SAN FRANCISCO -- In an unanticipated turn of events, the bust of the world’s largest medical marijuana grow has developed into one of the shortest trials in federal court.
Opening arguments in the United States v. Charles “Eddy” Lepp were delivered yesterday morning to a freshly assembled jury. The judge gave her own speech as well, outlining the procedures in the trial, the elements of the charges, and various reflections on the importance of jury service. The government then proceeded to call all of its witnesses and present all of its exhibits. And when it was finally done, it was almost time for lunch.
FRESNO, CA -- She was once labeled the “Girl Friday” of a high-profile criminal defendant, but it seems that the case against Monica Valencia has finally gotten a dose of reality.
In federal court on Monday, Valencia was sentenced to one year and one day for her involvement with a Modesto medical marijuana dispensary. The sentence included reductions granted because of her minor role in the operation of the California Healthcare Collective and her lack of prior criminal history.
FRESNO, CA -- In spite of repeated protests from the government, the defense in the California Healthcare Collective case has been granted additional time to prepare a motion for a new trial. The sentencing hearing, which was scheduled to take place yesterday, has been re-set for September 15th. In the meantime, defense attorneys will continue to interview jurors and search for evidence to strengthen their motion. It would require unusual and compelling evidence to set aside the jury’s verdict, but the CHC case has already shown that it can go where no medical marijuana trial has gone before.
SACRAMENTO, CA -- Former medical marijuana dispensary operator Richard Marino was taken into custody immediately after a receiving a 51-month prison sentence in federal court yesterday.
The sentencing was the culmination of an investigation of Marino’s Roseville dispensary, Capitol Compassionate Care, which was raided in September 2004 by the Drug Enforcement Administration and the Internal Revenue Service. Marino has been a compliant defendant in the meantime, submitting to the civil forfeiture proceedings that claimed his five-acre home in Newcastle as well as a significant sum of cash. He also provided the government with enough information towards other criminal investigations to qualify for a sizeable sentence reduction.
On May 15th, 2008, following a federal jury trial, Modesto entrepreneurs Ricardo Montes and Luke Scarmazzo were found guilty of several marijuana charges. The jury was conflicted about the convictions and grossly underestimated the possible sentences. The most serious charge carries a mandatory minimum of 20 years in prison, for what is called "continuing criminal enterprise." In reality, all that the defendants were doing was running a medical marijuana dispensary in accordance with state law. This was a federal trial, however, and state law was not a defense or a subject of legal argument. Federal law pretends that there is no such thing as medical marijuana. Please sign this petition, asking the judge to give Ricardo Montes and Luke Scarmazzo the leniency they deserve.
Dear Honorable Judge Wanger,
We are asking you to please give Ricardo Ruiz Montes and Luke Anthony Scarmazzo the most lenient possible sentence. Montes and Scarmazzo never intended to break the law. Although, as you have pointed out, federal law has not yet caught up with some of the states when it comes to medical marijuana, it is clear that Montes and Scarmazzo took every possible precaution to ensure that their business was run properly under state law. Please consider Judge Breyer's decision in the Ed Rosenthal case when determining Montes and Scarmazzo's sentence. Thank you.
