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

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 Lynch reminisced and showed some historical documents from the business as a professional photographer, Mark Holm, snapped up photos with his telescopic lenses.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

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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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