Judge Looks To Give Leniency in Federal Marijuana Case

By admin at 27 April, 2009, 4:25 pm

A California judge says he would like to reduce the sentence of a man who was convicted of federal drug laws by operating a medical marijuana dispensary, but it is unclear if the judge has the authority to do so.

Last week U.S. district judge George Wu postponed the sentencing of Charles Lynch until June 2, giving the lawyers in the case time to file briefs.

Lynch was convicted under federal law but was not charged for a state-related crime, which may give Wu the opportunity to offer leniency in the case.

Last month, attorney general Eric Holder announced that federal agents would only conduct raids on marijuana distributors if they violated state and federal laws. However, it’s unclear if his statements will play a part in previous cases, like Lynch’s.

In the courtroom, Wu said he didn’t believe Lynch should face the mandatory minimum of five years in prison but indicated that he had no ideas of how to give a lighter sentence.

“If I could find a way out, I would,” said Wu.

Last week a California man had 12 pounds of marijuana returned to him from police after he was acquitted on pot-related charges last month.

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