May 15,2019 Government files Opposition in Lynch vs USA
Government files Opposition in Lynch vs USA asking Supreme Court to not hear the case
The prospective juror responded: “You finally said something I can relate to. I understand that completely. I believe there is something called jury nullification, that if you believe * * * the law is wrong * * * you don’t have to convict a person. That’s it.”
At a minimum, it was unreasonable for petitioner to proceed to run a multi-million dollar marijuana business based on a short, non-specific conversation with a DEA employee whose name and position he did not know (or at least failed to record), without even attempting to follow up or seek more detailed guidance.
Finally, the petition should be denied because the case comes to the Court in an interlocutory posture. This Court “generally await[s] final judgment in the lower courts before exercising [its] certiorari jurisdiction.”...In addition to remanding for resentencing, the court of appeals also instructed the district court to address on remand petitioner’s argument regarding the appropriations rider.
The petition for a writ of certiorari should be denied.
NOEL J. FRANCISCO
BRIAN A. BENCZKOWKSI
Assistant Attorney General
FINNUALA K. TESSIER