U.S. v. LYNCH

Nos. 10-50219, 10-50264.

903 F.3d 1061 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Charles C. LYNCH, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Charles C. Lynch, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2018.


Attorney(s) appearing for the Case

Alexandra Wallace Yates (argued), Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Defendant-Appellant.

David P. Kowal (argued), Assistant United States Attorney; Robert E. Dugdale , Chief, Criminal Division; André Birotte Jr. , United States Attorney; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellee.

Joseph D. Elford , Americans for Safe Access, Oakland, California, for Amicus Curiae Americans for Safe Access.

Jenny E. Carroll , Professor of Law, Seton Hall University, Newark, New Jersey, for Amici Curiae Criminal Procedure Professors.

Paula M. Mitchell , Reed Smith LLP, Los Angeles, California, for Amici Curiae Members of Congress.

Michael V. Schafler , Benjamin B. Au , Arwen R. Johnson , and Isabel Bussarakum , Caldwell Leslie & Proctor PC, Los Angeles, California, for Amici Curiae Senators Mark Leno and Mike McGuire, and Former Senator Darrell Steinberg.

Dissent by Judge Watford.


OPINION

I. Introduction

Charles Lynch ran a marijuana dispensary in Morro Bay, California, in violation of federal law. He was convicted of conspiracy to manufacture, possess, and distribute marijuana, as well as other charges related to his ownership of the dispensary...

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