Lynch Section 538 Motions

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USA vs LYNCH

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.

Los Angeles Times Publishes USA vs Lynch Story Part II

Los Angeles Times Published USA vs Lynch Story Part II February 8, 2024

Los Angeles Times Reporters and photograhers were present for Lynch's final hearings and were instrumental in ending Lynch's nearly 17 year Federal Medical Marijuana Prosecution

Los Angeles Times Reporter Brittny Mejia @brittny_mejia was attending Lynch's recent hearings in Federal Court. She was present when Lynch's McIntosh hearing finally began and published the first article on January 31, 2024 that broke the camels back. Federal Prosecutor's decided to dismiss USA vs Lynch after the Front page January 31st article hit the news stands. The initial plea deal had Lynch ending up with a $2500 fine and lifelong misdemeanor. But thanks to President Joe Biden's marijuana pardon policy, Lynch's case will be dismissed with prejudice and 5 count felony record will be wiped clean without even a misdemeanor on April 20th, 2024. Lynch gives his thanks to Family, Friends, Jounalist and activists who stood by him through his 17 year ordeal. USA vs Lynch the longest most expensive federal medical marijuana in US and possibly World History. Lynch has filed for a Guiness World Record. Click the button below to read the LA Times Article online.

Judge Wu Approves Final Deal

Honorable Judge Wu Signs and Approves Final Deal

Honorable Judge Wu signs final Deal in USA vs Lynch and approves Diversion, Fine and Dismissal of charges and record

Honorable Judge Wu signs signs final Plea Deal in USA vs Lynch. The Deal calls for a $2500 fine and 72 days of diversion which upon completion the case will be dismissed and Charles Lynch's 5 count felony record will be wiped clean. Lynch was ecstatic over the decision. Los Angeles Times reporter Brittny Mejia who also recently broke the story of the nearly 17 year federal Prosecution followed up with an article about the case, charges and convictions being dismissed. Lynch pointed out that Federal prosecutors had spent nearly nearly 17 years which is about 26.8% of his life trying to lock him up while every marijuana store in America still operates in felonious violation of Federal Law and again called on Congress to get off thier high horse and Pass the MORE Act. Lynch said he is ready to put the case behind him and move on with a clean record. Lynch gives big THANK YOU to all that supported him though his nearly 17 year federal medical marijuana prosection. Lynch also said he has applied for a Guiness World Record for "The Longest Medical Marijuana Prosecution in World History" and is waiting for a decision that may come on or near April 20th when the case is officially closed.

Diversion Agreement and Waiver of Rights

Lynch agress to Diversion of 72 days and Dismissal

Defendant Charles Lynch with help of Free Federal Public Defenders and Cohen and Williams LLP signs plea deal

Defendant Charles Lynch was prepared to accept a plea deal in Federal court on 2-8-2024 when the deal was suddenly changed. The orgianl deal had Lynch pleading guilty to Misdemeanor Possession of Marijuana under federal law and the case would be dismissed with just a Misdemeanor on his record. Lynch took the deal knowing that he could probably get a pardon on the Misdemeanor under Joe Biden's Federal Misdemeanor Pardon Policy. It was later decided by Higher level DOJ officials that Lynch could not plead guilty to something that is pardonable. So at the last minutes while standing in the halls of Justice at the Court room front entrance a new deal was reached. Lynch agreed to a $2500 fine and Diversion and Waiver of Rights deal which would end the case in 60 days of diversion and wipe his record clean of 5 felonies and not even a misdemeanor. Lynch agreed to the deal with one stipulation asking for 72 days of diversion instead so case would symbolically end on April 20, 2024. The Deal was worked out by Free Federal Public Defennder Rebecca Able, Reuven Cohen of Cohen and Williams, Chief of the US DOJ Criminal Division Mack Jenkins and original Federal Prosecutor David Kowal. Lynch joyously took the deal and promised to be on his best behaviour for the next 72 days. Los Angeles Times Reporters and Photographers were at the court house and interviewed Lynch as he left the court house with his Mother and Supporters. Lynch stayed in Los Angeles for the night and went celebrating on the Town with his former Secretary and dedicated supporter Gina Armstrong. Lynch then drove home to Bloomfield New Mexico where he lives in a single wide trailer behind his Mothers house and began contemplating the future.

Cohen Williams LLP added to Docket

Cohen Williams LLP Added to the Docket, 2024

Former Free Federal Public Defender Reuven Cohen and his firm Cohen Williams LLP added to the Docket

Reuven Cohen one of Charlie's original Free Federal Public Defenders and trial attorneys rejoined the case. Reuven was instrumental in working out a final plea deal with Federal Public Defenders and Federal Prosecutors which will have Lynch's case resolved.

Los Angeles Times Publishes USA vs Lynch Story

Los Angeles Times Published USA vs Lynch Story January 31, 2024

Los Angeles Times Reporters were present for Lynch's recent hearings and decided to Publish a story on Lynch's nearly 17 year Federal Medical Marijuana Prosecution

Los Angeles Times Reporter Brittny Mejia @brittny_mejia was attending Lynch's recent hearings in Federal Court. She was on the Defendant's side of the Gallery. Lynch was curious as to who she was and inquired to find out she was a Los Angeles Times Reporter. Lynch's Former Federal Public Defend Reuven Cohen who is now in private practice at Cohen Williams LLP also was in the gallery. Brittny decided she was going to run a story on the case and Reuven worked with her on the details. Lynch joined Brittny and Reuven for a telephone interview and a story was published on January 31, 2024. Lynch's Free Federal Public Defenders said that the Federal Prosecutors wanted to have a deal before the article was published so they could say they have resolved the case to avoid embarrassment and scrutiny. There is talk that a follow up article will be published after the final hearing. Lynch said he was very pleased with the article that outlined his 17 year federal medical marijuana prosecution with great accuracy and compassion. Click the link below to check out the Article. Lynch was also asking for donations to help him pay the $2500 file that will be imposed by the court and was quoted as saying "Freedom ain't Free, pleae donate today! Thank you for your support!"

Lynch is scheduled to appear before the Honorable Judge Wu who is expected to approve the deal on February 8, 2024 at 10:00 AM in Los Angeles Federal Court. Everyone is invited to attend as it is a public hearing.

David Kowal Removed from USA vs Lynch Documents

Federal Prosecutor David Kowal has been removed from the USA vs Lynch documents January 31, 2024

Federal Prosecutor David Kowal who missed deadlines and has spend nearly 17 years TRYING to lock up Charles Lynch for crimes he did not commit has been removed from the USA vs Lynch documents

Federal Prosecutor David Kowal has been replace by Mack Jenkins on documents related to USA vs Lynch. Mack Jenkins is the Chief of the Criminal Division of the Central District of California US Attorney's office. Former Prosecutor David Kowal whose position is in question missed his own filing dates, made a mockery of the Justice System, wasted millions of Taxpayer dollars and spent nearly 17 years TRYING to lock up Charles Lynch for Petty Marijuana Crimes he did not commit.

Lynch Signs Plea Deal

Lynch Signs Plea Deal January 30, 2024

Lynch Signs Plea Deal to Misdemeanor possession and $2500 Fine wiping away 5 felonies, 5 year mandatory minimum and ending 17 year Federal Medical Marijuana Prosecution

After days of negotiations with High Level Department of Justice officials Free Federal Public Defenders worked out a plea deal between Federal Prosecutors and Charles Lynch. First they wanted 1 year supervision, 5000 fine and misdemeanor possession plea to dismiss the charges. Federal Public defenders finally got a misdemeanor possession charge and a $2500 fine to end the case immediately wiping out 5 felony convictions, a 5 year mandatory minimum and restoring Lynch's constitutional rights. Lynch said he would be putting the $2500 fine on credit cards and would greatly appreciate any donations to help pay the fine. Lynch has learned the hard way Freedom ain't Free.

The final agreement document removed the original Federal Prosecutor's David Kowal's name from the Docket Replacing it with Mack Jenkins the Chief of Criminal Division US Attorneys office. Officials apparently wanted to end the case before the LA Time article was published.

Lynch is scheduled to appear before the Honorable Judge Wu who is expected to approve the deal on February 8, 2024 at 10:00 AM in Los Angeles Federal Court.

Minutes of Evidentiary Hearing

Minutes And Evxibits McIntosh Hearing in Los Angeles Federal Court January 22, 2024

LIST OF EXHIBITS AND WITNESSES as to Charles C. Lynch. (aco) (Entered: 01/23/2024)

MINUTES OF EVIDENTIARY HEARING RE DEFENDANT'S MOTION TO ENJOIN GOVERNMENT SPENDING 544 (Held and taken under submission) Evidentiary Hearing held before Judge George H Wu as to Defendant Charles C. Lynch taking under advisement 544 MOTION for Order for ENJOINING GOVERNMENT SPENDING. The case was called and counsel made their appearances for the record. The Court heard testimony from Christine Malone and Charles C. Lynch. Government exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 were identified and admitted. See separate witness and exhibit list. The Court heard closing arguments. The matter was taken under submission. Court Reporter: Terri A. Hourigan. (aco) (Entered: 01/23/2024)

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.

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