MOTION FOR REHEARING EN BANC
Charles Lynch's Federal Public Defenders filed a MOTION FOR REHEARING EN BANC regarding his Section 538 Motion. Previously a panel of three 9th Circuit Court Judges denied Lynch's request to enforce Section 538 to end his prosecution. Lynch is appealing this decision requesting that a larger panel of judges decide on the issue. Counsel for United States Representatives Dana Rohrabacher and Sam Farr prepare amicus brief in support of Lynch's 538 Motion.
"This case presents an issue of exceptional, national, and urgent importance:"
"Indeed, federal prosecutors appearing before this Court and district courts of this Circuit are committing criminal acts by spending unauthorized funds on medical marijuana prosecutions. This Court has the duty and authority to prevent the unlawful practice of law within the Court’s jurisdiction, and should not abdicate its responsibility to decide a ripe issue presented in the proper forum, thereby allowing the government’s unlawful conduct to continue unchecked."
"They are expressly awaiting guidance from this Court. This Court’s failure to act expeditiously to enforce Section 538 is effectively sanctioning the DOJ’s illegal interpretation of the law."