedule I empires operating in Felonious violation of federal law at RICO levels because THC>.03% still schedule I. If Willie Nelson, Jay-z, Jim Belushi, Boris Jordan, Mike Tyson to name a few were held to same legal standard as Charles C. Lynch they all be doing 20-50 year mandatory minimums for operating continuing criminal enterprises.

June 28, 2023 Judge Wu approves Government extension for more time

Request for Delay by Government January 24, 2023

January 24, 2023 McIntosh Hearing Postponed Again

Federal Prosecutor David Kowal submits a request for another extension of McIntosh Hearing in USA vs Lynch

Federal Prosecuter David Kowal filed for an extension to respond to Lynch's McIntosh hearing

"The government’s request is also proper and fair in light of the time that defendant was given to prepare his motion. Defendant filed his recent motion almost exactly three years after the Court had ruled on the preliminary legal issue on remand, in July 2019. (Dkt. 498). Defendant also had over two years to prepare his motion since the parties exchanged expert disclosures in early May 2020, during which time the Court granted the defense approximately seven further different ex parte requests for further time. (Dkts. 525-531, 534, 536, 539)."

• Government’s Opposition to Motion to Enjoin Spending: May 24, 2023
• Defendant’s Reply to Motion to Enjoin Spending: June 26, 2023
• Final Discovery Cut Off: July 22 2023
• Status Conference: July 31, 2023, at 9:30 a.m.
• Evidentiary Hearing: August 7, 2023, at 9:30 a.m

March 27, 2023 will mark 16 years free loading Federal prosecutor David Kowal has spent trying to lock up Lynch for petty marijuana crimes he did not commit. I did not send Abe Baxter to sell a pound on the street. Meanwhile more that Half the entire nation #cannagarchs build ill begotten schedule I empires operating in Felonious violation of federal law at RICO levels because THC>.3% still schedule I.

January 25, 2023 Judge Wu approves Government extension for more time

Supreme Court Denies Justice in Lynch vs USA

June 17, 2019 Supreme Court Denies hearing Lynch vs USA

Free Federal Public Defenders called and said the Supreme Court denied hearing Lynch vs USA. Lynch lost his Appeal to the 9th Circuit and Supreme Court Denied Hearing case. Lynch maintained his innocence on count 1 and following State Law on counts 2-5. Lynch did win a McIntosh hearing based on the Section 538 Appropriations rider but hope of the truth being part of the record will forever be lost.

"This is a miscarriage of Justice out of my hands. In America a man can be convicted of mandatory minimum crimes he did not commit. Pat Hedges is a liar and a crook who fabricated the fake Baxter Conspiracy I was convicted of in Federal Court. Federal Prosecutors are either gullible fools or part of the Pat Hedges conspiracy to frame me for crimes I did not commit. I did not send Abe Baxter to sell on the Street."

Solicitor General Files Opposition

May 15,2019 Government files Opposition in Lynch vs USA

Government files Opposition in Lynch vs USA asking Supreme Court to not hear the case

The prospective juror responded: “You finally said something I can relate to. I understand that completely. I believe there is something called jury nullification, that if you believe * * * the law is wrong * * * you don’t have to convict a person. That’s it.”
"At a minimum, it was unreasonable for petitioner to proceed to run a multi-million dollar marijuana business based on a short, non-specific conversation with a DEA employee whose name and position he did not know (or at least failed to record), without even attempting to follow up or seek more detailed guidance."
"Finally, the petition should be denied because the case comes to the Court in an interlocutory posture. This Court “generally await[s] final judgment in the lower courts before exercising [its] certiorari jurisdiction.”...In addition to remanding for resentencing, the court of appeals also instructed the district court to address on remand petitioner’s argument regarding the appropriations rider."
"The petition for a writ of certiorari should be denied."
Respectfully submitted.
NOEL J. FRANCISCO
Solicitor General
BRIAN A. BENCZKOWKSI
Assistant Attorney General
FINNUALA K. TESSIER
Attorney

Lynch Section 538 Motion Denied

The following transaction was entered on 06/22/2015 at 1:34:40 PM PDT and filed on 06/22/2015

Case Name: USA v. Charles Lynch
 
Case Number:  10-50219
 
Docket Text:
 Filed order (ALFRED T. GOODWIN, WILLIAM C. CANBY and JACQUELINE H. NGUYEN): We have considered the amicus briefs filed in support of appellant Lynch’s “motion for en banc rehearing.” The “motion for en banc rehearing” is construed as a motion for reconsideration en banc of the April 13, 2015 order. So construed, the motion for reconsideration en banc is denied on behalf of the court. See 9th Cir. Gen. Ord. 6.11. Appellant Lynch’s fourth motion for an extension of time to file the third cross-appeal brief is granted. Additionally, the court sua sponte extends the time to file the optional cross-appeal reply brief. The third cross-appeal brief is due August 21, 2015, and the optional cross-appeal reply brief is due September 18, 2015. [9582788] [10-50219, 10-50264] (AF)
 
 Notice will be electronically mailed to:
 
 Mr. Jean-Claude Andre, Assistant U.S. Attorney
 Professor Jenny Elizabeth Carroll
 Mr. Joseph David Elford
 Mr. David P. Kowal, Assistant U.S. Attorney
 Paula Michelle Mitchell, Counsel
 Mr. Michael V. Schafler
 USDC, Los Angeles
 Honorable George H. Wu, District Judge
 Alexandra Wallace Yates, Federal Public Defender

Don't miss the latest CCL updates. Lets get Social with it!

Donate today!

News