Lynch Section 538 Motions

Section 542 Hearing Countdown Timer

USA vs Lynch Hearing Set for February 2, 2017

February 2, 2017 10:30 am
United States Courthouse
350 West 1st Street
Los Angeles, CA, 90012
Courtroom 9D, 9th Floor

UPDATE: February 15, 2017: Click here for the transcripts from the February 2, 2017 hearing. I see the transcripts are not even dated correctly, it was Thursday February 2, 2017 not Monday February 2, 2017.
UPDATE February 14, 2017: Filed order (Appellate Commissioner): The court has received the defendant’s motion (Docket Entry No. [130]) for an additional extension of time in which to file the third cross-appeal brief, the government’s opposition (Docket Entry No. [131]), and the defendant’s reply (Docket Entry No. [132]). The motion is granted in part. The third cross-appeal brief is due within 45 days after the date of this order. Any further request for an extension of time to file this brief is disfavored. The government’s optional reply brief is due within 14 days after service of the third cross-appeal brief. (Pro Mo) [10318678] [10-50219, 10-50264] (MS)
UPDATE February 13, 2017: Lynch's Federal Public Defenders file reply to Government's opposition to Lynch's request for extension saying Federal Public Defenders should be working on the Section 542 motion as the Final Brief may be mute if Section 542 relief is found.
UPDATE February 10, 2017: Federal Prosecutor Dave Kowal files opposition to Lynch's latest extension of time to file Final Brief to the 9th Circuit court of Appeals saying any section 542 motion should be combined into the Final Brief.
UPDATE: February 7, 2017: Lynch's Federal Public Defenders filed an extension to file the Final Brief to the 9th Circuit Court of Appeals while they work on the Section 542 motion.
UPDATE: Thursday February 2, 2017: Charles Lynch appeared in Los Angeles Federal Court before Judge Wu regarding the 9th Circuit Court of appeals request from Judge Wu as to whether Charles Lynch was in compliance with State Law while operating his dispensary. Judge Wu refused to answer the Compliance question on hand and instead asked the question of whether Appropriations Act Section 542, a spending rider, can unwind a conviction and even possibly incarcerations based on the Controlled Substances Act. He also stated that if he were to decide on Compliance on this day either side would Appeal his decision, so it was faster according to the Judge to let the 9th Circuit Court of Appeals answer his question about whether a conviction can be unwound, then he can make his ruling based on the existing record.

The Prosecutor in the case tried arguing that Lynch's chance to file a Section 542 motion had expired and the Judge dismissed this claim. The Prosecutor also said that Lynch's Section 542 motion should be combined into his final appeal as opposed to being argued on its own merits.
UPDATE: Friday January 27, 2017 Lynch files final Section 542 brief 'Reply in Support of Motion for Written Indication That the Court Would Grant or Entertain a Motion for McIntosh Relief; Memorandum of Points and Authorities' Click the 'Lynch Final Reply' button below.
UPDATE: Thursday January 19, 2017 Government files 'GOVERNMENT’S OPPOSITION TO DEFENDANT’S REQUEST FOR AN INDICATIVE RULING' Click the 'Government Opposition' button below for the document.

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