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

Supreme Court Denies Justice in Lynch vs USA

Supreme CourtSupreme Court Denies hearing Lynch vs USA letting false conviction stand

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

Supreme Court

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

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