May 4, 2020 Feds and Defense disclose McIntosh Expert Discovery

Federal Prosecutors and Federal public defenders file Expert Discovery 2020 in USA vs Lynch

Federal prosecutors file Expert Witness Disclosure. DEA Agent Dennis R. Packer will argue that Lynch's business model was not correct. Federal Public Defenders file Exper Witness Disclosure. Alex Kreit and Ofor Lion will provide expert witness that Lynch complied with State Laws. These disclosure documents are not available online at this time.

April 29, 2020 Court Reschedules dates for McIntosh Hearing Schedule

Judge Wu approves McIntosh Hearing Schedule May 2020 thru September 2020 in USA vs Lynch

Due the Corona virus pandemic Judge Wu reschedules the McInthosh hearing schedule for Lynch: Expert Discover May 4, 2020; Defendant's motion to enjoin spending June 18, 2020; Government's opposition to motion to enjoin July 16, 2020; Defendant's reply August 13, 2020; Final Discovery Cutoff August 27, 2020; Status Conference September 10, 2020; Evidentiary Hearing September 24, 2020.

March 18, 2020 Court Sets dates for McIntosh Hearing Schedule

Judge Wu approves McIntosh Hearing Schedule March 2020 thru August 2020 in USA vs Lynch

Judge Wu sets the McInthosh hearing schedule for Lynch: Expert Discover March 27, 2020; Defendant's motion May 14, 2020; Government's opposition June 11, 2020; Defendant's reply July 9, 2020; Final Discovery Cutoff July 23, 2020; Status Conference August 3, 2020; Evidentiary Hearing August 10, 2020.

March 10, 2020 Government Proposes McIntosh Hearing Schedule

Federal Prosecutors propose Schedule for McIntosh Hearing March 2020 thru August 2020 in USA vs Lynch

Federal Prosecutors stab Lynch in the back one more time as the Government collapses and they abandon their possbily CV-19 infected offices to work from home. This is the schedule for Lynch's McIntosh hearing based on the Spending Appropriations Rider 2015-2020 frantically filed by David Kowal. It's clear he knows/knew that this schedule would not be possible due to the upcoming CV crisis yet he spent his and other's time and money working on it anyway. Today 3-19-20 the entire State of California went into lockdown (I did 9 months 10 days house arrest) I truly believe that David Kowal should be investigated by the FBI for this ongoing felonious prosecution and Section 531 is the vehicle for that investigation. This clear incompetent misconduct also shows his great disdain for Lynch at Hate Crime levels and complete disregard for the Appropriations Rider Section 531. Kowal should have been prosecuting enemies foreign or domestic, Lynch is not an enemy of the United States of America. Also more than half the entire nation operates in felonious violation of Federal marijuana laws and this continuing prosecution is an injust to the constitution and to the 'equal treatment under the law' mantra. The Government has hired many expert witnesses on both sides to try and figure out if Lynch was following state Medical Marijuana Laws 13 years ago. What a collosal waste of taxpayer money and Lynch's life. Thought Kowal was the expert but he doesn't know either, has to hire experts. Lynch ran a near perfect dispensary a 10 many thought :) The tone of Kowal's remarks are alarming ie; "because of the desire..."

Federal Prosecutor David Kowal

By this ex parte application, the government requests that this expert deadline, and the other deadlines currently established, be extended for two weeks, for the following reasons.

The government has a potential expert (“the expert”) who has been working diligently for several months on this matter including reviewing the voluminous discovery and record in this case, for the purpose of analyzing issues concerning defendant’s compliance with California state marijuana law.

Because of the desire to file this application before the government’s office closed on March 13, 2020, I caused this application to be filed

January 09, 2020 Busted!

Lynch Admonished for the smell of weed in his house January 09, 2020

Lynch was jamming some music in his trailer and finished playing Secret Agent Man when he heard pounding on the door. Lynch opened the door to two Federal Agents who are allowed by court order to search the house. The Federal Agents came into the house and smelled Cannabis. Lynch was admonished and written up by the Agents.

Federal Agents

The Defendant was admonished for not abiding by his condition to not use or possess illegal drugs

The defendant furthered his conversation by citing criminal codes and state marijuana usage laws.

Lynch said he was not citing State Marijuana Laws but rather Federal Marijuana Laws and said more the half the entire nation is operating in violation of Federal Law.

May 30, 2019 Final Pre McIntosh Hearing Briefs

Federal Prosecutors and Federal Public Defenders provide final briefs for McIntosh Hearing

These are the final arguments before Feds put Lynch on State trial in Federal Court to determine whether he was following state law 12 years ago when he ran his Medical Marijuana dispensary in Morro Bay California. This is the so called McIntosh hearing based on the Spending Appropriations Rider 2015-2019. Government is saying that Lynch needs to prove he followed State Law beyond a reasonable doubt. Lynch says has already shown he was following state law and it is the burden of the Government to prove he was not following State Law.

Federal Prosecutor David Kowal

Defendant further shows the weakness of his arguments by relying heavily on the unpublished Ninth Circuit opinion in United States v. Gloor

Unsurprisingly, district courts have had no problems acknowledging these opinions while still firmly holding that defendant bears the burden by a preponderance of the evidence in a McIntosh hearing.

As the government has set forth, the Ninth Circuit in Kleinman properly used the Cal. AG Guidelines to measure a defendant’s state law compliance for conduct that preceded the promulgation of the guidelines

Federal Public Defenders

Misquoting and altering the transcript, the government suggests that at the hearing on the indicative motion, the defense “conceded” that if the burden is on the defendant, then Mr. Lynch has not shown compliance. (Gov’t Opn’g Br., Dkt. No. 490 at 7.) In fact, the defense stated the opposite: “Even if the burden is on us, I think we have met it.” (Dkt. No. 467 at 41:15-18.)

All this court must determine is whether, as a factual matter, California law authorized Mr. Lynch’s conduct. If so, the rider applies. See Lynch, 903 F.3d at 1087.

Finally, the government relies on the unpublished district court decision in United States v. Daleman...Daleman relies on the general rule that the proponent of a motion bears the burden of proof...Importantly, Daleman predates Gloor, where the Ninth Circuit looked to state procedural mechanisms to determine whether the defendant demonstrated state-law compliance under McIntosh.

In straining to find noncompliance, the government argues that laws and guidelines that postdate Mr. Lynch’s conduct—by as much as a decade—are relevant to the court’s decision.

Lynch has also filed to have his case heard by the Supreme Court. Visit the Appeal and Supreme Court pages for the latest updates.

May 09, 2019 Feds Prepare State Trial in Federal Court

Feds preparing to put Lynch on State Trial in Federal Court, McIntosh Hearing

Feds are planning on putting Lynch on trial in Federal Court to determine whether he was following state law 12 years ago when he ran his Medical Marijuana dispensary in Morro Bay California. This is the so called McIntosh hearing based on the Spending Appropriations Rider 2015-2019. Feds are saying that Lynch needs to prove his innocence beyond a reasonable doubt.

FEDERAL PROSECUTORS

AS THIS COURT HAS ALREADY CONCLUDED, DEEFENDANT BEARS THE BURDEN OF PROVING HIS ACTIONS WERE IN STRICT COMPLIANCE WITH STATE LAW BY A PREPONDERANCE OF THE EVIDENCE.

Federal Public Defenders

In the appellate opinion in this matter, the court found it “contestable” whether Mr. Lynch was in “total compliance with state law,” indicating that even without further factual development, Mr. Lynch had raised doubt as to his compliance. Lynch, 903 F.3d at 1085...Thus, as dictated by law, at this stage, the burden shifts to the government to prove the CCCC was not in compliance with California medical marijuana laws beyond a reasonable doubt.

Lynch has also filed to have his case heard by the Supreme Court. Visit the Appeal and Supreme Court pages for the latest updates.

April 23, 2019 Feds Ask for Extension

Feds ask for 2nd Extension preparing State Trial for Lynch in Federal Court

Feds are planning on putting Lynch on trial in Federal Court determine whether he was following state law 12 years ago when he ran his dispensary in Morro Bay California. This is the so called McIntosh hearing based on the Spending Appropriations Rider 2015-2019.

hereby stipulate to the following in support of a joint motion for a two-week continuance of the dates for preliminary briefing in this matter.

Lynch has also filed to have his case heard by the Supreme Court. Visit the Appeal and Supreme Court pages for the latest updates.

April 8, 2019 Feds Ask for Extension

Feds ask for Extension preparing State Trial for Lynch in Federal Court

Feds are planning on putting Lynch on trial in Federal Court determine whether he was following state law 12 years ago when he ran his dispensary in Morro Bay California. This is the so called McIntosh hearing based on the Spending Appropriations Rider 2015-2019.

Based on the stipulation of the parties and for good cause shown, IT IS HEREBY ORDERED THAT: The parties shall file their opening simultaneous briefs (limited to 20 pages) on April 25, 2019. Simultaneous responsive briefs (limited to 7 pages) will be filed on May 16, 2019. The hearing shall be continued from May 20, 2019 to June 3, 2019 at 9:00 a.m. IT IS SO ORDERED. Dated: April 15, 2019 Hon. George Wu

Lynch has also filed to have his case heard by the Supreme Court. Visit the Appeal and Supreme Court pages for the latest updates.

September 13, 2018 9th Circuit Lynch wins McIntosh Hearing

After 10 years on appeal the 9th Circuit finally made a decision in USA vs Lynch. The Good News Lynch won a McIntosh hearing which says Federal Government cannot spend money to overthrow state medical marijuana laws. The Rider has been on the books since 2015. This year it is known as the Consolidated Appropriations Act 2019 Division C Section 537. The Bad news, even McIntosh himself has not won his arguments which are still ongoing.

The panel did not need to reach the question of whether a congressional appropriations rider (enacted following the filing of this appeal), which this court has interpreted to prohibit the federal prosecution of persons for activities compliant with state medical marijuana laws, operates to annul a properly obtained conviction. The panel explained that a genuine dispute exists as to whether Lynch’s activities were actually legal under California state law, and therefore remanded to the district court for a factual determination as to state-law compliance.

Lynch has also filed to have his case heard by the Supreme Court. Visit the Appeal and Supreme Court pages for the latest updates.