Lynch Section 538 Motions

USA vs LYNCH

FREE AT LAST!:April 23, 2024 USA vs Lynch dismissed and his Felony convictions expunged. USA vs Lynch the longest most expensive Federal Prosecution in US history is over. US Government spent 17 years and 56 million taxpayer dollars TRYING to lockup Charles Lynch for crimes he did not commit. Scroll down to read the news and see the official court documents.

INCREDIBLE NEWS: February 8, 2024 Lynch signs NEw plea deal to $2500 fine and 72 days of diversion wiping out 5 felonies a 5 year mandatory minimum sentence and ending the nearly 17 year Federal Prosecution. Lynch gets off without even a misdemeanor on his record. Final order was signed on February 8 2024 by the Honorable Judge Wu. Scroll down to read the new deal.

BREAKING NEWS: January 2024 Lynch signs plea deal to misdemeanor possession and $2500 fine wiping out 5 felonies a 5 year mandatory minimum sentence and ending the nearly 17 year Federal Prosecution. Lynch will be left with a misdemeanor possession charge on his record. Final hearing set for February 8, 2024 10am in Los Angeles, CA Superior Court. Scroll down to read the plea agreement.

January 31, 2024 LA Times runs story on USA vs Lynch case exposing prosecutorial misconduct and unfairness of 17 year federal medical marijuana prosecution to the World. Feds scramble to reach deal before story breaks to avoid embarrassment and be able to say case has been resolved. Scroll down for link to the story.

January 22, 2024 Lynch appears in Federal Court for McIntosh hearing. Federal Prosecutor David Kowal puts on a real circus act asking for more time but the Judge tells him time is up and admonishes him for missing previous deadlines. Director of Criminal Division and Prosecutor David Kowal's boss Mack Jenkins watches from the gallery to see a prosecutor in total disarray. Scroll down for the story.

November 2023 Federal Prosecutors miss deadline to file in McIntosh hearing in USA vs Lynch two times in a row. Lynch files for motions to dismiss. Scroll down for latest updates

January 2023 Court again re-schedules McIntosh hearing in USA vs Lynch for August 7, 2023. Government pushes the blame off to Lynch for all his delays in hearings in the past.

October 2020 Court re-schedules McIntosh hearing in USA vs Lynch for April 2021. In 2020 Lynch's case was stalled by the Corona Virus Outbreak. The McIntosh hearing will determine if Lynch was following State Law 14 years ago. The McIntosh hearing is now scheduled for April 1, 2021.

April 2, 2020 Federal Prosecutors schedule McIntosh hearing in USA vs Lynch. In 2019 Lynch took his arguments to Supreme Court which paused the Section 531 Arguments. Lynch lost at the Supreme Court but won a McIntosh Hearing. The McIntosh hearing will determine if Lynch was following State Law 13 years ago. The McIntosh hearing is scheduled for March 2020 through August 2020.

March 3, 2017 Free Federal Public Defenders file Notice and Request for a McIntosh Remand or Relief to end ongoing 10 year Federal Medical Marijuana Prosecution of Charles Lynch.

Appropriations Action Section 538 of 2015 was renumbered to Appropriations Act Section 542 in 2016. The Section expires in April 2017 if not renewed. The rider was renewed in 2018, 2019 and 2020. The 2020 version is numbered Section 531.

February 24, 2015 Charles Lynch filed Appropriations Act, 2015 Section 538 Motion to end his prosecution for operating a medical marijuana dispensary in 2006. The series of Government and Lynch motions follows with most recent first.

SEC. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

Lynch Appears for McIntosh Hearing in Los Angeles

Lynch appears for McIntosh Hearing in Los Angeles Federal Court January 22, 2024

Charles Lynch appeared in Federal Court for the McIntosh hearing which the govermment missed Status hearings and failed to file documents and discovery for the hearing. Federal Prosecutor David Kowal was visibly nervous and was accidently shooting rubber bands across the courtroom as he scrambled to make his last minute preparations for the hearing. Judge Wu was visibly upset with Kowal's performance and gave him 1 hour to submit his evidence that was already on the record with no opportunity to file any new evidence. Prosecutor David Kowal's supervisor was in the gallery as Kowal's circus act unraveled. Prosecutor repeatedly tried to hold Lynch accountable for precedents that came after Lynch's operation was shut down and Judge Wu repeatedly reminded the prosecutor that precedents set after Lynch's case began cannot be used against Lynch. Kowal proceded to angrily accuse Lynch of operating for a profit declaring that Lynch was not setup as a non profit as required by California law that was not a requirement under California Medical Marijuana laws at the time Lynch operated. Kowal also constantly accused Lynch of lining his pockets with profits when in fact Lynch was paying business related and startup expenses. The Judge gave Kowal about 1 hour to submit his already on the record evidence and reminded him at the 30 minute and 1 minute marks how much time he had left. Federal Public Defenders were prepared and professionally objected to the Government's admittedly egregius failures in attending status conferences and filing required paperwork. Judge Wu adjorned the hearing and will issue a ruling soon. The hearing to dismiss is still on Calendar set for February 26th in Los Angeles. A number of Lynch's dedicated supporters and Family attended the hearing as well as Lynch's original Federal Public Defender Rueven Cohen who now is partners in a private law firm. The LA Times reporter Brittny Mejia @brittny_mejia also attended the hearing. Lynch found a LA Times sticker on the floor at the door of Judge Wu's courtroom and posted the photos on Twitter and Facebook. Activist Marissa Queen attended the hearing and made a generous dontation. Former patients and employees donated and were scheduled to attend the hearing but canceled after the government made motions for extensions but were still there in spirit. Lynch has filed for a Guinness World Record for the Longest Medical Marijuana prosecution in World History. Follow charles.c.lynch on Facebook and @charlesclynch on Twitter instagram and Tiktok for latest updates and rants.

To support Charlie Donate online, Download his @weedplates app from the Apple Store for .99cents which does cannabis images on the Apple Watch and iPhone or order a Native American Apple Watch band from Charlie's new business in New mexico Bilasaana. Lynch is building a new industry for the People of the Navajo Nation @bilasaana www.bilasaana.com. Bilasaana where culture and technoloy meet. Thank you for your support!

Lynch motion to deny extension of McIntosh Hearing Scheduled for January 22nd, 2024

January 19, 2024 Lynch files motion to Deny Extension for McIntosh Hearing set for January 22, 2024

Even after Judge Wu denied the government's motion to continue Lynch's McIntosh hearing Free Federal Public Defenders finished their work that was already in progress to deny the motion.

"Lynch hereby submits his opposition to the government’s ex parte application to take the hearing set for Monday, January 22, 2024 off calendar " (Dkt. No. 563.) The government’s desperation to avoid the consequences of its abandonment of its duty in this case is plain. The hearing must procced, and the government must be held accountable for it’s “pattern of nonfeasance.” (Dkt. No. 562 at 7 n.6.)

Charles Lynch and his Mother drove to California for the hearing on January 22, 2024. The trip was funded by Charlie's brother Tom.

Gov Request for Extension Denied Hearing Set for January 22nd, 2024

January 19, 2024 Government request for Extension Denied Hearing set for January 22, 2024

Judge Wu Denies Federal Prosecutor David Kowal's request to have McIntosh hearing off calendar until after Motion to dismiss is resolved. McIntosh hearing set for Monday January 22nd, 2024 in Federal Court Los Angeles.

"The Government’s most recent ex parte application (ECF No. 563) is denied. "

Charles Lynch and his Mother are heading for California and Lynch will appear for the Monday Morning January 22nd 2024 hearing 9:30am in Los Angeles Federal Court

Government requests take McIntosh Hearing off Calendar January 18th, 2024

January 18, 2024 Prosecutor moves to take McIntosh Hearing off Calendar

Federal Prosecutor David Kowal has asked the court to take Lynch's McIntosh hearing off calendar until after Motion to dismiss is resolved.

Federal prosecutor David Kowal frantically filed another motion today to take Lynch's McIntosh hearing scheduled for January 22, 2024 off calendar until the Motion to Dismiss is resolved.

"Government counsel incorrectly thought that the motion to dismiss would precede any evidentiary hearing on the motion to enjoin spending, and that the government would not have to move separately to take the evidentiary hearing off calendar. Undersigned counsel has incorrectly assumed that all prior dates regarding the motion to enjoin would not go forward, including the recent status conference on January 8, 2023, because the motion to dismiss would potentially obviate the need for further proceedings with respect to the motion to enjoin and accompanying evidentiary hearing."

Free Federal Public Defenders are recommending Lynch attend the Evidentiary hearing if it goes as schedule on January 22, 2024

Judge Wu Grants Extension on Motion to Dismiss January 18th, 2024

January 18, 2024 Judge Wu Grants Dismissal Hearing Extension, but...

Judge Wu granted the Government's last minute continuance request for Dismissal but ordered the McIntosh Evidentiary hearing is to proceed as scheduled on January 22, 2024 at 8am in Los Angeles.

Judge Wu granted the Government's last minute continuance request on Motion to Dismiss but orders the Mcintosh Evidentiary Hearing Scheduled for January 22, 2024 to proceed as schedule

"The Court GRANTS the Government’s Continuance and extends the MTD dates as proposed by the Government. While the Court grants the Government’s Continuance as to the MTD, the Court notes that the Government has not requested any extension with respect to the evidentiary hearing.7 Currently, the evidentiary hearing is on calendar for January 22, 2024 (as it was set by the Court on June 28, 2023 at the Government’s request), and it will proceed as scheduled." "3. Defendant filed the pending motion to dismiss without meeting and conferring with the government about scheduling or otherwise, and the Court’s current schedule was also made without input from government counsel. (Dkt. 558). "

Lynch is not sure whether he will attend the Evidentiary hearing in person, probably by phone unless Free Federal Public Defenders recommend otherwise

Lynch files Opposition to Extension on Dismissal Hearing January 18th, 2024

January 18, 2024 Lynch Files Opposition to extension on Dismissal Hearing

Free Federal Public Defenders filed a motion opposing the Government's last minute continuance request.

Federal Public Defenders filed a motion oppossing the Government's last minute continuance request saying without sanction by the Court, the government will continue to flagrantly ignore court-ordered deadlines, scheduled hearings, and Mr. Lynch’s basic right to have his case heard

"After failing to file a singe document in nearly seven months and failing to appear at a scheduled hearing, the government now asks for a month-long extension of its deadline to oppose one of the two pending motions and to continue the hearing. No such extension is warranted. The government has failed in its basic obligation to exercise its power responsibly and justly and it must be held to account. To understand the egregiousness of the government’s actions, a timeline is helpful.

• July 19, 2022 Defense filed its motion to enjoin the government’s spending on this prosecution. (Dkt. No. 544.)

• August 19, 2022 Government filed unopposed request to continue opposition deadline to January 23, 2023, which is granted. (Dkt. Nos. 550- 51.)

• January 23, 2023 Government filed unopposed request to continue opposition deadline to May 24, 2023, which is granted. (Dkt. Nos. 552-53.)

• May 24, 2023 Government fails to file its opposition to the motion to enjoin spending. The government makes no attempt to contact the defense or the Court about missing its self-selected deadline.

• June 27, 2023 Defense files its reply noting the government’s non-opposition and requesting the Court grant the motion. (Dkt. No. 554.)

• June 27, 2023 A month after its deadline to oppose, the government files a “late ex parte application to continue dates,” and requests a new opposition deadline of October 11, 2023. (Dkt. No. 555.)

October 11, 2023 Government fails to file its opposition to the motion to enjoin spending. The government makes no attempt to contact the defense or the Court about missing its second, self-selected deadline.

• November 15, 2023 Defense files its reply and motion to dismiss based on the government’s repeated failure to oppose and “flagrant disobedience” of the Court and Mr. Lynch’s rights. (Dkt. No. 557.)

• November 22, 2023 The Court sets a hearing on the motion to dismiss for January 22, 2024. (Dkt. No. 558.)

• January 2, 2024 Government fails to file its opposition to the motion to dismiss. The government makes no attempt to contact the defense or the Court about missing its third deadline.

• January 8, 2024 Government fails to appear at a status conference set by the Court. The status conference was set on a date selected by the government and yet it failed to appear, to contact the Court, or to contact the defense.

• January 16, 2024 The government files is request to continue the deadline to file its opposition to the motion to dismiss, which was due two weeks earlier, and fails to even mention the motion to enjoin spending." "3. Defendant filed the pending motion to dismiss without meeting and conferring with the government about scheduling or otherwise, and the Court’s current schedule was also made without input from government counsel. (Dkt. 558). "

To date, the government has offered no opposition to the motion to enjoin spending, and for the reasons stated in both of the defense’s replies, it should be granted. (Dkt. Nos. 554, 557.) Moreover, Mr. Lynch and his family intend to be present in person at that hearing. Mr. Lynch resides in New Mexico and has already scheduled transportation and accommodation for the January 22, 2024 hearing. Rescheduling will cause direct hardship to Mr. Lynch and his family, who are eager to have this matter heard and the case resolved after over 16 years

Lynch had reserved a room and was planning on attending the 1-22-24 hearing but canceled room before charges were locked in just in case Judge extends hearing into February. Lynch says he will attend the hearing if it occurs on January 22, 2024

Government files for Extension on Dismissal Hearing January 16th, 2024

January 16, 2024 Government Files Motion for Continuance on Dismissal Hearing

Federal Prosecutor David Kowal filed a desperate last minute motion for a continuance until February 26th on Lynch's motioin for dismissal on the fact prosecutor has missed many deadlines and hearings with no response till today.

Federal Prosecuter David Kowal missed his own deadlines for the past year and filed a motion to move Lynch's Dismissal hearling to February 26th 2024. Free Federal Public Defenders are filing a motion to deny any more continuances

"I make this declaration in support of the government’s motion to continue dates on with respect to defendant’s pending motion to dismiss. (Dkt. 557). A hearing on the motion is currently scheduled for January 22, 2023 at 9:30 p.m. The government needs more time to file its response for the following reasons. " "3. Defendant filed the pending motion to dismiss without meeting and conferring with the government about scheduling or otherwise, and the Court’s current schedule was also made without input from government counsel. (Dkt. 558). "

A dismissal hearing is still set for January 22, 2024 although Honorable Judge Wu may continue the hearing into February

Lynch had reserved a room and was planning on attending the 1-22-24 hearing but canceled room before charges were locked in just in case Judge extends hearing into February.

Government Misses Deadline to File November 15th, 2023

November 15, 2023 Government Misses Deadline to File Again

For Second time in a row Federal Prosecutor David Kowal misses deadline of November 15th by one month to file paperwork for McIntosh Hearing in USA vs Lynch. Free Federal Public Defenders file motion to Dismiss.

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

"This is the second time the government has failed to oppose the defense’s motion to enjoin spending. Each time, the government has set its own date to file its opposition. And, each time, it has completely ignored its obligation to this Court, to Mr. Lynch, and to justice. Once again, an entire month has elapsed after the government’s chosen date to file its opposition and nothing has been filed. The government’s egregious conduct cannot be sanctioned by this Court.
The government has prosecuted Mr. Lynch for operating a medical marijuana dispensary for sixteen years. He has been subject to supervision for sixteen years. He has dealt with the uncertainty of whether he would be jailed for sixteen years. He has diligently defended himself against every indignity he has suffered as a result of this prosecution. " "The Hoffman court found dismissal particularly appropriate because, just as occurred here, “the government here did not even attempt to meet the court-ordered deadlines.” Id. at *3. Like in Hoffman, here, the government has twice ignored the deadlines set by the court. Each time, a month has passed after its self-selected deadlines. How many times can one “erroneously miscalendar[]” a deadline? (Dkt. No. 555 at 5.) No excuse can justify the government’s egregious disregard for the Court’s order. It is not the defense or the Court’s obligation to remind the government of its obligations to Mr. Lynch and to this Court. (Id. (attempting to blame the defense for missing the first time it disregarded its opposition deadline, complaining that the defense had “not contacted me previously about missing the earlier opposition date”).)"

~~A dismissal hearing is set for December 14, 2023 although Honorable Judge Wu may dismiss the case at any time sooner than that.~~
12-22-2023 Judge Wu reschedules hearing for dismissal to January 22, 2024 8am

~~• Defendant’s Hearing for Dismissal: December 14, 2023~~
• Defendant’s Hearing for Dismissal: January 22, 2024 8am

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 than Half the entire nation #cannagarchs build ill begotten schedule I empires operating in Felonious violation of federal law at RICO levels because THC>.03% is still schedule I. Stock brokers like ETRADE sell stocks of Illegal marijuana companies while closing Lynch's IRA for a "marijuana arrest". Politicians like Former Speaker of the House John Boehner are on the board of illegal marijuana companies Acreage Cannabis and earn millions of dollars a year conspiring to distribute a schedule I drug. If Russian/Canadian #cannagarch Boris Jordan CEO of Curaleaf whose illegal marijuana company is traded on the stock market and who has 100's of Armed Marijuana Stores across the nation held to same legal standard as Charles Lynch he be doing 50 years for operating a continuing criminal enterprise with Firearm enhancements. Equal Justice in American when it comes to Marijuana is a pipe dream. Democrats in Congress trying to Pass MORE Act which would deschedulize THC>.3%, expunge records and restore constitutional rights of millions being blocked by Republicans who oppose marijuana reforms.

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

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