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.