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

---

USA vs Lynch Federal Public Defefenders Files Final Extension to Respond April 21, 2017

Free Federal Public Defenders file for a final one day extension to reply to Government's opposition to Lynch's Section 542 motion.

---

USA vs Lynch Federal Public Defefenders Files Extension to Respond April 3, 2017

Free Federal Public Defenders file for extension to reply to Government's opposition to Lynch's Section 542 motion.

---

USA vs Lynch Government Files Final Section 542 Opposition March 23, 2017

Federal Prosecutors file oversized (27 pages) opposition to Lynch's Section 542 motion and at the same time file request to file the oversized reply.

For the reasons set forth above, defendant’s motion should be denied, and this Court should order that defendant third brief on cross-appeal be filed without further delay.

Federal Prosecutors file oversized response opposing Lynch's Section 542 Motion. The response is 27 pages and there is a 20 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...

Click the 'Government 542 Opposition' button to read the Government's Final oppositin to Lynch's Section 542 motion. Thank you for your support! Charles C. Lynch

---

USA vs Lynch Government Request for Exentsion March 16, 2017

Government Prosecutors file an entension request to file a response to Lynch's Section 542 motion.

I am an Assistant United States Attorney in the Central District of California...Additional time is also needed because of the size and nature of defendant’s Motion. Defendant’s Motion consists of an oversized 27-page brief, presents multiple issues, and includes two volumes of exhibits.

Click the 'Request for Relief' button to read the request. Thank you for your support! Charles C. Lynch

---

USA vs Lynch Request for McIntosh Relief March 3, 2017

Free Federal Public Defenders filed Section 542 Notice and Request for McIntosh Relief based on Appropriations Act Section 542 Motion to the 9th Circuit Court of Appeals in USA vs Lynch, an ongoing Ten Year Federal Medical Marijuana Prosecution in Californa.

In their amici curiae brief, U.S. Representatives Dana Rohrabacher (R-CA) and Sam Farr (D-CA), the lead authors of Section 542, explained that the rider was intended to apply to cases like Mr. Lynch’s—and to this case in particular. Specifically, they wrote that the purpose of their amendment was stopping federal prosecutions “like the one pending . . . against Charles Lynch.” Dkt. No. 103, at 8. Referring to this case, the Congressmen cautioned that “[p]ermitting the DOJ to spend more federal funds to prosecute one of the very cases Congress intended for the DOJ to cease prosecuting defeats the purpose of the Rohrabacher-Farr Amendment entirely.” Id. at 11

Money Slinging Marijuana hating Federal Prosecutor David Kowal is expected to file his felonious frantic reply by March 16, 2017. But my Deputy Federal Public Defenders have some news for him:

In addition, if the government’s continued spending on this case is unlawful, the Court should not ignore that fact and allow further expenditures on appeal. The concern is not solely unauthorized waste of taxpayer funds—although that interest is weighty. The government’s failure to comply with Congress’s directive violates the Appropriations Clause, U.S. Const. art. I, § 9, cl. 7, and the Anti-Deficiency Act, 31 U.S.C. §§ 1341 et seq., 1511 et seq., implicating constitutional rights and potential criminal liability for the government. See McIntosh, 833 F.3d at 1175 (“[I]f DOJ were spending money in violation of § 542, it would be drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause.”); 31 U.S.C. § 1341(a)(1)(A) (making it a felony for federal employees to “make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation”); see also id. §§ 1350, 1517(a), 1519.

Click the 'Request for Relief' button to read the 253 pages of work by Federal Public Defenders. At the cost of an appellate attorney these days that cost could be up to and beyond $253,000 just for this one motion not to mention the millions spent prosecuting and defending Lynch. Lynch has Free Federal Public Defenders and your donation is greatly appreciated. Freedom Fighting is not a paid position. Thank you for your support! Charles C. Lynch

---

USA vs Lynch Hearing Set for February 2, 2017

A decision in USA vs Charles Lynch is set for February 2, 2017 at 9am in the Downtown Los Angeles Federal Court House. Lynch's Federal Public Defenders filed a Appropriations Act Section 542 motion to end his Federal Prosecution for operating a Medical Marijuana Dispensary in Morro Bay CA. Section 542 prohibits the Goverment from spending money on such prosecutions. The Section expires in April 2017 if not renewed. Prosecutors responded with a request for a delay until late January 2017. Judge Wu set a hearing date of February 2, 2017 9am in Los Angeles CA. Even found a typo in the document "no long with this office".

This request is based on the Attached Declaration of AUSA David Kowal...I am one of the government’s counsel of record in defendant Lynch’s pending appeal and the government’s cross-appeal before the Ninth Circuit, 9th Circuit Docket Nos. 10-50219 and 10-50264...My co-counsel in this matter is no long with this office. Other government counsel who are likely to assist me in responding to the Motion have lengthy pre-planned leave similar to or more lengthy than mine.

Big Thank You to all my supporters. Your help getting me to Los Angeles for this possibly historic hearing is greatly appreciated. Thank you! Charles C. Lynch

---

December 12, 2016

Lynch Files Motion to End Federal Prosecution

December 12, 2016: In the ongoing Federal Medical Marijuana Appeal USA vs Charles Lynch, Lynch's Federal Public Defenders filed a motion to end the Federal Prosecution of Lynch based on Approprations Act Section 542. Lynch claims it is a Felony for prosecutors to continue this medical marijuana prosecution based on Section 542 stating:

Even a de minimis expenditure of unauthorized funds violates the plain text of Section 542 and the Anti Deficiency Act, which makes it a felony for federal employees to make or authorize and expenditure or obligation exceeding an amount available... It is a violation of constitutional magnitude.

---

December 11, 2016

Lynch Files Motion to Release 250k Bail Bond

UPDATE: December 14, 2016 Judge Wu released Charles Lynch's Bail! Today Judge Wu released the Family Farm now owned by my Sister Amanda Garcia. My little brother Pat Lynch posted the Family farm as part of 400k bail to get me out of Federal Detention back in 2007. He later died and left the property to my sister Amanda. A motion years ago released other portions of the bail including 108k posted by my brother Tom Lynch and property valued at 100k belonging to my Step Father Larry Garcia. A big Huuuugge thanks to my family for believing in me through these very difficult past 10 years.

UPDATE: December 12, 2016 Judge Wu has denied Lynch's first motion to have the bond released saying that the Prosecutor must be notified. John Littrell contacted the prosecutor David Kowal who opposed releasing the bond. Littrell quickly refiled the motion noting the Prosecutors felonious opposition to the motion.

December 11, 2016: In the ongoing Federal Medical Marijuana Appeal USA vs Charles Lynch, Lynch has been on released supervision for over 9 years with a Bail of 200k. The 200k bail was posted by Charles Lynch's brother Pat Lynch who later died and in turn left the property to their sister Amanda. The property has been held for almost 10 years. Lynch's Federal Public Attorney John Littrell filed a motion before the District Court of Judge Wu to have the Bond released.

---

November 29, 2016

***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing.
United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity
The following transaction was entered on 11/29/2016 at 8:27:53 AM PST and filed on 11/29/2016
Case Name: USA v. Steve McIntosh
Case Number: 15-10117

Document(s): Document(s)

Docket Text: Filed order (DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA): The panel has voted to deny the petition for rehearing and the suggestion for rehearing en banc. The panel has voted unanimously to deny the petition for rehearing. Judges O’Scannlain and Bea have voted to deny the suggestion for rehearing en banc, and Judge Silverman has so recommended. The full court has been advised of the suggestion for rehearing en banc, and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing and the suggestion for rehearing en banc are DENIED. [10213015] [15-10117, 15-10122, 15-10127, 15-10132, 15-10137, 15-30098, 15-71158, 15-71174, 15-71179, 15-71225] (AF)
Notice will be electronically mailed to:

Honorable Maxine M. Chesney, Senior District Judge
Mr. Harry M. Drandell, Attorney
Andras Farkas
Robert R. Fischer, Assistant Federal Public Defender
Mr. Taki V. Flevaris, Attorney
Mr. Jesse Gessin
Mr. Daniel L. Harralson, Attorney
Mr. Peter M. Jones
Mr. Eric V. Kersten, Assistant Federal Public Defender
David M. Miller, Attorney
Honorable Wm. Fremming Nielsen, Senior District Judge
Mr. Timothy John Ohms, Assistant U.S. Attorney
Mr. Douglas Dwight Phelps, Attorney
Kevin P. Rooney, Assistant U.S. Attorney
Ms. Camil Skipper, Assistant U.S. Attorney
Russell E. Smoot, Assistant U.S. Attorney
Phil Telfeyan, Attorney
USDC, Fresno
USDC, San Francisco
USDC, Spokane
Mr. Nicolas Vernon Vieth, Attorney
Richard David Wall, Attorney
Mr. J. Douglas Wilson, Assistant U.S. Attorney
Alexandra Wallace Yates, Federal Public Defender
Mr. Marc Jonathan Zilversmit, Attorney

Honorable Lawrence J. O'Neill, Chief District Judge (daily summary)

---