INCREDIBLE NEWS: February 8, 2024 Lynch signs NEw plea deal to $2500 fine and 72 days of diversion wiping out 5 felonies a 5 year mandatory minimum sentence and ending the nearly 17 year Federal Prosecution. Lynch gets off without even a misdemeanor on his record. Final order was signed on February 8 2024 by the Honorable Judge Wu. Scroll down to read the new deal.
BREAKING NEWS: January 2024 Lynch signs plea deal to misdemeanor possession and $2500 fine wiping out 5 felonies a 5 year mandatory minimum sentence and ending the nearly 17 year Federal Prosecution. Lynch will be left with a misdemeanor possession charge on his record. Final hearing set for February 8, 2024 10am in Los Angeles, CA Superior Court. Scroll down to read the plea agreement.
January 31, 2024 LA Times runs story on USA vs Lynch case exposing prosecutorial misconduct and unfairness of 17 year federal medical marijuana prosecution to the World. Feds scramble to reach deal before story breaks to avoid embarrassment and be able to say case has been resolved. Scroll down for link to the story.
January 22, 2024 Lynch appears in Federal Court for McIntosh hearing. Federal Prosecutor David Kowal puts on a real circus act asking for more time but the Judge tells him time is up and admonishes him for missing previous deadlines. Director of Criminal Division and Prosecutor David Kowal's boss Mack Jenkins watches from the gallery to see a prosecutor in total disarray. Scroll down for the story.
November 2023 Federal Prosecutors miss deadline to file in McIntosh hearing in USA vs Lynch two times in a row. Lynch files for motions to dismiss. Scroll down for latest updates
January 2023 Court again re-schedules McIntosh hearing in USA vs Lynch for August 7, 2023. Government pushes the blame off to Lynch for all his delays in hearings in the past.
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.
Pre Trial Services recommeneds ending lynch Weekly phone call Reports
Lynch has been reporting by phone and in person to Pre Trial Services Officers for over 15 years. Pre Trial Services officers recommended dropping Lynch reporting all together or a more limited plan. So instead of reporting once a week, now Lynch to report by phone once a month.
Lynch's Motion to enjoin Government from spending on ongoing Prosecution due July 14, 2022 in USA vs Lynch
There will be no further continuances. IT IS SO ORDERED.
McIntosh Hearing Schedule CONTINUED to September 2022 in USA vs Lynch
Court CONTINUES the dates set in Scheduling Order as Follows
Evidentiary Hearing September 22, 2022 9:30 am
McIntosh Hearing Schedule CONTINUED to Februrary 2022 in USA vs Lynch
Court CONTINUES the dates set in Scheduling Order as Follows
Evidentiary Hearing February 17, 2022 9:30 am
McIntosh Hearing Schedule CONTINUED to April 2021 in USA vs Lynch
Court CONTINUES the dates set in Scheduling Order as Follows
Evidentiary Hearing April 1, 2021 9:30 am
McIntosh Hearing Schedule CONTINUED to 2021 in USA vs Lynch
Court CONTINUES the dates set in Scheduling Order as Follows
Evidentiary Hearing January 7, 2021 9:30 am
Federal Prosecutors and Federal public defenders file Expert Discovery 2020 in USA vs Lynch
Federal prosecutors file Expert Witness Disclosure. DEA Agent Dennis R. Packer will argue that Lynch's business model was not correct. Federal Public Defenders file Exper Witness Disclosure. Alex Kreit and Ofor Lion will provide expert witness that Lynch complied with State Laws. These disclosure documents are not available online at this time.
Judge Wu approves McIntosh Hearing Schedule May 2020 thru September 2020 in USA vs Lynch
Due the Corona virus pandemic Judge Wu reschedules the McInthosh hearing schedule for Lynch: Expert Discover May 4, 2020; Defendant's motion to enjoin spending June 18, 2020; Government's opposition to motion to enjoin July 16, 2020; Defendant's reply August 13, 2020; Final Discovery Cutoff August 27, 2020; Status Conference September 10, 2020; Evidentiary Hearing September 24, 2020.
Judge Wu approves McIntosh Hearing Schedule March 2020 thru August 2020 in USA vs Lynch
Judge Wu sets the McInthosh hearing schedule for Lynch: Expert Discover March 27, 2020; Defendant's motion May 14, 2020; Government's opposition June 11, 2020; Defendant's reply July 9, 2020; Final Discovery Cutoff July 23, 2020; Status Conference August 3, 2020; Evidentiary Hearing August 10, 2020.
Federal Prosecutors propose Schedule for McIntosh Hearing March 2020 thru August 2020 in USA vs Lynch
Federal Prosecutors stab Lynch in the back one more time as the Government collapses and they abandon their possbily CV-19 infected offices to work from home. This is the schedule for Lynch's McIntosh hearing based on the Spending Appropriations Rider 2015-2020 frantically filed by David Kowal. It's clear he knows/knew that this schedule would not be possible due to the upcoming CV crisis yet he spent his and other's time and money working on it anyway. Today 3-19-20 the entire State of California went into lockdown (I did 9 months 10 days house arrest) I truly believe that David Kowal should be investigated by the FBI for this ongoing felonious prosecution and Section 531 is the vehicle for that investigation. This clear incompetent misconduct also shows his great disdain for Lynch at Hate Crime levels and complete disregard for the Appropriations Rider Section 531. Kowal should have been prosecuting enemies foreign or domestic, Lynch is not an enemy of the United States of America. Also more than half the entire nation operates in felonious violation of Federal marijuana laws and this continuing prosecution is an injust to the constitution and to the 'equal treatment under the law' mantra. The Government has hired many expert witnesses on both sides to try and figure out if Lynch was following state Medical Marijuana Laws 13 years ago. What a collosal waste of taxpayer money and Lynch's life. Thought Kowal was the expert but he doesn't know either, has to hire experts. Lynch ran a near perfect dispensary a 10 many thought :) The tone of Kowal's remarks are alarming ie; "because of the desire..."
By this ex parte application, the government requests that this expert deadline, and the other deadlines currently established, be extended for two weeks, for the following reasons.
The government has a potential expert (“the expert”) who has been working diligently for several months on this matter including reviewing the voluminous discovery and record in this case, for the purpose of analyzing issues concerning defendant’s compliance with California state marijuana law.
Because of the desire to file this application before the government’s office closed on March 13, 2020, I caused this application to be filed
