Lynch Section 538 Motions

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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.

Lynch Files Urgent Motion for Judgement


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


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

Please file a complaint against them here:

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