Days of Federal Prosecution

Civil War Against CCL Began March 31, 2007. That was
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Etrade Closing Lynch IRA

ccl .420th centETrade closing Lynch's IRA because he was "arrested for selling marijuana"

Lynch Loses Appeal in 9th Circuit

9th Circuit Court BuildingLynch loses in 9th Circuit Court of Appeals but wins a McIntosh hearing September 13, 2018

Lynch Files Supreme Court Certiorari

Supreme CourtFree Federal Public Defenders file Supreme Court Certiorari

Lynch Files Section 538 Motion

rickray 001 42x42Charles Lynch files Section 538 motion to end case based on new 2015 Spending Bill

Rorahbacher-Farr Letter to Inspector General

Letter to Inspector GeneralCongressmen Sam Farr and Dana Rorabacher write letter to Inspector General

Lynch Final Reply to Supreme Court for Hearing

May 28, 2019 Lynch files Final Reply in Lynch vs USA

Free Federal Public Defenders file Reply in Lynch vs USA asking Supreme Court to hear the case. The briefs will be distributed to the Justices tomorrow, and they will hold a conference to decide whether to accept the case (as well as many other cases) on June 13. We should learn the Court’s decision on June 17, or later if the Court needs additional time to consider the petition.

"Almost no criminal cases go to trial these days. On those rare occasions when they do, courts should jealously protect the jury’s historic duty to decide the defendant’s guilt or innocence, and to issue a verdict on behalf of the community. That didn’t happen when Petitioner Charles Lynch defended himself against federal marijuana charges."
"After a prospective juror balked at the idea of convicting Lynch for running a state-legal medical marijuana dispensary, the trial judge issued an anti-nullification instruction that effectively threatened punishment if jurors disobeyed, and polled each juror individually to ensure none would."
"Lynch could have prevailed at trial nonetheless, for he had a defense to the charges: a federal Drug Enforcement Administration official had told him that the legality of his proposed dispensary was a matter of local law."
"Though college-educated, Petitioner had no legal training, and struggled to understand how federal law seemed to criminalize marijuana, while California openly embraced medical marijuana. He studied the conflicting laws as best he could, and tentatively concluded that the Tenth Amendment reserved to the States authority to legalize medical marijuana. How else to explain the hundreds of dispensaries operating in plain sight? Petitioner’s call to the DEA confirmed the apparent correctness of that understanding, which he then included on dispensary forms."
"The Ninth Circuit issued a final judgment affirming Petitioner’s conviction. Lynch, 903 F.3d at 1087. Short of habeas relief, no alternatives remain for overturning that conviction beyond this petition for certiorari."
The Ninth Circuit’s decision doubly diminishes the historic role of the citizenjury in a criminal case, deepens divisions among the lower courts, and contradicts Supreme Court precedent. The Court should grant the petition.
May 28, 2019 Respectfully submitted,
HILARY POTASHNER
Federal Public Defender
ALEXANDRA W. YATES
Deputy Federal Public Defender
Counsel of Record
Attorneys for Petitioner

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 Files Supreme Court Certiorari

March 11, 2019 Lynch Files Supreme Court Certiorari

Free Federal Public Defenders file Supreme Court Certiorari in USA vs Lynch, Lynch vs USA

Lynch vs USA
The questions presented are:
1. May a trial judge issue a coercive anti-nullification instruction to criminal jurors?
2. May a federal defendant present an entrapment-by-estoppel defense based on implicit government assurances that his conduct is legal, as this Court and the Second, Third, and Fourth Circuits have held, or must the assurances be express, as the Ninth Circuit held in Petitioner’s case?

New York Times

New York Times

The New York Times posted a story about Charles Lynch on their website on April 8, 2015. The story should also appear the next day, April 9, 2015 in print. New York Times National Correspondent Erik Eckholm personally traveled from New York to Lynch's home in Farmington New Mexico where the two sat down and talked about the 2015 Federal Spending Bill Section 538 and how it may affect Lynch's Federal Appeals Case. Lynch goes into his eighth year of prosecution for operating a City Sanctioned Medical Marijuana Dispensary in Morro Bay California in 2007. During the interview Erik asked Lynch questions about his days as a Medical Marijuana Dispensary owner in Morro Bay California. Lynch reminisced and showed some historical documents from the business as a professional photographer, Mark Holm, snapped up photos with his telescopic lenses. Erik asked Charlie how it feels to be prosecuted for eight years and other questions without real answers. After the interview Erik and Mark picked up guitars and Jammed a few tunes with Charlie and his Microband. They played some Neil young and other popular music together. Erik and Mark also met with Lynch's family members and a photo shoot wrapped up the two day event. If Lynch's Section 538 motion to the 9th circuit court of appeals succeeds as the Government fears, Lynch's case will set a legal precedent for the 9th District States and possibly the entire nation.

New York Times Article       


 

Lynch Files Federal Section 538 Motion

rickray 001 200x200.fwFederal Medical Marijuana Defendant Charles Lynch, who's prosecution for operating a city sanctioned medical marijuana facility in California goes into the eighth year, has filed a motion in the 9th Circuit Court of Appeals based on the new Federal spending bill which cuts Federal funding for medical marijuana prosecutions in Medical Marijuana states such as California. Lynch's motion asserts that Federal Prosecutors are now in violation of section 538 of the 2015 spending bill by continuing the Federal Prosecution pertaining to Lynch's medical marijuana dispensary. Lynch's motion was filed by his Federal Public Defenders on February 24, 2015.

 

Charles Lynch on Wikipedia

Wikipedia-logo-v2.svg

Charles C. Lynch has been recognized in the World's greatest online Encyclopedia, Wikipedia. Click here to see Charlie's Wikipedia page.

Thomas J.

"I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
Thomas Jefferson.
source: WisdomQuotes.com

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