Civil War Against CCL Began March 31, 2007. That was
ago and still counting
Etrade Closing Lynch IRA
ETrade closing Lynch's IRA because he was "arrested for selling marijuana"
Lynch Loses Appeal in 9th Circuit
Lynch loses in 9th Circuit Court of Appeals but wins a McIntosh hearing September 13, 2018
Supreme Court Denies Justice in Lynch vs USA
Supreme Court Denies hearing Lynch vs USA letting false conviction stand
Lynch Files Section 538 Motion
Charles Lynch files Section 538 motion to end case based on new 2015 Spending Bill
Rorahbacher-Farr Letter to Inspector General
Congressmen Sam Farr and Dana Rorabacher write letter to Inspector General
Lynch Section 538 Motions
USA vs LYNCH
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.
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 Files Suppemental Exhibits N through Q
UPDATE April 9, 2015
Lynch Files Supplemental EXHIBITS N THROUGH Q
Last night April 8, 2015 I sent Dana Rohrabacher (R-Calif.) a message via his Facebook account. Also I posted a response to Sam Farr's (D-Calif.) message regarding Section 538. This morning I was surprised to hear from Mr. Farr in support of ending my case. Also I had an article in the New York Times today and Rohrabacher and Farr sent the DOJ a letter informing them to end medical marijuana prosecutions. My Federal Public Defender was quick to capture the moment and filed a Supplemental motion to the 9th circuit court of appeals. The motion has screen shots of my correspondence with Senator Farr, a copy of the New York Times Story and the Letter sent to DOJ from Rohrabacher and Farr.
Government files REPLY IN SUPPORT OF MOTION FOR...
UPDATE April 3, 2015
Government files REPLY IN SUPPORT OF MOTION FOR LEAVE TO FILE RESPONSE TO DEFENDANT’S SECTION 538 MOTION WITH FOURTH BRIEF ON CROSS-APPEAL
Last night (April 2, 2015) Federal Prosecutor David Kowal stayed up late into the night and filed the Government's response to Lynch's Sec 538 Motion at 11:07 pm.
Basically Government wants a merits panel to review Lynch's Sec 538 request.
"As set forth above, however, because the truncated, incomplete procedure requested by defendant for resolving the Section 538 issue is inappropriate, imprudent and unfair, defendant’s motion should be referred to the merits panel assigned to resolve these consolidated cross-appeals and the government should be permitted to file its response along with its fourth and final brief."
Prosecutor also reminds us the US Solicitor General has authorized his work:
This is particularly so where, as is the case with the government’s cross-appeal here, the appeal is a government affirmative appeal authorized by the United States Solicitor General.
Government also reminds us that Lynch has stalled the case for years and is now demanding Urgent Motions:
"Moreover, as reflected in the government’s second brief on cross-appeal, the government continually sought prompt resolution of sentencing and other post-trial issues in district court, only to be thwarted by the successful attempts of defendant and the district court to repeatedly continue and delay matters..."
The Government starts tearing the new Sec 538 law apart by stating the following
"Section 538 says nothing about “local laws,” but rather “State laws.”
And finally the Government Prosecutor is feeling confident about his work:
"The government is confident that when this Court reviews the entire briefing and full district court record in this matter that it will reject defendant’s Section 538 claim"
Lynch noted that he 'was tired of being a pawn in this stupid game of legal jeopardy' and that he has not had gainful employment for over two years mostly due to the pending dark cloud case hanging over him for eight years. He said he would continue the fight regardless because our Government is not treating people fairly and the time is NOW for change. Lynch threw out one of his favorite quotes "Just Say NOW! to legalization.
Lynch Files Urgent Motion for Judgement
UPDATE MARCH 23, 2015
Lynch Files Urgent Motion for Judgement
UPDATE: March 23, 2015 Lynch's Federal Public Defenders filed an Urgent Motion to the 9th Circuit Court of appeals along with a response to the latest governments last response to Lynch's Sec 538 Motion. Seems that the Section 538 law will expire on September 30 2015. Feds want to delay the case and Lynch wants justice now. Click the buttons below to view the documents.
Government Files Motion for Leave to File Response...
UPDATE March 10, 2015
Government Files GOVERNMENT’S MOTION FOR LEAVE TO FILE RESPONSE TO DEFENDANT’S SECTION 538 MOTION WITH FOURTH BRIEF ON CROSS-APPEAL
On March 10, 2015 the Federal Government filed their response to Lynch's Section 538 Motion. The Government wants Lynch's 538 Motion to be reviewed by a 'merits panel'.
"To the government’s knowledge, defendant’s motion is the first appellate filing in the country to invoke Section 538 against the government. To the extent that this Court elects to publish its decision resolving defendant’s motion, that decision will be binding precedent in each of the 12 federal judicial districts in the eight states mentioned in Section 538. This Court has a long tradition of referring such potentially precedent-setting motions to merits panels."
The Government is also seeking to have Judge Wu remanded from the Lynch case:
"...because the government—with the approval of the United States Solicitor General—has sought reassignment to a different district judge for any further proceedings on remand."
The Government wants Lynch's Appeal and Section 538 Motions considered together and says:
"It will also give the government the opportunity for full consideration and briefing of what is essentially a new ground for dismissing its conviction, presented for the first time on appeal by means of a motion."
Finally what the Government is requesting in the Response:
"...For all these reasons, this Court should refer defendant’s motion to the merits panel assigned to hear these consolidated cross-appeals..."
Lynch Files Section 538 Motions
February 24, 2015
Lynch Files Section 538 Motion
February 24, 2015 Federal 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.
The motion's page count exceeds the 9th circuit's maximum page length, so a request to file an oversized brief has also been filed. This is interesting because the Federal Public Defenders did not alert the Prosecutors of the motion being filed stating that since they should not be spending any more funds on the case they should not be notified of the motions.
Also In the past few months Lynch's Federal Public Defenders have been trying to work out a deal with the Federal Prosecutors based on the new 2015 laws. Lynch's attorneys offered a now commonly used procedure for non-violent Federal Drug Crimes where the defendant performs some sort of probation and at the end of the probation the defendant's felony record is cleared. The Federal Prosecutors office never officially responded to Lynch's proposal only saying it's highly unlikely a deal would be reached. Based on that Lynch's attorneys decided it was time to file the Section 538 Motion.
Charlie could use your help
Charles Lynch has been fighting this battle for over eight years. Help Charlie as his precedent setting case moves forward through the courts, make a Donation today. Thank you!
File a Complaint
Looking for a Volunteer
January 1 2015
File a complaint against the following Federal Prosecutors in the USA vs Charles Lynch case. Federal Prosecutors may be in violation of Appropriations Act, 2015 Section 538 wasting your Tax Dollars and defendant's lives by continuing the Federal Prosecution Medical Marijuana Defendants such as Charles Lynch. Here are the names of the people who may be in violation of Appropirations Act, 2015 Section 538:
STEPHANIE YONEKURA Acting United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division
/s/ Jean-Claude André JEAN-CLAUDE ANDRÉ Assistant United States Attorney Chief, Criminal Appeals Section
DAVE KOWAL Assistant United States Attorney Lead attorney in USA vs Charles Lynch