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.

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.

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..."

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.

HELP CHARLIE

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!

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

Please file a complaint against them here: http://www.justice.gov/oig/hotline/contact-doj.htm