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On Monday June 15, 2009 Lynch's Federal Public Defenders filed a Notice of Appeal. Lynch intends on appealing his conviction and sentence to the Ninth District Court of Appeals. Lynch is currently out on bail pending appeal. Click here to view the Notice of Appeal.
On July 13, 2009 the Federal Government filed a notice of appeal. The government intends to appeal Lynch's one year sentence demanding the 5 year mandatory minimum. It is common practice that in order for the government to appeal they must contact the main Department of Justice office in Washington to get approval. It is assumed at this point that the DOJ has authorized the local prosecutors to continue to persecute Charles C. Lynch. Click here to read the document.
On August 18, 2009 the 9th Circuit Court of Appeals dismissed the Lynch and Government Appeals because Judge Wu had not yet issued his written judgement. Both appeals were dismissed without prejudice meaning they can be refiled at a later date. Click here to read the document.
On October 9, 2009 Goverment Prosecutors filed a motion telling Judge Wu to hurry up with the sentencing document so that the Government call appeal the one year one day sentence Lynch recieved because they still want Lynch to get five years. Click here to read the document.
On October 19, 2009 the Obama Administration issued a new Federal Government Policy regarding Medical Marijuana. Click here to read the new policy. Click here to read the new policy.
On October 27, 2009 California Senator Sam Farr introduced the Truth in Trials act to congress. The Bill would allow a State Medical Marijuana defense during a Federal Trial. Click here to read the story. Click here to read the Bill.
On February 10, 2010 Government Prosecutors filed a second motion telling Judge Wu to hurry up with the final commitment and judgment order. Click here to read the document.
On February 12, 2010 Andre Birrotte was confirmed as the new US Attorney for the Central District of California. This is the office in charge of prosecuting Charles C. Lynch. Birotte is Obama's choice to run the office replacing Bush appointees. Click here for the Story.
On April 29, 2010, after a 10 month wait, Judge Wu issued his final Sentencing Memo. Click here to read the memo.
On May 6, 2010 Lynch re-filed an Appeal with the 9th Circuit Court of Appeals. Lynch is appealing his sentence and conviction.
On May 27, 2010 Government prosecutors re-filed their cross appeal. They want Lynch to get 5 years instead of the one year one day Judge Wu sentenced him to. Government prosecutors must recieve permission from Washington to file such a motion so this implies that Eric Holder and President Obama are not upholding their 'new policy' to not prosecute medical marijuana providers who are in compliance with State Law.
On June 3, 2010 Lynch was advised that an appeal court hearing has been set for September 7, 2010. Click here for the Court Schedule.
On August 23, 2010 Lynch was advised that there is a problem in obtaining the trial transcripts. As a result the appeal process has been postponed until October 20, 2010. Click here for the 9th Circuit Court of Appeals document recognizing the delayed transcripts
On April 4, 2011 the 9th Circuit Court of Appeals granted a forth extension for documents to filed in Lynch's appeal. Lynch is represented by the Federal Public Defenders Office in Los Angeles. Lynch now has an Appellate Attorney who is preparing his appeal to be heard before the 9th Circuit. The new date is set for June 20, 2011. Click here for the Court Schedule.
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