Lynch Section 538 Motions

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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.

McIntosh Hearing Schedule

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.

McIntosh Hearing Schedule Extension Request

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

Alleged Violation

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.

Final Pre McIntosh Hearing Briefs

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.

McIntosh Hearing Preliminary Documents

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.

McIntosh Hearing Delay 2

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.

McIntosh Hearing Delay 1

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.

Lynch Wins McIntosh Hearing

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.

Lynch Section 542 Motion Denied

USA vs Lynch 9th Circuit Denies Section 542 Motion June 16, 2017

9th Circuit Denies Lynch Section 542 argument without prejudice. Lynch will now have to make his Section 542 arguments in his final Brief due July 17 2017, ten years to the day after Lynch was arrested on July 17, 2007.

Lynch’s Notice (Docket Entry No. [137]) is denied without prejudice to renewing the arguments in the third cross-appeal brief. No motions for reconsideration of this denial will be entertained. Lynch’s third brief on cross-appeal is due within 30 days of the date of this order.

Click the 'Motion Denied' button to read the 9th Circuit's string of decisions on previous filing and the Section 542. Thank you for your support :( Charles C. Lynch


Lynch Final Section 542 Reply

USA vs Lynch Lynch Files Final Section 542 Motion April 24, 2017

Free Federal Public Defenders file Lynch's oversized (38 pages) Section 542 motion reply and at the same time file Request to File the Oversized reply.

And the government’s proposal flips the presumption of innocence on its head. Criminal defendants, of course, are innocent until proven guilty. See In re Winship, 397 U.S. 358 (1970). Mr. Lynch is entitled to a presumption that he complied with California law unless and until the government proves otherwise.

The Reply is 38 pages and there is a 10 page max so a request to file the oversized brief is included. The 9th Circuit hasn't replied to any of the requests for extensions lately...

Click the 'Final Reply' button to read Lynch's Final Section 542 reply. Thank you for your support! Charles C. Lynch


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